HomeMy WebLinkAbout53-02 RESOLUTIONRESOLUTION NO. 53-02
A RESOLUTION TO ACCEPT THE 2002 COMMUNITY
DEVELOPMENT BLOCK GRANT IN THE AMOUNT
OF $647,000 00 AND TO APPROVE SUB -RECIPIENT
GRANT AGREEMENTS WITH HABITAT FOR
HUMANITY ($20,000.00); FAYE11EVILLE BOYS AND
GIRLS CLUB, INC.•($30,000 00); AND FAYETTEVILLE
PUBLIC LIBRARY ($13,000 00)
WHEREAS, after two public meetings attended by non-profit
agencies and staff; and after proper public notification and
presentation of the Community Development Program to groups
both in English and Spanish, the Community Development Division
of the City of Fayetteville presented its request for 2002 Community
Development Block Grant funds for the Consolidated Action Plan -
2002.
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 gratefully accepts and thanks the Department of
Housing and Urban Development for the $647,000.00 Community
, Development Block Grant for 2002
Section 2. That the City Council of the City of Fayetteville,
Arkansas hereby approves the following Sub -Recipient Grant
Agreements attached as Exhibits A, B, C, and:
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A. Habitat For Humanity ,
B. Fayetteville Boys and Girls Cub, Inc.
C Fayetteville Public Library
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Res. -53-02
$20,000.00
$30,000.00
$13,000.00
Section 3. That the City Council of the City of Fayetteville,
Arkansas hereby authorizes Mayor Coody to sign each grant
agreement and any other document needed for the 2002 Community
Development Block Grant.
A
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PASSED and APPROVED this the 19th day of March, 2002.
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By:
4
/
eather Woodruff, Ci
Clerk
APPROVED:
By: 1gnri
DAN COODY, Ma
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NAME OF FILE:
CROSS REFERENCE:
Item #
Date
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Resolution No. 53-02
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Document
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1
10/07/02
Amendment #1
NOTES:
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NAME OF FILE:
CROSS REFERENCE:
Resolution No. 53-02
•
03/19/02
Resolution No. 53-02
03/19/02
Community Development Block Grant Program Sub -Recipient Grant
Agreement (Habitat for Humanity)
03/19/02
Community Development Block Grant Program Sub -Recipient Grant
Agreement (Fayetteville Boys & Girls Club)
03/19/02
Community Development Block Grant Program Sub -Recipient Grant
Agreement (Fayetteville Public Library)
01/01/02
Funding Approval/Agreement
11/15/01
Community Development Block Grant Program Consolidated Action
Plan - 2002
02/27/02
Memo to Mayor Coody & City Council from Hugh Earnest, Urban
Development Director
03/19/02
Staff Review Form
03/21/02
Memo to Yolanda Fields, Community Development Manager, from
Heather Woodruff, City Clerk
NOTES:
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUB -RECIPIENT GRANT AGREEMENT
FAYETTEVILLE BOYS & GIRLS CLUB
This Agreement, entered into on this i9t4, of )fd/ezi 2002, between the City of
Fayetteville, Arkansas, hereinafter known as the "City", and Fayetteville Boys & GirLs Chib,
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, pohcy 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 Thirty -Thousand Dollars
($30,000) to provide programming that gives at -risk youths, skills to be successful in life.
3. The funding in this agreement shall begin on the date first written above and expire on
December 31, 2002 .
4. Statement of services: Provide programs to at -risk youths 5 days a week.
5. Other requirements. To furnish to the City on a quarterly basic, a sunmsary report on the
project and its particulars. Quarterly reports (Jan -Mar, Apr -Jun, Jul -Sep, Oct -Dec 2002) are due
within fifteen days after the quarter ends. Failure to provide the required documentation and
information will affect the funding in this agreement and future Request for Funding.
Page 1 of 6
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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 nsk.
(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
(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 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.
Page 2 of 6
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 Manager 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) 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 shallprovide and tum over to the City all materials and property, including 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.
Page 3 of 6
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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 tholes.
11. Uniform Administrative Requirements
(a) The FBGC shall conform to the requirements of OMB Circular No. A-122, 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 pnor 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 Manager 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(cX3) tax exempt status of the FBGC.
Page 4 of 6
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
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 ortegulation
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
Page 5 of 6
(0 Termination for convenience. Except as provided in 24 CFR 85.43 award may be terminated
in whole or in part only as foHows:
• 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, it 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.
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 City of F etteville
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Attested By: Att ed By:
Page 6 of 6
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COMMUNALEVELOPMENT BLOCK GRANALOGRAM 44.5 . 33-0X
SUB -RECIPIENT GRANT AGREEMENT
HABITAT FOR HUMANITY
This Agreement, is entered into on this /9 thy of dp."4 , 2002, between the City of
Fayetteville , hereinafter known as the "City", and Habitat for Humanity of Fayetteville, Alt Inc.
hereinafter known as HFH -F an Arkansas non-profit corporation.
WHEREAS the City has received funding from the U S Department of Housing and Urban
Development (HUD) Conmuuuty Development Block Grant (CDBG) funds from the CDBG
Entitlement Clues program established under Title 1 of the Housing and Community Development
Act of 1974, as amended, and the rules, regulations, policy memoranda, and other authority
thereunder collectively, the "Ad", and administered by the City;
WHEREAS the Act contains certain requirements regarding the use of CDBG funds to fiilfill a
"national objective" as defined in the Act; the national objective to be fulfilled by HFH -F is:
Benefit low -to -moderate -income families, adjusted for family size.
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
HFH -F agree as follows:
1. The City hereby designates and HFH -F 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. HFH -F 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 for HFH -F the amount of
Twenty Thousand Dollars ($20,000.00).
4. This Agreement shall begin on the date first written above.
5. Statement of work: Funds to be used for land acquisition, water/sewer taps, newspaper ads,
and/or environmental assessments performed on land acquired by HFH. Water/Sewer tap
applications shall be completed by the prospective homeowners.
6. Other requirements. To furnish quarterly reports to the Community Development Division.
7. Scope of Services, HFH -F agrees: All services will benefit low-income famihes, adjusted for
flintily size.
Page 1 of 7
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(a) Describe Project particulars: Any land purchased will be used to construct new homes for
low-income families Water and/or sewer taps will be for new homes bemg constructed by
HFH. Newspaper ads required to be published for Environmental Assessments due to land
acquisition.
(b) To make available all records for review by the City, and HUD personnel as requested.
(c) 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 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 hinds 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
• 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)
(d) 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 HFH -F part to have complied with the applicable federal, state, and local rules and
regulations.
(e) That all contracts for services, and other procurement for materials, services, or
construction shall be carried out in comphance 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, things or property pertaining to the project
in order to make audits, examinations, excerpts and transcripts.
Page 2 of 7
8. Records and Reports:
(a) HFH -F 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) HFH -F agrees: To furnish to the City on a quarterly basic, a summary report on the project
and its particulars. Quarterly reports (Jan -Mar, Apr -Jun, Jul -Sep, Oct -Dec 2002) are due
within fifteen days after the quarter ends. Failure to provide the required documentation and
information will affect the funding in this agreement and future Request for Funding. The
report will contain the information described in paragraph 8(a) above. The CDBG funding
reports shall also show:
• Who the fimds were paid to.
• What the funds were used for.
• Where the funds were spent.
• The amotut of the funds expensed.
(c) HFH -F 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 Dan
Hancock or his successor. The Project Coordinator for HFH -F shall be Pasty Brewer or her
successor. Communications pertaining to this agreement shall be through the respective
Project Coordinators for the City and HFH -F.
10. Terms of Performance.
(a) The term of performance for this agreement shall expire December 31, 2002. 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, HFH -F 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 HFH -F. HFH -F shall make application and submit
documentation to the City regamlmg such circumstances, and a proposal for the new time of
constitute an amendment to the agreement.
Page 3 of 7
(c) HFH -F shall hold harmless, defend and indemnify the City from any and all claims, actions,
sults, charges and judgements whatsoever that arise out of HFH -F 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 for HFH -F shall not
exceed Twenty Thousand Dollars (520,000.00).
(b) HFH -F shall render to the Community Development Division a Request to pay a vendor for
services performed or land acquired as needed.
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 HFH -F 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 bnger period of tint as
determined to be appropriate by the City.
(c) In the event that the real property is not used in accordance with paragraph 10(b) above,
HFH -F 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 fimdkig sources expended to acquire or
improve the property.
13. Uniform Administrative Requirements
(a) HFH -F shall conform to the requirements of OMB Circular No. A-122, Cost Principals for
Non -Profit Organizations.
(b) HFH -F shall Conform to the requirements of OMB Circular No. A-133, Audits of States,
Local Governments, and Non -Profit Organizations.
14. Program Income: HFH -F agrees that any Prograrn Income as defined by the Act generated by
the project and pursuant to this agreement shall be achtunistered as required by the Act and
may be expended only upon prior notification and approval of the City.
Page 4 of 7
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 Habitat for Humanity of Fayetteville, AR
Community Development Division Pasty Brewer
Yolanda Fields Executive Director
Community Development Manager 419 W. Rock St. #2
113 west Mountain St. P 0 Box 1863
Fayetteville, AR 72701 Fayetteville, AR 72702
16. Conflict of Interest: HFH -F represents that none of its employees, officers, or directors
presently have any interest, either directly or indirectly, which would conflict in any manner
with HFH's performance or procurement under this Agreement, and that no person having
such interest will be appointed or employed by HFH.
17. Tax Exempt Status: Attached hereto and made part hereof is a copy of the correspondence
from the Internal Revenue Service dated confirming the 501(c)(3) tax exempt status of
18. Suspension and Termination
(a) Remedies for noncompliance. In accordance with 24 CFR 85.43 of the Act, if HFH -F
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 ofaward, 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 HFH -F 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 HFH -F project,
• Withhold fiarther awards for the project, or
• Take other remedies that may be legally available.
(b) In taking an enforcement action, the City will provide HFH -F an opportunity for appeal, or
other administrative proceeding to which HFH -F is entitled under statute or regulation
applicable to the action involved.
(c) Costs of the agency resulting from obligations incurred by HFH -F 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 HFH -F costs during suspension or
after termination which are necessary and not reasonably avoidable are allowable if
• The costs result from obligations which were properly mcurred by HFH -F before the
Page 5 of 7
• The costs result from obligations which were properly incurred by HFH -F 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 m 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 HFH -F from bemg 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 HFH -F 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.
(t) 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 HFH -F 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 HFH -F 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 HFH -F hereby acknowledges receipt of a duly executed copy of this Agreement complete
with all Exhibits attached hereto.
Page 6 of 7
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COMMUNITSE'VELOPMENT BLOCK GRAN14110GRAM RES. .53 -at
SUS -RECIPIENT GRANT AGREEMENT
FAYETTEVILLE PUBLIC LIBRARY
ate
Ibis Agreement, is entered into on this day of 2002, between the City of
Fayetteville, hereinafter known as the "City", and Fayetteville Pu lic Library hereinafter known as
the Library.
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 fuffill a
"national objective" as defined in the Act; the national objective to be fulfilled by the Library is:
Benefit low -to -moderate -income individuals and/or families, adjusted for family size.
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
Library agree as follows:
1. The City hereby designates and the Library 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 Library 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 Thirteen
Tbousand Dollars ($13,000.00).
4. The funding for this Agreement shall begin on the date first written above and expire on
December 31, 2002, any fimds not obligated prior to December 31, 2002 will revert back to
the City.
5. Statement of work: Funds to be used for an outreach program to the Hispanic Community. To
purchase literacy and Spanish language materials for adults and children.
6. Other requirements. Maintain records on materials purchased, services performed, individuals
and families served. Furnish to the City on a quarterly basic, a summary report on projects and
its particulars. Quarterly reports (Jan -Mar, Apr -Jun, Jul -Sep, Oct -Dec 2002) are due within
fifteen days after the quarter ends. Failure to provide the required documentation and
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information will affect the funding in this agreement and future Request for Funding.
7. Scope of Services, The Library agrees: Services will benefit low -to -moderate -income
individuals and families, adjusted for family size.
(a) Describe Project particulars: To improve services to our Spanish speaking population.
(b) To make available all records for review by the City, and HUD personnel as requested.
(c) 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 570.504 Program Income.
• 24 CFR Part 570.607 Employment & Contracting Opportunities for low income persons.
• 24 CFR 570.611 Conflict of Interest
(d) 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 Library's part to have complied with the applicable federal, state, and local rules
and regulations.
(e) That all contracts for services and procurement for materials shall be carried out in compliance
with applicable federal, state, and local rules and regulations.
(g) That authorized city, state, and federal officiaLs and representatives will have access to all
books, accounts, records, files, and other papers, or things pertaining to the project in order to
make audits, examinations, excerpts and transcripts.
8. Records and Reports:
(a) The Library shall maintain sufficient records of beneficiary data with regard to the number and
demographic character of low -to -moderate -income persons/famthes 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.
• Disabilitystatus.
• Single head of household w/childitbn.
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•
•
• Size ofhousehold.
(b) The Library agrees to provide a final summary report within thirty (30) days after the
expiration of this agreement The report will contain the information described in paragraph
8(a) above.
(c) The Library 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 Yolanda
Fields or his successor. The Project Coordinator for the Library shall be Steven Thomas or
his successor. Communications pertaining to this agreement shall be through the respective
Project Coordinators for the City and the Library.
10. Terms ofPerformance.
(a) 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
Library shall provide and tum over to the City all materials, 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 Library. The Library 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 Library shall hold harmless, defend and indemnify the City from any and all claims,
actions, suits, charges and judgements whatsoever that anse out of the Library'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 Library shall not
exceed Thirteen Thousand Dollars ($13,000.00).
(b) The Library shall render to the Community Development Division a Request for Funds.
12. CDBG Assets.
(a) Upon expiration or termination of this agreement, all CDBG funded assets on hand at the
Line of expiration, and any accounts receivable attributable to the use of CDBG funds,
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