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HomeMy WebLinkAbout116-01 RESOLUTION• • RESOLUTION NO. 116-01 A RESOLUTION TO APPROVE A SUB -RECIPIENT GRANT AGREEMENT WITH THE PROJECT FOR VICTIMS OF FAMILY VIOLENCE IN THE AMOUNT' OF $87,500.00 WHEREAS, the City of Fayetteville received $87,500.00 from the U.S. Department of Housing and Development Community Development Block Grant for the Project for Victims of Family Violence to fund the hiring of an architect to design a building for the Victims of Family Violence, to assist the City in bidding the project, to supervise the construction of the building and demolition and removal of the old building, and to oversee the entire project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the Sub -Recipient Grant Agreement in the amount of $87,500.00 attached as Exhibit A with the Project for Victims of Family Violence and authorizes Mayor Coody to sign such Agreement. PASSED and APPROVED this the 21st day of August, 2001. APPROVED: By: • eather Woodruff, City CI rk DAN COODY, dor • • NAME OF FILE: CROSS REFERENCE: • Resolution No. 116-01 • 08/21/01 Resolution No. 116-01 08/21/01 Sub -Recipient Grant Agreement (Community Development Block Grant Program) 08/07/01 Departmental Correspondence to The Mayor and Council from Hugh Earnest, Urban Development Director, regarding Sub -Recipient Grant Agreement with Project for Victims of Family Violence Project Program List 06/08/01 Letter to Project for Victims of Family Violence, Mc , from A Sutherland, Chief, Quality Review, Internal Revenue Service Staff Review Form 08/27/01 Departmental Memo to Yolanda Fields, Community Development, from Heather Woodruff, City Clerk NOTES: • • COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUB -RECIPIENT GRANT AGREEMENT Res. No. 116-01 ORIGINAL This Agreement, is entered into on this 1/ day of , , between the City of Fayetteville, hereinafter known as the "City", and the Pr ect for Victims of Family Violence hereinafter known as the PVFV an Arkansas non-profit corporation. WHEREAS the City has received funding from the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds from the CDBG Entitlement Cities program established under Title I of the Housing and Community Development Act of 1974, as amended, and the rules, regulations, policy memoranda, and other authority thereunder collectively, the "Act", and administered by the City; WHEREAS the Act contains certain requirements regarding the use of CDBG funds to fulfill a "national objective" as defined in the Act; the national objective to be fulfilled by the PVFV is: Have designed and construct a public shelter for homeless abused persons and children. WHEREAS the Act prohibits discrimination under any program or activity funded with CDBG monies on the basis of race, color, national origin, sex, age or handicap; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the PVFV agree as follows: 1. The City hereby designates and the PVFV hereby agrees to serve as the sub -recipient of the City's CDBG Entitlement Grant and to administer such grant in accordance with this agreement, and the Act. 2. The PVFV certifies that the activities carried out with funds provided under this Agreement will meet the CDBG Program's National Objective. 3. Upon execution of this Agreement, the City agrees to allocate the amount of Eighty - Seven Thousand, Five Hundred Dollars ($87,500.00) from the 2001 CDBG. 4. This Agreement shall begin on the date first written above. 5. Statement of work: Hire an architect to design the building, the City bid the project, and construct a new building, have the old building torn down and removed, with the architect overseeing the entire project. s a A • • SUB -RECIPIENT GRANT AGREEMENT page 2 of 7 Res. No. 116-01 ORIGINAL 6. Other requirements. The PVFV shall provide all additional funding over the amount the City has set aside for the project, which includes architects fees and the construction of the project, to include 15% of the construction cost as a continency. The architect shall be paid directly by the City. The project will not be sent out for bids until all funding for the project has been attained. The construction contract shall be between the City and the General Contractor. No changes to the bid documents are allowed without the express written consent of the City. Any authorized changes in the scope of the project shall be funded by the PVFV and deposited into city escrow account. Scope of Services; The PVFV agrees: To provide a shelter for abused persons and children, especially for low income families. (a) Describe Project particulars: The PVFV shall have plans and bid packets assembled for the construction project and have the architect oversee the construction of the project. (b) Describe other responsibilities directly or indirectly related to the project. The PVFV shall be responsible to raise the additional funding required to construct the building. (c) To make available all records for review by the City, and HUD personnel as requested. (d) To furnish to the City at the completion of the project a summary report on the project and its particulars. (e) To comply with all applicable federal, state, and local laws and regulations pertaining to the performance of the CDBG grant, including but not limited to; * Fair Housing Act (42 U.S.C. 3601-20). * Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and Implementing regulations in 24CFR Part 1, together with section 109 of the Act (see 560.602), prohibit discrimination in any program or activity funded in whole or in part with funds made available under this part. * 24 CFR Part 35 Requirements for Notification, Evaluation and Reduction of Lead-based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance. * 24 CFR Part 39 Energy conservation standards. * 24 CFR Part 570.502 Grant Administration. * 24 CFR Part 570.504 Program Income. * 24 CFR Part 570.604 Environmental Standards. The procedures for carrying out such environmental responsibilities are contained in (24 CFR Part 58). * 24 CFR Part 570.605 Flood Insurance * 24 CFR Part 570.607 Employment & Contracting Opportunities for low income persons. SUB -RECIPIENT GRANT AGREEMENT page 3of7 Res. No. 116-01 ORIGINAL * 24 CFR 570.609 Use of Debarred Contractors. * 24 CFR 570.611 Conflict of Interest * 24 CFR 570.614 Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) & Americans With Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA). (0 To submit to the City any and all documents demonstrating compliance with all federal, state, and local rules and regulations. Such demonstrations shall be provided at the request of the City The City's failure to request supporting documentation, however, shall not excuse any failure on the PVFV part to have complied with the applicable federal, state, and local rules and regulations. (g) (h) That all contracts for services, and other procurement for materials, services, or construction shall be carried out in compliance with applicable federal, state, and local rules and regulations. That authorized city, state, and federal officials and representatives will have access to all books, accounts, records, files, and other papers, things or property pertaining to the project in order to make audits, examinations, excerpts and transcripts. 8. Records and Reports: (a) The PVFV shall maintain sufficient records of beneficiary data with regard to the number and demographic character of low to moderate income persons benefitting from the project. Such records will include the following information: * Name, address, phone number. * Age, gender, and race. * Monthly/Annual household income including all household members over 18 years of age. * Disability status. * Single head of household w/children. * Size of household. (b) The PVFV agrees to provide a report regarding the progress status of the project on a quarterly basis during the terms of this agreement. The report will contain the information described in paragraph 8(a) above. After the PVFV takes occupancy of the building they shall submit a quarterly report to the City's Community Development Division containing the information required in paragraph 8a. (c) The PVFV agrees to maintain records and reports related to the project for a period of not less than five years following the term of the Agreement. • • SUB -RECIPIENT GRANT AGREEMENT page 4 of 7 Res. No. 116-01 ORIGINAL 9. For the purposes of this Agreement, the Project Coordinator for the City shall be Don Hancock or his successor. The Project Coordinator for the PVFV shall be Jamie Highfill or her successor. Communications pertaining to this agreement shall be through the respective Project Coordinators for the City and the PVFV. 10. Terms of Performance. (a) The term of performance for this agreement shall expire at the completion of the contract with the general contractor and the close out reports by the architect. If this agreement is terminated or canceled in accordance with the terms, conditions, and procedures of this Agreement, within (30) days after termination of this agreement, the PVFV shall provide and turn over to the City all materials and property, including real property, books, accounts, records, files and other papers, or items pertaining to the proj ect. (b) The City may consider an extension of the term of performance based on justifiable circumstances beyond the control of the PVFV. The PVFV shall make application and submit documentation to the City regarding such circumstances, and a proposal for the new time of constitute an amendment to the agreement. (c) The PVFV shall hold harmless, defend and indemnify the City, HUD and ADFA from any and all claims, actions, suits, charges and judgements whatsoever that arise out of the PVFV performance or nonperformance of the services or subject matter called for in this Agreement. 11. Budget. (a) It is expressly agreed and understood that the total amount to be paid to the PVFV from the 2001 CDBG shall not exceed Eighty -Seven Thousand, Five Hundred Dollars ($87,500.00). (b) The general contractor shall render a request for payment through the architect, to the project coordinator for the City. 12. CDBG Assets. (a) Upon expiration or termination of this agreement, all CDBG funded assets on hand at the time of expiration, and any accounts receivable attributable to the use of CDBG funds, shall revert to the City to be disposed of in accordance of applicable federal rules, laws and regulations governing the disposition of property, assets and equipment purchased with federal funds. • • SUB -RECIPIENT GRANT AGREEMENT page 5 of 7 Res. No. 116-01 ORIGINAL (b) Any real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 under the PVFV control upon expiration or termination of this agreement shall be used to meet one of the national objectives contained in section 570.208 of the Act for a period of five (5) years after the expiration of the agreement, or for such longer period of time as determined to be appropriate by the City. (c) In the event that the real property is not used in accordance with paragraph 7, the PVFV shall pay to the City an amount equal to the current market value to the property less any portion of the value attributable to non-CDBG funding sources expended to improve the property. 13. Uniform Administrative Requirements (a) The PVFV shall conform to the requirements of OMB Circular No. A-122, Cost Principals for Non -Profit Organizations. (b) The PVFV shall Conform to the requirements of OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. 14. Program Income: The PVFV agrees that any Program Income as defined by the Act generated by the project and pursuant to this agreement shall be administered as required by the Act and may be expended only upon prior notification and approval of the City. 15. Notices. All notices required or permitted under this agreement shall be submitted in writing to the other party to this agreement, by certified mail, return receipt requested, which notice shall be effective three (3) days after deposit therein addressed to the following: City of Fayetteville PVFV Community Development Division Jamie Highfill Yolanda Fields, PVFV Executive Officer Community Development Coordinator P 0 Box 1932 113 west Mountain St. Fayetteville, AR 72702 Fayetteville, AR 72701 16. Conflict of Interest: The PVFV represents that none of its employees, officers, or directors presently have any interest, either directly or indirectly, which would conflict in any manner with the PVFV's performance or procurement under this Agreement, and that no person having such interest will be appointed or employed by the PVFV. • • • SUB -RECIPIENT GRANT AGREEMENT page6of7 Res. No. 116-01 ORIGINAL 17. Tax Exempt Status: Attachment A, attached hereto and made part hereof is a copy of the correspondence from the Internal Revenue Service dated June, 8, 1998 confirming the 501(c)(3) tax exempt status of the PVFV. 18. Suspension and Termination (a) Remedies for noncompliance. In accordance with 24 CFR 85.43 of the Act, if the PVFV materially fails to comply with any term of an award, whether stated in a federal statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the awarding agency may take one or more of the following actions, as appropriate in the circumstances: * Temporarily withhold cash payments pending correction of the deficiency by the PVFV or more severe enforcement action by the City, * Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the project, activity, or action not in compliance * In whole or partly suspend or terminate the current award for the PVFV's project. * Withhold further awards for the project, or * Take other remedies that may be legally available. (b) In taking an enforcement action, the City will provide the PVFV an opportunity for appeal, or other administrative proceeding to which the PVFV is entitled under statute or regulation applicable to the action involved. (c) Costs of the agency resulting from obligations incurred by the PVFV during a suspension or after termination of an award are not allowable unless the City expressly authorizes them in the notice of suspension or termination or subsequently. Other PVFV costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: * The costs result from obligations which were properly incurred by the PVFV before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are noncancellable, and, * The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. (d) Relationship to debarment and suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude the PVFV from being subject to "Debarment and Suspension" under E 0 12549 (see 24 CFR 85.35 of the Act). (e) The City's failure to enforce any term or condition of this Agreement shall not be construed as acceptance of the PVFV non-compliance pursuant to this agreement and the City reserves the right to enforce a finding of non-compliance at any later time during the term of this Agreement. • • SUB -RECIPIENT GRANT AGREEMENT page 7 of 7 Res. No. 116-01 ORIGINAL (0 Termination for convenience. Except as provided in 24 CFR 85.43 award may be terminated in whole or in part only as follows: * By the City with the consent of the PVFV in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated, or By the PVFV upon written notification to the City, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if, in the case of a partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the City may terminate the award in its entirety under either paragraph 18(a) or paragraph 18(0(1) of this section. 19. Binding Effect: This Agreement shall be binding upon and shall ensure to the benefit of the parties hereto and their respective heirs and assigns; provided, however, that no assignment shall be effective to relieve a party of any liability under this Agreement unless the other party has consented in writing to the assignment and agreed to the release of such liability. The City and the PVFV hereby acknowledges receipt of a duly executed copy of this Agreement complete with all Exhibits attached hereto. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. PVFV City, of Fayetteville «1 A e ie Highfill, Execut rector Attested By: Dan Coody, May 1i 1 FAYETTEVIQLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • DATE: August 7, 2001 TO: The Mayor and Council FROM: Hugh Earnest Urban Development Director SUBJECT: Sub -recipient Grant Agreement with Project for Victims of Family Violence (PVFV) Background The City of Fayetteville's 2001 Consolidated Action Plan covering the expenditures of $665,000 was submitted to HUD in November 2000. The City Council accepted the block grant by resolution in April of this year. By way of explanation, that action included the $87,500.00 now being formally endorsed for funding. Current Status The council is being asked to approve a sub -recipient grant agreement with the Project for Victims of Family Violence (PVFV) in the amount of $87,500. The project plans and bid packet are in the final stages for bidding the construction of the project. Recommendation The staff recommends approval of this resolution. D C • • COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT PROGRAM LIST South Fayetteville Community $80,000 Development Corp. Quality Life Associates $100,000 Sage House $87,500 Project for Victims of Family Violence $87,500 Sources for Community Independent Living Services $32,000 Fayetteville Boys and Girls Club $16,600 Life Styles $11,000 Administration $1 19,162 Housing $80,838 Public Service $50,400 Taxi Yvonne Richardson Center $665,000 At4 Pro Pro ETERNAL REVD.1UE SE:'NI' 411 District Director Project for Victims cf Family Violence, Inc. PO Box 1923 Fayetteville, FR 72702 Dear Sir or Madam: =ARDENT OF .JRY 1100 Commerce, Callas, TX 75242 Person to Contact: CUSTetER SERVICE DIVISION Telephone Number: (800) 829-1040 Refer Reply to• Mail Code 4940 ai late • June 8, 1998 Mt* 71-0654745 Cur records shag that Project for Victims of Family Violence, Inc. is exempt from Federal Income Tax under section 501(c)(3) of the Internal Revenue Code. This exeh¢htion was granted in August 1988 and remains in full force and effect. Contrib tions to your organization are deductible in the manner and to the extent provided by section 170 of the Code. We have classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Internal Revenue Code. Your organization is described in section 170(b)(1)(A)(vi) of the Code. If gross receipts for your organization reach 525,000 or more, in any one year, the organization will be required to file Form 990, Rea =n of Organization Ereapt from Income Tax. This letter may be used If we may be of further above or write to us at to verify your tax -ext t sttatz:s assistance, please call the telephone number listed the address in the letterhead, Mail Code 4940 aWaL. Sincerely, ia A. S.J*erland Chief, Qiality Review A L of • • COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUB -RECIPIENT GRANT AGREEMENT This Agreement, is entered into on this day of , , between the City of Fayetteville, hereinafter known as the "City", and the Project for Victims of Family Violence hereinafter known as the PVFV an Arkansas non-profit corporation. WHEREAS the City has received funding from the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds from the CDBG Entitlement Cities program established under Title I of the Housing and Community Development Act of 1974, as amended, and the rules, regulations, policy memoranda, and other authority thereunder collectively, the "Act", and administered by the City; WHEREAS the Act contains certain requirements regarding the use of CDBG funds to fulfill a "national objective" as defined in the Act; the national objective to be fulfilled by the PVFV is: Have designed and construct a public shelter for homeless abused persons and children. WHEREAS the Act prohibits discrimination under any program or activity funded with CDBG monies on the basis of race, color, national origin, sex, age or handicap; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the PVFV agree as follows: 1. The City hereby designates and the PVFV hereby agrees to serve as the sub -recipient of the City's CDBG Entitlement Grant and to administer such grant in accordance with this agreement, and the Act. 2. The PVFV certifies that the activities carried out with funds provided under this Agreement will meet the CDBG Program's National Objective. 3. Upon execution of this Agreement, the City agrees to allocate the amount of Eighty - Seven Thousand, Five Hundred Dollars ($87,500.00) from the 2001 CDBG. 4. This Agreement shall begin on the date first written above. 5. Statement of work: Hire an architect to design the building, the City bid the project, and construct a new building, have the old building torn down and removed, with the architect overseeing the entire project. • • SUB -RECIPIENT GRANT AGREEMENT page 2 of 7 6. Other requirements. The PVFV shall provide all additional funding over the amount the City has set aside for the project, which includes architects fees and the construction of the project, to include 15% of the construction cost as a continency. The architect shall be paid directly by the City. The project will not be sent out for bids until all funding for the project has been attained. The construction contract shall be between the City and the General Contractor. No changes to the bid documents are allowed without the express written consent of the City Any authorized changes in the scope of the project shall be funded by the PVFV and deposited into city escrow account. 7. Scope of Services; The PVFV agrees: To provide a shelter for abused persons and children, especially for low income families. (a) Describe Project particulars: The PVFV shall have plans and bid packets assembled for the construction project and have the architect oversee the construction of the project. (b) Describe other responsibilities directly or indirectly related to the project. The PVFV shall be responsible to raise the additional funding required to construct the building. (c) To make available all records for review by the City, and HUD personnel as requested. (d) . To furnish to the City at the completion of the project a summary report on the project and its particulars. (e) To comply with all applicable federal, state, and local laws and regulations pertaining to the performance of the CDBG grant, including but not limited to; * Fair Housing Act (42 U.S.C. 3601-20). * Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and Implementing regulations in 24CFR Part 1, together with section 109 of the Act (see 560.602), prohibit discrimination in any program or activity funded in whole or in part with funds made available under this part. * 24 CFR Part 35 Requirements for Notification, Evaluation and Reduction of Lead-based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance. * 24 CFR Part 39 Energy conservation standards. * 24 CFR Part 570.502 Grant Administration. * 24 CFR Part 570.504 Program Income. * 24 CFR Part 570.604 Environmental Standards. The procedures for carrying out such environmental responsibilities are contained in (24 CFR Part 58). * 24 CFR Part 570.605 Flood Insurance * 24 CFR Part 570.607 Employment & Contracting Opportunities for low income persons. • • SUB -RECIPIENT GRANT AGREEMENT page 3 of 7 * 24 CFR 570.609 Use of Debarred Contractors. * 24 CFR 570.611 Conflict of Interest * 24 CFR 570.614 Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) & Americans With Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) (0 (g) (h) To submit to the City any and all documents demonstrating compliance with all federal, state, and local rules and regulations. Such demonstrations shall be provided at the request of the City. The City's failure to request supporting documentation, however, shall not excuse any failure on the PVFV part to have complied with the applicable federal, state, and local rules and regulations. That all contracts for services, and other procurement for materials, services, or construction shall be carried out in compliance with applicable federal, state, and local rules and regulations. That authorized city, state, and federal officials and representatives will have access to all books, accounts, records, files, and other papers, things or property pertaining to the project in order to make audits, examinations, excerpts and transcripts. 8. Records and Reports: (a) The PVFV shall maintain sufficient records of beneficiary data with regard to the number and demographic character of low to moderate income persons benefitting from the project. Such records will include the following information: * Name, address, phone number. * Age, gender, and race. * Monthly/Annual household income including all household members over 18 years of age. * Disability status. * Single head of household w/children. * Size of household. (b) The PVFV agrees to provide a report regarding the progress status of the project on a quarterly basis during the terms of this agreement. The report will contain the information described in paragraph 8(a) above. After the PVFV takes occupancy of the building they shall submit a quarterly report to the City's Community Development Division containing the information required in paragraph 8a. (c) The PVFV agrees to maintain records and reports related to the project for a period of not less than five years following the term of the Agreement. • • SUB -RECIPIENT GRANT AGREEMENT page 4 of 7 9. For the purposes of this Agreement, the Project Coordinator for the City shall be Don Hancock or his successor. The Project Coordinator for the PVFV shall be Jamie Highfill or her successor. Communications pertaining to this agreement shall be through the respective Project Coordinators for the City and the PVFV. 10. Terms of Performance. (a) The term of performance for this agreement shall expire at the completion of the contract with the general contractor and the close out reports by the architect. If this agreement is terminated or canceled in accordance with the terms, conditions, and procedures of this Agreement, within (30) days after termination of this agreement, the PVFV shall provide and turn over to the City all materials and property, including real property, books, accounts, records, files and other papers, or items pertaining to the proj ect. (b) The City may consider an extension of the term of performance based on justifiable circumstances beyond the control of the PVFV. The PVFV shall make application and submit documentation to the City regarding such circumstances, and a proposal for the new time of constitute an amendment to the agreement. (c) The PVFV shall hold harmless, defend and indemnify the City, HUD and ADFA from any and all claims, actions, suits, charges and judgements whatsoever that arise out of the PVFV performance or nonperformance of the services or subject matter called for in this Agreement. 11. Budget. (a) It is expressly agreed and understood that the total amount to be paid to the PVFV from the 2001 CDBG shall not exceed Eighty -Seven Thousand, Five Hundred Dollars ($87,500.00). (b) The general contractor shall render a request for payment through the architect, to the project coordinator for the City. 12. CDBG Assets. (a) Upon expiration or termination of this agreement, all CDBG funded assets on hand at the time of expiration, and any accounts receivable attributable to the use of CDBG funds, shall revert to the City to be disposed of in accordance of applicable federal rules, laws and regulations governing the disposition of property, assets and equipment purchased with federal funds. • • SUB -RECIPIENT GRANT AGREEMENT page 5 of 7 (b) Any real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 under the PVFV control upon expiration or termination of this agreement shall be used to meet one of the national objectives contained in section 570.208 of the Act for a period of five (5) years after the expiration of the agreement, or for such longer penod of time as determined to be appropriate by the City. (e) In the event that the real property is not used in accordance with paragraph 7, the PVFV shall pay to the City an amount equal to the current market value to the property less any portion of the value attributable to non-CDBG funding sources expended to improve the property. 13. Uniform Administrative Requirements (a) The PVFV shall conform to the requirements of OMB Circular No. A-122, Cost Principals for Non -Profit Organizations. (b) The PVFV shall Conform to the requirements of OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. 14. Program Income: The PVFV agrees that any Program Income as defined by the Act generated by the project and pursuant to this agreement shall be administered as required by the Act and may be expended only upon prior notification and approval of the City. 15. Notices: All notices required or permitted under this agreement shall be submitted in writing to the other party to this agreement, by certified mail, return receipt requested, which notice shall be effective three (3) days after deposit therein addressed to the following: City of Fayetteville PVFV Community Development Division Jamie Highfill Yolanda Fields, PVFV Executive Officer Community Development Coordinator P 0 Box 1932 113 west Mountain St. Fayetteville, AR 72702 Fayetteville, AR 72701 16. Conflict of Interest. The PVFV represents that none of its employees, officers, or directors presently have any interest, either directly or indirectly, which would conflict in any manner with the PVFV's performance or procurement under this Agreement, and that no person having such interest will be appointed or employed by the PVFV. • • SUB -RECIPIENT GRANT AGREEMENT page 6 of 7 17. Tax Exempt Status: Attachment A, attached hereto and made part hereof is a copy of the correspondence from the Internal Revenue Service dated June, 8, 1998 confirming the 501(c)(3) tax exempt status of the PVFV. 18. Suspension and Termination (a) Remedies for noncompliance. In accordance with 24 CFR 85.43 of the Act, if the PVFV materially fails to comply with any term of an award, whether stated in a federal statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the awarding agency may take one or more of the following actions, as appropriate in the circumstances: * Temporarily withhold cash payments pending correction of the deficiency by the PVFV or more severe enforcement action by the City, * Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the project, activity, or action not in compliance * In whole or partly suspend or terminate the current award for the PVFV's project. * Withhold further awards for the project, or * Take other remedies that may be legally available. (b) In taking an enforcement action, the City will provide the PVFV an opportunity for appeal, or other administrative proceeding to which the PVFV is entitled under statute or regulation applicable to the action involved. (c) Costs of the agency resulting from obligations incurred by the PVFV during a suspension or after termination of an award are not allowable unless the City expressly authorizes them in the notice of suspension or termination or subsequently: Other PVFV costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: * The costs result from obligations which were properly incurred by the PVFV before the effective date of suspension or termination, are not m anticipation of it, and, in the case of a termination, are noncancellable, and, * The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. (d) Relationship to debarment and suspension. The enforcement remedies identified m this section, including suspension and termination, do not preclude the PVFV from being subject to "Debarment and Suspension" under E.O. 12549 (see 24 CFR 85.35 of the Act). (e) The City's failure to enforce any term or condition of this Agreement shall not be construed as acceptance of the PVFV non-compliance pursuant to this agreement and the City reserves the right to enforce a finding of non-compliance at any later time during the term of this Agreement. SUB -RECIPIENT GRANT AGREEMENT page 7 of 7 (f) Termination for convenience. Except as provided in 24 CFR 85.43 award may be terminated in whole or in part only as follows: * By the City with the consent of the PVFV in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated, or By the PVFV upon written notification to the City, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if, in the case of a partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the City may terminate the award in its entirety under either paragraph 18(a) or paragraph 18(f)(1) of this section. 19. Binding Effect: This Agreement shall be binding upon and shall ensure to the benefit of the parties hereto and their respective heirs and assigns; provided, however, that no assignment shall be effective to relieve a party of any liability under this Agreement unless the other party has consented in writing to the assignment and agreed to the release of such liability. The City and the PVFV hereby acknowledges receipt of a duly executed copy of this Agreement complete with all Exhibits attached hereto. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. PVFV City of Fayetteville e Highfill, Execu (tj ector Dan Coody, Mayor Attested By: Attested By: FAYETTEVIOLE • THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE DATE: August 7, 2001 TO: The Mayor and Council FROM: Hugh Earnest Urban Development Director SUBJECT: Sub -recipient Grant Agreement with Project for Victims of Family Violence (PVFV) Background The City of Fayetteville's 2001 Consolidated Action Plan covering the expenditures of $665,000 was submitted to HUD in November 2000. The City Council accepted the block grant by resolution in April of this year. By way of explanation, that action included the $87,500.00 now being formally endorsed for funding. Current Status The council is being asked to approve a sub -recipient grant agreement with the Project for Victims of Family Violence (PVFV) in the amount of $87,500. The project plans and bid packet are in the final stages for bidding the construction of the project. Recommendation The staff recommends approval of this resolution.