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HomeMy WebLinkAbout117-01 RESOLUTION• • RESOLUTION NO. 117-01 A RESOLUTION TO APPROVE A SUB -RECIPIENT GRANT AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND THE SOUTH FAYETTEVILLE COMMUNITY DEVELOPMENT CORPORATION IN THE AMOUNT OF $80,000.00 WHEREAS, the City of Fayetteville received $80,000.00 from the U.S. Department of Housing and Development Community Development Block Grant for the South Fayetteville Community Development Corporation to purchase land, remove blight and slum, construct affordable housing and act as a catalyst for economic development and revitalization of South Fayetteville. 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 with South Fayetteville Community Development Corporation in the amount of $80,000.00 attached as Exhibit A and authorizes Mayor Coody to sign such Agreement. PASSED and APPROVED this the 21st day of August, 2001. r.Itfr . : %S 1.! 45 C,, .!' ,' 1' fin 4 By: 2 eather Woodruff, CityClerk APPROVED: By J NAME OF FILE: CROSS REFERENCE: 6 Resolution No. 117-01 • 08/21/01 Resolution No. 117-01 08/21/01 Sub -Recipient Grant Agreement (Community Development Block Grant Program) 08/06/01 Departmental Correspondence to The Mayor and Council from Hugh Earnest, Urban Development Director, regarding South Fayetteville Community Development Corporation (SFCDC) Project Program List Staff Review Form 08/27/01 Departmental Memo to Yolanda Fields, Community Development, from Heather Woodruff, City Clerk NOTES: s . • Res. No. 117-01 A ORIGINAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUB -RECIPIENT GRANT AGREEMENT This Agreement, is entered into on this ail day of, 2001 between the City of Fayetteville, hereinafter known as the "City", and the So th Fayetteville Community Development Corporation hereinafter known as the SFCDC 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 SFCDC is: Removing blight & slum/construct affordable housing", To assist with the removal of blight and slum from the South Fayetteville Community and to construct homes to be sold to low - to -moderate incomes families. To act as a catalyst for economic development and revitalization of South Fayetteville. 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 SFCDC agree as follows: 1. The City hereby designates and the SFCDC 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 SFCDC certifies that the activities carried out with funds provided under this Agreement will meet the CDBG Program's National Objective. 3. Upon execution of the Agreement, the City agrees to allocate the amount of Eighty Thousand Dollars ($80,000.00). 4. This Agreement shall begin on the date first written above. 5. Statement of work: Purchase land, remove bhght & slum, construct affordable housing". To act as a catalyst for economic development and revitalization of South Fayetteville. • • SUB -RECIPIENT GRANT AGREEMENT page2of7 Res. No. 117-01 ORIGINAL 6. Other requirements. Each project shall have a minimum of three bids in writing and sealed. All contractors shall carry general liability insurance. All gas, plumbing, electrical, and heating/ventilation/air conditioning contractors shall be licensed by the State of Arkansas. 7. Scope of Services; The SFCDC agrees: To provide affordable homes to families earning between 50% and 80% of the area median income, adjusted for family size. (a) Describe Project particulars: The SFCDC shall have plans and bid packets assembled for each construction project. Each of the residences will have accessibility for the disabled such as; wheelchair ramps, 36" doorways, installing handrails, grab bars and/or other assisting devices. (b) Describe other responsibilities directly or indirectly related to the project. The SFCDC in cooperation with other agencies will be responsible to advertise and sell the homes to qualified low-income families. (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 each 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. * 24 CFR 570.609 Use of Debarred Contractors. * 24 CFR 570.611 Conflict of Interest SUB -RECIPIENT GRANT AGREEMENT page 3 of 7 Res. No. 117-01 � P"!MMA 1 * 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 SFCDC 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. Records and Reports: (a) The SFCDC 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 SFCDC 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 7(a) above. (c) The SFCDC 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. 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 SFCDC shall be Manual Jones or his successor. Communications pertaining to this agreement shall be through the respective Project Coordinators for the City and the SFCDC. • • SUB -RECIPIENT GRANT AGREEMENT page 4 of 7 10. Terms of Performance. Res. No. -17-01 ORIGINAL (a) The term of performance for this agreement shall expire One Year from the day first signed above 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 SFCDC 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 project. (b) The City may consider an extension of the term of performance based on justifiable circumstances beyond the control of the SFCDC. The SFCDC 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 SFCDC 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 SFCDC'S 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 SFCDC shall not exceed Eighty Thousand Dollars ($80,000.00). (b) The SFCDC shall render to the City a Request for Payment along with invoices showing all expenses and the purpose of the expenses. 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 goveming the disposition of property, assets and equipment purchased with federal funds. (b) Any real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 under the SFCDC's 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 appropnate by the City. • • • SUB -RECIPIENT GRANT AGREEMENT page 5 of 7 Res. No. 117-01 ORIGINAL (c) In the event that the real property is not used in accordance with paragraph 10(b) above, the SFCDC 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 acquire or improve the property. 13. Uniform Administrative Requirements (a) The SFCDC shall conform to the requirements of OMB Circular No. A-122, Cost Principals for Non -Profit Organizations. (b) The SFCDC shall Conform to the requirements of OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. 14. Program Income: The SFCDC 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 Community Development Division Yolanda Fields, Community Development Coordinator 113 west Mountain St. Fayetteville, AR 72701 S. Fay. Com. Dev. Corp. Cherry Pearson SFCDC President PO Box 59 Fayetteville, AR 72701 16. Conflict of Interest: The SFCDC 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 SFCDC's performance or procurement under this Agreement, and that no person having such interest will be appointed or employed by the SFCDC. 17. Tax Exempt Status: Attached hereto and made part hereof is a copy of the correspondence from the Internal Revenue Service dated February 2, 2001 confirming the 501(c)(3) tax exempt status of the SFCDC. 18. Suspension and Termination • • SUB -RECIPIENT GRANT AGREEMENT page 6 of 7 Res. No. 117-01 ORIGINAL (a) Remedies for noncompliance. In accordance with 24 CFR 85.43 of the Act, if the SFCDC 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 SFCDC 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 SFCDC'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 SFCDC an opportunity for appeal, or other administrative proceeding to which the SFCDC is entitled under statute or regulation applicable to the action involved. (c) Costs of the agency resulting from obligations incurred by the SFCDC 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 SFCDC 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 SFCDC 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 SFCDC 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 SFCDC 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. (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 SFCDC 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 • SUB -RECIPIENT GRANT AGREEMENT page 7 of 7 Res. No. 117-01 ORIGINAL By the SFCDC's 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 16(a) or paragraph 16(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 SFCDC 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. City of Fayetteville Dan Coody, Mayor nested By: % t. l JAI ; 1 " 4 '17.4v3 • • - Copy - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUB -RECIPIENT GRANT AGREEMENT This Agreement, is entered into on this day of , 2001 between the City of Fayetteville, hereinafter known as the "City", and the South Fayetteville Community Development Corporation hereinafter known as the SFCDC 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 SFCDC is: Removing blight & slum/construct affordable housing", To assist with the removal of blight and slum from the South Fayetteville Community and to construct homes to be sold to low - to -moderate incomes families. To act as a catalyst for economic development and revitalization of South Fayetteville. 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 SFCDC agree as follows: 1. The City hereby designates and the SFCDC 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 SFCDC certifies that the activities carried out with funds provided under this Agreement will meet the CDBG Program's National Objective. 3. Upon execution of the Agreement, the City agrees to allocate the amount of Eighty Thousand Dollars ($80,000.00). 4. This Agreement shall begin on the date first written above. 5. Statement of work: Purchase land, remove blight & slum, construct affordable housing". To act as a catalyst for economic development and revitalization of South Fayetteville. • • • • SUB -RECIPIENT GRANT AGREEMENT page 2 of 7 6. Other requirements. Each project shall have a minimum of three bids in writing and sealed. All contractors shall carry general liability insurance. All gas, plumbing, electrical, and heating/ventilation/air conditioning contractors shall be Licensed by the State of Arkansas. 7. Scope of Services; The SFCDC agrees: To provide affordable homes to families earning between 50% and 80% of the area median income, adjusted for family size. (a) Describe Project particulars: The SFCDC shall have plans and bid packets assembled for each construction project. Each of the residences will have accessibility for the disabled such as; wheelchair ramps, 36" doorways, installing handrails, grab bars and/or other assisting devices. (b) Describe other responsibilities directly or indirectly related to the project. The SFCDC in cooperation with other agencies will be responsible to advertise and sell the homes to qualified low-income families. (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 each 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 carrymg 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. * 24 CFR 570.609 Use of Debarred Contractors. * 24 CFR 570.611 Conflict of Interest • • SUB -RECIPIENT GRANT AGREEMENT page 3 of 7 * 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 SFCDC 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 SFCDC 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 SFCDC agrees to provide a report regarding the progress status of the project on a quarterly basis during the terns of this agreement. The report will contain the information described in paragraph 7(a) above. (c) The SFCDC 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. 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 SFCDC shall be Manual Jones or his successor. Communications pertaining to this agreement shall be through the respective Project Coordinators for the City and the SFCDC. SUB -RECIPIENT GRANT AGREEMENT page 4 of 7 10. Terms of Performance. (a) The term of performance for this agreement shall expire One Year from the day first signed above. 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 SFCDC 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 project. (b) The City may consider an extension of the term of performance based on justifiable circumstances beyond the control of the SFCDC. The SFCDC 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 SFCDC 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 SFCDC'S 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 SFCDC shall not exceed Eighty Thousand Dollars ($80,000.00). (b) The SFCDC shall render to the City a Request for Payment along with invoices showing all expenses and the purpose of the expenses. 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. (b) Any real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 under the SFCDC's 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 appropnate by the City. • • • SUB -RECIPIENT GRANT AGREEMENT page 5 of 7 (c) In the event that the real property is not used in accordance with paragraph 10(b) above, the SFCDC 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 acquire or improve the property. 13. Uniform Administrative Requirements (a) The SFCDC shall conform to the requirements of OMB Circular No. A-122, Cost Principals for Non -Profit Organizations. (b) The SFCDC shall Conform to the requirements of OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. 14. Program Income: The SFCDC 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 Community Development Division Yolanda Fields, Community Development Coordinator 113 west Mountain St. Fayetteville, AR 72701 S. Fay. Com. Dev. Corp. Cherry Pearson SFCDC President POBox 59 Fayetteville, AR 72701 16. Conflict of Interest: The SFCDC 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 SFCDC's performance or procurement under this Agreement, and that no person having such interest will be appointed or employed by the SFCDC. 17. Tax Exempt Status: Attached hereto and made part hereof is a copy of the correspondence from the Internal Revenue Service dated February 2, 2001 confirming the 501(c)(3) tax exempt status of the SFCDC. 18. Suspension and Termination • • SUB -RECIPIENT GRANT AGREEMENT page 6 of 7 (a) Remedies for noncompliance. In accordance with 24 CFR 85.43 of the Act, if the SFCDC 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 SFCDC 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 SFCDC'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 SFCDC an opportunity for appeal, or other administrative proceeding to which the SFCDC is entitled under statute or regulation applicable to the action involved. (c) Costs of the agency resulting from obligations incurred by the SFCDC 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 SFCDC 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 SFCDC 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 SFCDC 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 SFCDC non-compliance pursuant to this agreement and the City reserves the right to enforce a finding of non-compliance at any later tune during the term of this Agreement. (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 SFCDC 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 • • SUB -RECIPIENT GRANT AGREEMENT page 7 of 7 By the SFCDC's 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 16(a) or paragraph 16(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 SFCDC 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. City of Fayetteville Dan Coody, Mayor Attested By: FAYETTEVI P LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE DATE: August 6, 2001 TO: The Mayor and Council FROM: Hugh Earnest Urban Development Director SUBJECT: South Fayetteville Community Development Corporation (SFCDC) 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 $80,000.00 now being formally endorsed for funding. Current Status The council is being asked to approve a sub -recipient grant agreement with the South Fayetteville Community Development Corporation board in the amount of $80,000. The monies are to be used in the acquisition of land, demolition work and the construction of affordable housing in South Fayetteville. The services provided by this organization involve affordable housing for low income families. It is the intent of the SFCDC to use the money for the purchase of properties on which new homes will be constructed . The Bank of Fayetteville is assisting in the construction costs by providing budget loans and lines of credit. Recommendation The staff recommends approval of this resolution. • • 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 $119,162 Housing $80,838 Public Service $50,400 Taxi Yvonne Richardson Center $665,000 • AGENDA REQUEST $X CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM For the Fayetteville City Council meeting of FROM: Yolanda Fields Name Community Development Urban Development Division Department ACTION REQUIRED: Approval of this sub -recipient grant agreement with the South Fayetteville Community Development Corporation. COST TO CITY: $80,000.00 $80,000.00 SFCDC Cost of this Request Category/Project Budget Category/Project Name 2180-4940-5390-32 $-0- Housing Rehab. Account Number Project Number Funds Used To Date Program Name $80,.000.00 Comm. Dev. Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: ACC nt}ng Ma€ ger CiV A torne Date Internal Auditor Date Date ADA Coordinator Date got -01 Purchasing Officer Date Grants Coordinator Date STAFF of ATION: Approval of the sub -recipient grant agreement and the release Divi i ead Depa ent Director 0/ Date Cross Reference 3-0'0/ Date Administrative Services Director Date Mayor Date 1 New Item: No Prey Ord/Res #'55-01 Orig Contract Date: April 17, 2001 • • STAFF REVIEW FORM • Description: Approval of the sub -recipient grant agreement Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager Internal Auditor ADA Coordinator Grants Coordinator 2 Meeting Date Reference Comments: