HomeMy WebLinkAbout87-01 RESOLUTION• •
RESOLUTION NO. 87-01
A RESOLUTION APPROVING A SUB -RECIPIENT GRANT
AGREEMENT BETWEEN THE CITY OF FAYE I I EVILLE AND
THE FAYETTEVILLE BOYS AND GIRLS CLUB FOR THE
PURPOSE OF PROVIDING AFTER-SCHOOL PROGRAMS AT
JEFFERSON ELEMENTARY SCHOOL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS
Section 1. That the City Council hereby Approves a Sub -Recipient Grant
Agreement between the City of Fayetteville and the Fayetteville Boys and Girls
Club for the purpose of providing an after-school program at Jefferson
Elementary School. A copy of the agreement is attached hereto marked Exhibit
"A" and made a part hereof.
Section 2. That the City Council authorizes the Mayor to sign said Sub -
Recipient Grant Agreement with the Fayetteville Boys and Girls Club.
PASSED AND APPROVED this /f day of June, 2001.
ATTEST: &tit/IV/el,Hedruff, City Clerk
APPROVED:
By
AN COODY, Mayor
• 11 EXHIBIT A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUB -RECIPIENT GRANT AGREEMENT
This Agreement, entered into on this /9 14, of �IYAIE 2001, between the City of
Fayetteville, Arkansas, hereinafter known as the "City", and Fayetteville Youth Center d.b.a.
Fayetteville Boys & Girls Club, hereinafter known as "FBGC" an Arkansas non-profit
corporation.
WHEREAS the City has received funding from the U.S. Department of Housing and Urban
Development (HUD) for 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 FBGC is:
Provide programs for at -risk youths and academic performance (homework support
tutoring).
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 FBGC agree as follows;
1. Sub -recipient Designation and Administration of Grant. The City hereby designates and the
FBGC 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. Upon execution of the Agreement, the City agrees to allocate Sixteen Thousand, Six
Hundred Forty Dollars $16,640.00 to provide programming that gives at -risk youths,
skills to be successful in life.
3. This Agreement shall begin on May 1, 2001.
4. Statement of services: Provide programs to at -risk youths 5 days a week.
5. Other requirements. Provide the services to students of Jefferson Elementary School,
which is located in the City's identified low income area.
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6. Scope of Services, the FBGC agrees to: Provide programs to at -risk youths, programs
include but not limited to; Provision for a safe environment, Provision for numerous
programs to develop leadership/ life skills and assist with academic performance
(homework support tutoring), Provision of adult role model for youth development of
various sport skills and recreational activity appreciation, Provision of programs to aid
in making good choices and educate about lifestyle risk.
(a) Describe the project particulars: Programs to develop leadership/life skills and assist with
academic performance. Programs to aid in making good choices and educate about
lifestyle risk.
(b) Describe other responsibilities directly or indirectly related to the project. Provide feedback
from the parents of students involved in the programs.
(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 programs, a summary report on the programs
and the particulars.
(e) To comply with all applicable federal, sate, and local laws and regulations pertaining to the
performance of the CDBG grant, including but not limited to;
* Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and Implementing
regulations in 24 CFR 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 570.502 Grant Administration.
* 24 CFR Part 570.607 Employment & Contracting Opportunities for low income persons.
* 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 FBGC part to have complied with the applicable federal, state, and local
rules and regulations.
(g) That all contracts for services and procurement for materials shall be carried out in
compliance with applicable federal, state, and local rules and regulations.
(h) That authorized city, state, and federal officials and representatives will have access to all
books, accounts, records, files, and other papers, items or property pertaining to the project
in order to make audits, examinations, excerpts and transcripts.
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7. Records and Reports
(a) The FBGC shall maintain sufficient records of beneficiary data with regard to the number
and demographic character of low to moderate income persons benefitting from the
programs. Such records will include the following information:
* Name, address, phone number.
* Age, gender, and race (this information is voluntary for the program beneficiary).
* 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 FBGC agrees to provide a report regarding the progress status of the project on a
quarterly basis during the term of the agreement. The report will contain the information
described in paragraph 7(a) above The report will contain other information relevant to the
type of project such as• a brief description of the program(s) and how many youths /
adults participated.
(c) The FBGC 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.
8. Designation of Project Coordinator. For the purposes of this Agreement, the Project
Coordinator for the City shall be Yolanda Fields Community Development Coordinator or her
successor. The Project Coordinator for the FBGC shall be John Benberg, Executive
Director or his successor. Communications pertaining to this agreement shall be through the
respective Project Coordinators for the City and the FBGC.
9. Terms of Performance.
(a) The term of performance for this agreement shall be one (1) year from the date first written
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
FBGC 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 FBGC. The FBGC 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.
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10. 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.
11. Uniform Administrative Requirements
(a) The FBGC shall conform to the requirements of OMB Circular No. A -I22, Cost Principals
for Non -Profit Organizations.
(b) The FBGC shall Conform to the requirements of OMB Circular No. A-133, Audits of
States, Local Governments, and Non -Profit Organizations.
12. Program Income: The FBGC 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.
13. 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 Fayetteville Boys & Girls Club
Yolanda Fields John Benberg
Community Development Coordinator Executive Director
113 W. Mountain St. 915 California Blvd.
Fayetteville, AR 72701 Fayetteville, Arkansas 72701
14. Conflict of Interest: The FBGC represents that none of its employees, officers, or directors
presently have any interest, either direct or indirect, which would conflict in any manner with
FBGC's performance or procurement under this Agreement, and that no person having such
interest will be appointed or employed by the FBGC.
15. Tax Exempt Status: Attached hereto as Exhibit C by this reference and made part hereof is a
copy of correspondence from the Internal Revenue Service dated August 23, 1996
confirming the 501(c)(3) tax exempt status of the FBGC.
16. Suspension and Termination
(a) Remedies for noncompliance. In accordance with 24 CFR 85.43 of the Act, if the FBGC
materially fails to comply with any term of an award, whether stated in a Federal statute or
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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 FBGC 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 FBGC 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 FBGC an opportunity for appeal,
or other administrative proceedings to which the FBGC is entitled under statute or regulation
applicable to the action involved
(c) Costs of the FBGC resulting from obligations incurred by the FBGC 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 FBGC 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 FBGC 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 FBGC 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 FBGC 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 FBGC 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 FBGC 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
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made, the City may terminate the award in its entirety under either paragraph 16(a) or
paragraph 16(f)(1) of this section.
17. 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 FBGC hereby acknowledge 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.
Fayetteville Boys & Girls Club
5; 4,A.
Attested'y:
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City Fayetteville
-/(4 (,ectrier
enberg, Executivtpirector Dan Coody, Mayor
Attested By:
•
NAME OF FILE. Resolution No. 87-01
CROSS REFERENCE: Resolution No. 55-01
06/19/01
Resolution No. 87-01
06/19/01
Exhibit "A" (Sub -Recipient Grant Agreement/Community Development
Block Grant Program)
08/19/96
Copy of a letter from Internal Revenue Service regarding Fayetteville
Youth Center, Inc.
05/31/01
Departmental Correspondence to Dan Coody, Mayor, thru Yolanda
Fields, Com. Dev. Coord., from Don Hancock, Housing Rehabilitation
Specialist, regarding Sub -Recipient Grant Agreement
04/17/01
Resolution No. 55-01 (cross reference)
06/19/01
Staff Review Form
06/21/01
Departmental Correspondence to Yolanda Fields, Community
Development, from Heather Woodruff, City Clerk
NOTES:
04/24/2001 11:29 501442619
Internal Revenue Service
•
D
District
Director
Baltimore District
FAYETTEVILLE YOUTH CENTER INC.
915 CALIFORNIA DRIVE
FAYETTEVILLE, AR 72701-4913-150
Dear Sir/Madam:
FBGC
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PAGE 02
Department of the Treasury
31 Hookins Plaza, Baltimore, Md. 21207
Person to Contact:
EP/ED Tax Examiner
Telephone Number:
(410) 962-6058
Refer Reply to:
EP/EO:CSU
Room 817
Date: AUGUST 19, 1996
This is in response to your inquiry dated 05/23/96
copy of the letter which granted tax exempt status to the above enamed
ing a
organization.
our records show that the organization was granted exemption from Federal
Income Tax under section S01(c)(7) of the Internal Revenue Code
effective September, 1952 We have also determined that the organization
is not a private foundation because it is described in section(s)
509(a)(1) and 170(b)(1)(A)(vi).
Donors may deduct contributions to you under section 170 of the Code.
As of January 1, 1984, you are liable for taxes under the Federal Insurance
Contributions Act (social security taxes) on remuneration of $100 or more you
pay to each of your employees during a calendar year. You are not liable for
the tax imposed under the Federal Unemployment Tax Act (FUTA).
You are required to file Form 990, Return of Organization Exempt From Income
Tax, only if your gross receipts each year are normally more than $25,000.
However, if you receive a Form 990 package in the mail, please file the return
even if you do not exceed the gross receipts test. If you are not required to
file, simply attach the label provided, check the box in the heading to
indicate that your annual gross receipts are normally $25,000 or less, and
sign the return.
This letter may be used to verify your tax-exempt status.
Sincerely yours,
Paul H. Harrington
District Director
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F
FAYETTEVIQLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
TO: Dan Coody, Mayor
THRU: Yolanda Fields, Community Development Coordinator
FROM: Don Hancock, Housing Rehabilitation Specialist
DATE. May 31, 2001
SUBJECT: Sub -recipient Grant Agreement
Recommend approval of the Sub -recipient Grant Agreement between the City of
Fayetteville and the Fayetteville Boys & Girls Club, for the purpose of having after school
programs at the Jefferson Elementary School.
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RESOLUTION NO, 55-01
A RESOLUTION TO ACCEPT THE
2001 COMMUNITY DEVELOPMENT
BLOCK GRANT IN THE AMOUNT
OF $665,000.00
WHEREAS, The City of Fayetteville has received Community
Development Block Grants as an Entitlement City since 1974; and
WHEREAS, The City of Fayetteville has been able to use these
Community Development Block Grants for numerous beneficial community
projects throughout Fayetteville; and
WHEREAS, The City of Fayetteville has been awarded $665,000.00 in
Community Development Block Grant funds for 2001.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. The City Council hereby approves the U.S. Department of
Housing and Urban Development Funding Approval Agreement and authorizes
the Mayor to sign said Agreement and to accept the $665,000.00 Community
Development Block Grant.
L. r gOSED AND APPROVED this /7 day of April, 2001.
A i- k �. C.
~% r • I; APPROVED:
vii: ' By
4
A(rad •
By:
eather Woodruff, City Clerk
DAN COODY, May
el AGENDA REQUEST
XX CONTRACT REVIEW
GRANT REVIEW
• •
STAFF REVIEW FORM
For the Fayetteville City Council meeting of 5Ovt.2 `e toot
FROM:
Yolanda Fields
Name
Community Development Urban Development
Division Department
ACTION REQUIRED:
Approval of this sub -recipient grant agreement to Fayetteville Boys & Girls Club,
for programs at Jefferson Elementary.
COST TO CITY:
$16,640.00
Cost of this Request
$16,640.00 FBGC
Category/Project Category/Project Name
2180-4970-5390-04 -0- Public Facilities
Account Number
Project Number
Funds Used To Date Program Name
Community Dev.
Remaining Balance Fund
BUD ET REVIEW:
Budgeted Item Budget Adjustment Attached
Budget Manager Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Accounting Manager
C:>: 1
City attorney Date ADA Coordinator
61816,
GRANTING AGENCY:
4041 lccrY1, o , 41,240(
Date Internal uditor Date
Purchasing Officer
Date
Date
Grants Coordinator Date
STAFF RECOMMENDATION: Approval of the sub -recipient grant agreement and the release
of f d
D
A
iv s
-•ar-nt Di ector
Adm
strat'v' Servi s Director
Mayor
Date
lit/19/
/'�
Date
/ate° /
at
1
Cross Reference
New Item: No
Prev Ord/Res #:55-01
Orig Contract Date:April 17, 2001
STAFF REVIEW FORM
Description Approval of the sub -recipient grant agreement. Meeting Date
Comments: Reference Comments:
Budget Manager
Accounting Manager
City Attorney
IBr
aaG yeig
Purchasing Manager
Internal Auditor
ADA Coordinator
Grants Coordinator
FAYETTEVILLE
THE CITY OF FAYETTEVIU.E, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Yolanda Fields, Community Development
From: Heather Woodruff, City Clerk
Date: June 21, 2001
Attached is a copy of the resolution approving the sub -recipient grant agreement with the
Fayetteville Boys and Girls Club for programs at Jefferson Elementary School.
cc: Nancy Smith, Internal Audit
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