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HomeMy WebLinkAbout89-01 RESOLUTION• • RESOLUTION NO. 89-01 A RESOLUTION APPROVING A SUB -RECIPIENT GRANT AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND SAGE HOUSE INCORPORATED FOR THE PURPOSE OF DESIGNING AND CONSTRUCTING A TRANSITIONAL HOUSING UNIT FOR SINGLE PARENTS WITH LOW TO MODERATE INCOMES 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 Sage House Incorporated for the purpose of designing and constructing a transitional housing unit for single parents with low to moderate incomes. 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 Sage House Incorporated. PASSED AND APPROVED this /1 day of June, 2001. ATTEST: By: fr.44 APPROVED: Woodruff, City Clerk • EXHIBIT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUB -RECIPIENT GRANT AGREEMENT This Agreement, is entered into on this /oday f .t/E , 2001, between the City of Fayetteville, Arkansas, hereinafter known as the "City", and Sage House Incorporated hereinafter known as "Sage House" 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 Sage House is: Design and construct a Transitional Housing Unit for single parents that are low to moderate income. 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 Sage House agrees as follows; 1. The City hereby designates and Sage House 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. Sage House certifies that the activities carried out with funds provided under this Agreement will meet the CDBG Program's National Objective. Upon execution of this agreement, the City agrees to allocate Seventy-five Thousand dollars ($75,000.00) from the year 2000 budget and Eighty-seven Thousand, Five Hundred dollars ($87,500.0) from the year 2001 budget for a total of One Hundred Sixty-two Thousand, Five Hundred Dollars ($162,500.00) for architectural services. 4. This Agreement shall begin on the first day written above. 5. Statement of work: Design, draw, and assemble a bid packet for the Transitional Housing Unit. Page l of 6 Ex rec AF • • 6. Other requirements. The architect shall furnish to the City and Sage House a copy of all drawings, plans, and bid packets for review and after approval and completed. 7. Scope of Services, Sage House agrees to: Have a transitional Housing unit designed by an architect. (a) Describe the project particulars: The plans shall be complete and ready for bids at the completion of this agreement. (b) Describe other responsibilities directly or indirectly related to the project. At the completion of each phase of the design and drawings the architect shall submit a bill directly to the Community Development Division (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 the progress of their budget and fund raisers on a quarterly basis. (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 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 Sage Houses 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. Page 2 of 6 • • 8. Records and Reports (a) Sage House shall maintain sufficient records of beneficiary data with regard to the number of low -to -moderate income persons benefitting from the project. Such records will include as a minimum the following information; * Age, gender, and race. * Monthly/Annual income. * Size of family. (b) Sage House agrees to provide a report on a quarterly basis. The report will contain the information described in paragraph 7(a) above. The report will contain other information relevant to the type of project. (c) Sage House 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 th shall be D n'" ancock or his successor. The Project Coordinator for Sage House shall be Hope Bradbury or her successor. Communications pertaining to this agreement shall be through the respective Project Coordinators for the City and Sage House. 10. Terms of Performance: (a) The term of performance for this agreement shall expire upon completion of the project. 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, Sage House 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 Sage House. Sage House 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) Sage House shall hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgements whatsoever that arise out of Sage Houses 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 the architect for Sage House shall not exceed One Hundred Sixty Two Thousand, Five Hundred Dollars ($162,500.00). Page 3 of 6 • • (b) The architect shall render to the City a Request for Payment at the end of each phase. 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) Sage House shall conform to the requirements of OMB Circular No. A-122, Cost Principals for Non -Profit Organizations. (b) Sage House shall Conform to the requirements of OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. 14. Program Income: Sage House 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 Sage House Yolanda Fields Hope Bradbury Community Development Coordinator President 113 W. Mountain St. 614 East Emma, Suite 401 Fayetteville, AR 72701 Fayetteville, Arkansas 72764 16. Conflict of Interest: Sage House represents that none of its employees, officers, or directors presently have any interest, either direct or indirect, which would conflict in any manner with Sage Houses performance or procurement under this Agreement, and that no person having such interest will be appointed or employed by Sage House. 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 March 18, 1999, confirming the 501(c)(3) tax exempt status of Sage House. Page 4 of 6 • • 18. Suspension and Termination (a) Remedies for noncompliance. In accordance with 24 CFR 85.43 of the Act, if Sage House 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 Sage House 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 Sage Houses 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 Sage House an opportunity for appeal, or other administrative proceedings to which Sage House is entitled under statute or regulation applicable to the action involved. (c) Costs of the Sage House resulting from obligations incurred by Sage House 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 Sage Houses 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 Sage House 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) Relationslup to debarment and suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Sage House from being subject to "Debarment and Suspension" under E.O. 12549 (see 24 CFR 85.35 of the Act). (e) (f) * The City's failure to enforce any term or condition of this Agreement shall not be construed as acceptance of Sage Houses 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. 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 Sage House in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial Page 5 of 6 • • termination, the portion to be terminated, or By Sage House 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 Sage House 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 Sage ouse Incorporated Hope Bradbury, Preside Renee Baker, Accounting Clerk Page 6 of 6 C'ty, f Fayetteville an Coody, Mayor Al 1 EST BY: , %P*74-f eather Woodruff, City Clerk • NAME OF FILE. Resolution No. 89-01 • CROSS REFERENCE: Resolution No. 55-01 06/19/01 Resolution No. 89-01 06/19/01 Exhibit "A" (Sub -Recipient Grant Agreement/Community Development Block Grant Program) 03/18/99 Copy of a letter from Internal Revenue Service regarding Sage House, 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: INTRRFAL REVENUE SERVICE se DISTRICT DIRECTOR P. O. BOR 2508 CINCINNATI, OH 45201 1 Date: MAR 18 1999 SAGE HOUSE INC C/O HOPE BRADBERRY ONE WEST MOUNTAIN ST FAYETTEVILLE, AR 72701 Dear Applicant: • • DEPARTMENT OF THE TREASURY Employer Identification Number: 71-0817776 DLN: 17053055014019 Contact Person: REBECCA S BOWDEN Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Foundation Status Classification: 509(a)(1) Advance Ruling Period Begins: June 24, 1998 Advance Ruling Period Ends: December 31, 2002 Addendum Applies: No ID# 31183 stated indyouri ppllicationyforsrecognitiondofsexemption,3rwephaveideterminl edeyous are exempt from federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3). Because you are a newly created organization, we are not now making a final determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably expect to be a publicly supported organization described in sections 509(a)(1) and 170(b)(1)(A)(vi). Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private foundation. This advance ruling period begins and ends on the dates shown above. Within 90 days after the end of your advance ruling period, you must send us the information needed to determine whether you have met the require- ments of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, we will classi- fy you as a section 509(a)(1) or 509(a)(2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period, we will classify you as a private foundation for future periods. Also, if we classify you as a private foundation, we will treat you as a private foundation from your beginning date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our determination that you are not a private foundation until 90 days after the end of your advance ruling period. If you send us the required information within the 90 days, grantors and contributors may continue to rely on the advance determination until we make a final determination of your foundation status. If we publish a notice in the Internal Revenue Bulletin stating that we fr R 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 64A & e csc /Jc— Recommend approval of the Sub -recipient Grant Agreement between the City of Fayetteville and , for the purpose of Designing a 20,000 square foot Transitional Housing Unit for single parents that are low to moderate income. • • 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. st. rglSED AND APPROVED this /7 day of April, 2001. Cr APPROVED: ATTEST: By: eather Woodruff, City Clerk By: c R • • STAFF REVIEW FORM 'IFAGENDA REQUEST _ CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of S•tR. �� , Zoo t FROM: Yolanda Fields Name Community Development Urban Development Division Department ACTION REQUIRED: Approval of this sub -recipient grant agreement with Sage House Incorporated. COST TO CITY: $162,500.00 $162,500.00 Sage House Inc. Cost of this Request Category/Project Budget Category/Project Name 2180-4990-5390-30 $-0- Capital Projects Account Number Project Number Funds Used To Date Program Name $ S -DO, oo Comm. Dev. Remaining Balance Fund BUDGET RExiEWW: Budgeted Item Budget Adjustment Attached B dge[ Manager Administrative Services Director CONTRACT/G LEASE REVIEW: GRANTING AGENCY: Jecriet-- eulit44240 (7)44.1A Accounting Manager ,/ Date Internaltuditor OA Ci lJ�''t'y pAttorney Date ADA Coordinator Date C -Q 181b Purchasing Officer Date Grants Coordinator Date 9Pia Date ST 0 • 0 1 I4 n Head ✓d/ iliD D Admi rative ervices •'rector A ./, 4 11 el /411 ATION: Approval of the sub -recipient grant agreement and the release ctor 6„, May Date kalw Date b/e-o/ 1 Cross Reference New Item: No Prev Ord/Res #:55-01 Orig Contract Date: April 17, 2001 SL Fo • • STAFF REVIEW FORM Description: Approval of the sub -recipient grant agreement Comments: Budget Manager Accounting Manager City Attorney awaht orl G,tirtu/'e.,cafa- ew �, r .3. Purchasing Manager Internal Auditor ADA Coordinator Grants Coordinator 2 Meeting Date Reference Comments: FAYETTEVItLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Yolanda Fields, Internal Audit From: Heather Woodruff, City Clerk Date: June 21, 2001 Attached is a copy of the resolution approving the sub -recipient grant agreement with Sage House for the design and construction of transitional housing units. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit Me Cii