HomeMy WebLinkAbout88-01 RESOLUTIONRESOLUTION NO. 88-01
A RESOLUTION APPROVING A SUB -RECIPIENT GRANT
AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND
LIFE STYLES INCORPORATED FOR THE PURPOSE OF
INSTALLING AN EMERGENCY ALARM SYSTEM, UPGRADING
AN EXISTING ALARM SYSTEM AND RENOVATING TWO
BATHROOMS TO IMPROVE ACCESSIBILITY.
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 Life Styles Incorporated for the
purpose of installing an emergency alarm system, upgrading an existing alarm
system and renovating two bathrooms to improve accessibility. 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 Life Styles Incorporated.
PASSED AND APPROVED this /%t4day of June, 2001.
ATTEST:
BY:
fiaWoodruff, City Clerk
APPROVED:
By
• •
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUB -RECIPIENT GRANT AGREEMENT
This Agreement, is entered into on this /0 day,
2001, between the City of
Fayetteville, Arkansas, hereinafter known as the "City' , and Life Styles, Incorporated
hereinafter known as "Life Styles" an Arkansas non-profit corporation.
WHEREAS the City has applied to 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 authonty 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 Life
Styles is: Improvements for developmental disabled individuals.
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 Life Styles agree as follows;
1. The City hereby designates and Life Styles 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. Life Styles 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 Eleven Thousand,
Seventy -Seven Dollars $11,077.00 to provide improvements at the Life Styles
Complex. Funds shall be distributed on a monthly basis. Expenditure reports shall
be submitted to the Community Development Office within ten (10) days from the
end of the of quarter.
4. This Agreement shall begin on the first day written above.
5. Statement of work: Install an emergency alarm system. Upgrade the existing alarm
system. Renovate two bathrooms.
Page 1 of 6
• •
6. Other requirements. Life Styles staff shall write the bid specifications for each of the
bathroom rehabilitation projects. These two projects shall have a minimum of three
bids in writing. All contractors shall carry general liability insurance. All electrical
and plumbing contractors shall be licensed by the State of Arkansas.
7. Scope of Services, Life Styles agrees to• Have an alarm system installed in the three
duplexes that were purchased, upgrade the existing alarm system and to renovate
two bathrooms making both of them more accessible.
(a) Describe the project particulars: The alarm system will allow 22 residents to call the
staff if an emergency occurs. Renovating the two bathrooms will provide improved
accessability for two of the residents.
(b) Describe other responsibilities directly or indirectly related to the project. At the
completion of each project, provide to the City a copy of all documents for each
project. Once a contractor is selected and hired provide a copy of the contractors
insurance.
(c) To make available all records for review by the City, and HUD personnel as requested.
(d) To furnish to the City: A summary report on each project and its particulars at the
completion of each project.
(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;
* 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 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 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)
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 Life Styles part to have complied with the applicable federal, state,
and local rules and regulations.
(f)
Page 2 of 6
(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.
8. Records and Reports
(a) Life Styles shall maintain sufficient records of beneficiary data with regard to the number
of low -to -moderate income persons benefitting from the projects. Such records will
include as a minimum the following information;
* Age, gender, and race.
* Monthly/Annual income.
(b)
Life Styles agrees to provide a report at the completion of each of the three projects.
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 description of the
work that was performed at each residence.
(c) Life Styles 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„urposes of this Agreement, the Project Coordinator for the City shall
Q his successor The Project Coordinator for Life Styles shall be Kare
Takemoto or her successor. Communications pertaining to this agreement shall be
through the respective Project Coordinators for the City and Life Styles.
10. Terms of Performance:
(a) The term of performance for this agreement shall expire December 31, 2001. 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, Life
Styles shall provide and turn over to the City all materials, 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 Life Styles. Life Styles 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.
Page 3 of 6
• •
(c) Life Styles shall hold harmless, defend and indemnify the City from any and all claims,
actions, suits, charges and judgements whatsoever that arise out of Life Styles
performance or nonperformance of the services or subject matter called for in this
11. Budget.
(a) It is expressly agreed and understood that the total amount to be paid to Life Styles shall
not exceed Eleven Thousand, Seventy -Seven Dollars $11,077.00.
(b)
Life Styles shall render to the City a Request for Payment at the end of each quarter.
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 with applicable federal rules, laws
and regulations governing the disposition of property, assets and equipment purchased
with federal funds.
13. Uniform Administrative Requirements
(a) Life Styles shall conform to the requirements of OMB Circular No. A-122, Cost
Principals for Non -Profit Organizations.
(b)
Life Styles shall Conform to the requirements of OMB Circular No. A-133, Audits of
States, Local Governments, and Non -Profit Organizations.
14. Program Income: Life Styles 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 Life Styles
Yolanda Fields Carol Hart
Community Development Coordinator Executive Director
113 W. Mountain St. 2471 W. Sycamore
Fayetteville, AR 72701 Fayetteville, Arkansas 72703
Page 4 of 6
•
• •
16. Conflict of Interest Life Styles represents that none of its employees, officers, or
directors presently have any interest, either direct or indirect, which would conflict in any
manner with Life Styles performance or procurement under this Agreement, and that no
person having such interest will be appointed or employed by Life Styles.
17. 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 15, 1996,
confirming the 501(c)(3) tax exempt status of Life Styles.
18. Suspension and Termination
(a) Remedies for noncompliance In accordance with 24 CFR 85.43 of the Act, if Life Styles
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:
* Temporanly withhold cash payments pending correction of the deficiency by Life Styles
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 Life Styles 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 Life Styles an opportunity for
appeal, or other administrative proceedings to which Life Styles is entitled under statute
or regulation applicable to the action involved.
(c) Costs of the Life Style resulting from obligations incurred by Life Styles 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 Life
Styles 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 Life Styles 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 Life Styles from being
subject to "Debarment and Suspension" under E.O. 12549 (see 24 CFR 85.35 of the Act).
Page 5 of 6
(e) The City's failure to enforce any term or condition of this Agreement shall not be
construed as acceptance of Life Styles non-compliance pursuant to this agreement and the
City reserves the right to enforce a finding of non-compliance at any later time dunng 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 Life Styles 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 Life Styles 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) 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 Life Styles 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.
Life Styles Incorporated City o ayetteville
4iw
I
arol Hart, Exeg.itive Director
Attested By:
Page 6 of 6
Dan Coody, Mayor
1�� LCCr
A ested B1y:
NAME OF FILE• Resolution No. 88-01
CROSS REFERENCE: Resolution No. 55-01
06/19/01
Resolution No. 88-01
06/19/01
Exhibit "A" (Community Development Block Grant Program Sub -
Recipient Grant Agreement)
08/15/96
Fax from Todd Cole, ED Specialist of the Internal Revenue Service
Department of the Treasury to Life Style, Inc. regarding being exempt
from Federal Income Tax
04/17/01
Copy of Resolution No. 55-01 (cross reference)
05/31/01
Departmental Correspondence to Dan Coody, Mayor, thru Yolanda
Fields, Community Development Coordinator, from Don Hancock,
Housing Rehabilitation Specialist, regarding Sub -Recipient Grant
Agreement
06/19/01
Staff Review Form
06/21/01
Departmental Correspondence to Yolanda Fields, Community
Development, from Heather Woodruff, City Clerk
NOTES:
• •
RESOLUTION NO. 88-01
A RESOLUTION APPROVING A SUB -RECIPIENT GRANT
AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND
LIFE STYLES INCORPORATED FOR THE PURPOSE OF
INSTALLING AN EMERGENCY ALARM SYSTEM, UPGRADING
AN EXISTING ALARM SYSTEM AND RENOVATING TWO
BATHROOMS TO IMPROVE ACCESSIBILITY.
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 Life Styles Incorporated for the
purpose of installing an emergency alarm system, upgrading an existing alarm
system and renovating two bathrooms to improve accessibility. 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 Life Styles Incorporated.
PASSED AND APPROVED this /9 day of June, 2001.
ATTEST:
By:
ea her Woodruff, City Clerk
APPROVED:
By:
STAFF REVIEW FORM
AGENDA REQUEST
Xx CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of
3wte 19 Zoe l
FROM:
Yolanda Fields
Name
Community Development
Division
Urban Development
Department
ACTION REQUIRED:
Approval of this sub -recipient grant agreement to Life Styles Incorporated.
COST TO CITY:
$11,077.00
Cost of this Request
2180-4940-5390-34
Account Number
Project Number
$11,077.00
Category/Project Budget
$-0-
Funds Used To Date
$ 011,00
Remaining Balance
Life Styles Inc.
Category/Project Name
Housing Rehab
Program Name
Comm. Dev.
Fund
B
GE
REVIEW:
BSdget Manager
Budgeted Item
Budget Adjustment Attached
Administrative Services Director
CO/NNTRAA�CT/GRANT/LEASE
Sia
Accounting Manager�7c
REVIEW:
City ttorney
A) ULU
Purchasing Officer
440
Date
Date
GRANTING _AGENCY :
SIMS" 444)
Internal Auditor
ADA Coordinator
Grants Coordinator
Date
Date
Date
STAFF C•' I •ATION:
of un:/
%I.
Di is
s`en Director
; ,_/_, IF
Approval of the
dmitrative Services Director
Mayor
Date
G• l7.-0/
Date
/a -o/
Date
sub -recipient grant agreement and the release
1
Cross Reference
New Item: No
Prev Ord/Res #:55-01
Orig Contract Date: April 17, 2001
•
0 0
STAFF REVIEW FORM
Description. Approval of the sub -recipient grant agreement
Comments:
Budget Manager
Accounting Manager
City Attorney
i /x meeuP errt ti•
441;24 di
Purchasing Manager
Internal Auditor
ADA Coordinator
Grants Coordinator
2
Meeting Date
Reference Comments:
FAYETTEVIPLE •
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 Life Styles Incorporated, for the purpose of installing an emergency alarm system,
upgrading the current alarm system, and remodeling two bathrooms.
•
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.
y fijitSSED AND APPROVED this /7 day of April, 2001.
• tele.
Afl T
By: €[�,. //.��,�i,
eather Woodruff, City Clerk
APPROVED:
By:
ENT BY: IRS SPB; 8-15-96 2:50PM; 2147671869 =>
•
5015824437; #1/1
S{�c,cg7.Ljq
•1t11ERIpli. RE MIME SI RUICE IMEPAR11111011 Or THE TREMOR?
District Director 1100 Commerce St.. Dallas, TX 7524Z
Life Style Inc
Box 1114
Fayetteville AR 7270Z
Dear Sir:
Person to Contact:
Todd Cole
Telephone Number:
i214) 767-6023 •
Refer Reply to:
Mailcode 4940 DAL
Date:
(ivaast 15, 1995
LIN:
71-0470300
Our records show ihwt life Style Incorporated is exempt from Federal Income
Tax under section S01(c)(3) of the Internal Revenue Code. This exemption was
granted December 1975 and romains in full force and effect. Contributions to
your organization are deductible in the manner and to the extent provided by
neutionn 170 of the code.
We have classified your organization es one that 15 not a private founda-
tion within the meaning of section 509(a) of the Internal Revenue Code
because you are an organization described in sectlon.509(a)(1).
If we may be of Further assistance, please contact tho person whose name and
telaphon:+ number aro shown above.
Sincerely.,
ter.- - /
Todd Cole
EO Specialist
e
• •
EXHIBIT A
A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUB -RECIPIENT GRANT AGREEMENT
This Agreement, is entered into on this r day�fllxC , 2001, between the City of
Fayetteville, Arkansas, hereinafter known as the "City", and Life Styles, Incorporated
hereinafter known as "Life Styles" an Arkansas non-profit corporation.
WHEREAS the City has applied to 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 Life
Styles is: Improvements for developmental disabled individuals.
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 Life Styles agree as follows;
1. The City hereby designates and Life Styles 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. Life Styles 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 Eleven Thousand,
Seventy -Seven Dollars 511,077.00 to provide improvements at the Life Styles
Complex. Funds shall be distributed on a monthly basis. Expenditure reports shall
be submitted to the Community Development Office within ten (10) days from the
end of the of quarter.
4. This Agreement shall begin on the first day written above.
5. Statement of work: Install an emergency alarm system. Upgrade the existing alarm
system. Renovate two bathrooms.
Page 1 of 6
m
2
0o
• •
6. Other requirements. Life Styles staff shall write the bid specifications for each of the
bathroom rehabilitation projects. These two projects shall have a minimum of three
bids in writing. All contractors shall carry general liability insurance. All electrical
and plumbing contractors shall be licensed by the State of Arkansas.
7. Scope of Services, Life Styles agrees to: Have an alarm system installed in the three
duplexes that were purchased, upgrade the existing alarm system and to renovate
two bathrooms making both of them more accessible.
(a) Describe the project particulars: The alarm system will allow 22 residents to call the
staff if an emergency occurs. Renovating the two bathrooms will provide improved
accessability for two of the residents.
(b) Describe other responsibilities directly or indirectly related to the project. At the
completion of each project, provide to the City a copy of all documents for each
project. Once a contractor is selected and hired provide a copy of the contractors
insurance.
(c) To make available all records for review by the City, and HUD personnel as requested.
(d) To furnish to the City: A summary report on each project and its particulars at the
completion of each project.
(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;
* 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 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 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)
(f)
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 Life Styles part to have complied with the applicable federal, state,
and local rules and regulations.
Page 2 of 6
(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 transcnpts.
8. Records and Reports
(a) Life Styles shall maintain sufficient records of beneficiary data with regard to the number
of low -to -moderate income persons benefitting from the projects. Such records will
include as a minimum the following information;
* Age, gender, and race.
* Monthly/Annual income.
(b)
Life Styles agrees to provide a report at the completion of each of the three projects.
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 description of the
work that was performed at each residence.
(c) Life Styles 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 beLDon.
I3ancock4 his successor. The Project Coordinator for Life Styles shall be Karen'`
Takemoto or her successor. Communications pertaining to this agreement shall be
through the respective Project Coordinators for the City and Life Styles.
10. Terms of Performance:
(a) The term of performance for this agreement shall expire December 31, 2001. 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, Life
Styles shall provide and turn over to the City all materials, 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 Life Styles. Life Styles 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.
Page 3 of 6
• •
(c) Life Styles shall hold harmless, defend and indemnify the City from any and all claims,
actions, suits, charges and judgements whatsoever that arise out of Life Styles
performance or nonperformance of the services or subject matter called for in this
11. Budget.
(a) It is expressly agreed and understood that the total amount to be paid to Life Styles shall
not exceed Eleven Thousand, Seventy -Seven Dollars $11,077.00.
(b)
Life Styles shall render to the City a Request for Payment at the end of each quarter.
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 with applicable federal rules, laws
and regulations govermng the disposition of property, assets and equipment purchased
with federal funds.
13. Uniform Administrative Requirements
(a) Life Styles shall conform to the requirements of OMB Circular No. A-122, Cost
Principals for Non -Profit Organizations.
(b) Life Styles shall Conform to the requirements of OMB Circular No. A-133, Audits of
States, Local Governments, and Non -Profit Organizations.
14. Program Income: Life Styles 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 Life Styles
Yolanda Fields Carol Hart
Community Development Coordinator Executive Director
113 W. Mountain St. 2471 W. Sycamore
Fayetteville, AR 72701 Fayetteville, Arkansas 72703
Page 4 of 6
• •
16. Conflict of Interest: Life Styles represents that none of its employees, officers, or
directors presently have any interest, either direct or indirect, which would conflict in any
manner with Life Styles performance or procurement under this Agreement, and that no
person having such interest will be appointed or employed by Life Styles.
17. 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 15, 1996,
confirming the 501(c)(3) tax exempt status of Life Styles.
18. Suspension and Termination
(a) Remedies for noncompliance. In accordance with 24 CFR 85.43 of the Act, if Life Styles
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 Life Styles
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 Life Styles 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 Life Styles an opportunity for
appeal, or other administrative proceedings to which Life Styles is entitled under statute
or regulation applicable to the action involved
(c) Costs of the Life Style resulting from obligations incurred by Life Styles 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 Life
Styles 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 Life Styles 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 Life Styles from being
subject to "Debarment and Suspension" under E.O. 12549 (see 24 CFR 85.35 of the Act).
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(e) The City's failure to enforce any term or condition of this Agreement shall not be
construed as acceptance of Life Styles 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
s
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 Life Styles 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 Life Styles 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) 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 Life Styles 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.
Life Styles Incorporaatteed City o Fayetteville
Al . / I ell
Hart, Executive Direct Dan Coody, Mayor ,
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Attested By: