HomeMy WebLinkAbout100-10 RESOLUTIONRESOLUTION NO. 100-10
A RESOLUTION TO ACCEPT A 2009 GENERAL IMPROVEMENT FUND
ECONOMIC DEVELOPMENT GRANT IN THE AMOUNT OF $100,000.00
TO PURCHASE EQUIPMENT FOR THE EXCLUSIVE USE AND BENEFIT
OF THE NORTHWEST ARKANSAS COMMUNITY COLLEGE AND TO
APPROVE A BUDGET ADJUSTMENT
WHEREAS, the Arkansas Economic Development Commission has offered a General
Improvement Fund Economic Development Grant in the amount of $100,000.00 to the City of
Fayetteville and Northwest Arkansas Community College's Center of Excellence (NWACC) for
the exclusive use and benefit of NWACC to purchase equipment for training NWACC students
in weatherization, energy efficiency, and other green technologies; and
WHEREAS, the City of Fayetteville assisted NWACC in the application for this grant
and acknowledges that all of the $100,000.00 will be used for the purchase of training equipment
for the exclusive use and benefit of the Northwest Arkansas Community College Center of
Excellence.
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 accepts the
$100,000.00 General Improvement Fund Economic Development Grant from the Arkansas
Economic Development Commission for the purchase of equipment for the Northwest Arkansas
Community College's Center of Excellence to support training in weatherization, energy
efficiency, and other green technologies to promote economic development in Benton and
Washington Counties.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached Budget Adjustment of $100,000.00 to recognize this grant revenue.
PASSED and APPROVED this 1st day of June, 2010.
APPROVED:
B °
L''1 N LD JO ' O r., Mayor
ATTEST:
-,. By: 64/.41.40 6.
SONDRA E. SMITH, City Clerk/Treoa' /7-R°'''s
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Karen Minkel
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
6/1/2010
City Council Meeting Date
Agenda Items Only
Stategic Planning
Division
Action Required:
. Planning
Department
Accept a grant from the AR Economic Development Commission for $100,000.00 The grant comes from the General
Improvement Fund (GIF). The funds will be used to purchase training equipment for NWACC. This staff review form
also requests approval of a budget amendment in the amount of $100,000.00
Cost of this request
2230.8001.5801.00
Account Number
10025.2010
Project Number
Budgeted Item
Category / Project Budget
GIF/NWACC training equipment
Program Category / Project Name
Strategic Planning
Funds Used to Date Program / Project Category Name
General Fund
Remaining Balance Fund Name
Budget Adjustment Attached
XX
1.0
Department Director
City Attorney
ALO
Finance and Internal Services Director
SJi4/Ji
Date
Sir/'1V)
Date
5 -11--20t
Date
Date
4S7/14//,0
ate
Previous Ordinance or Resolution # RES 10-10
Original Contract Date: none
Original Contract Number:
Received in
Mayor's Office
Comments:
Revised January 15, 2009
ave evUe
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.or
CITY COUNCIL AGENDA MEMO
To: City Council
Thru: Don Marr, Chief of Staff
From: Karen Minkel, Strategic Planning and Internal Consulting Director
Date: May 13, 2010
Subject: Arkansas Economic Development General Improvement Fund Economic Development Grant:
Staff recommends acceptance of a 2009 General Improvement Fund grant in the amount of $100,000 for the
purchase of equipment for NorthWest Arkansas Community College's Center of Excellence.
PROPOSAL:
The City of Fayetteville, in partnership with NorthWest Arkansas Community College's Center of Excellence,
received an award of $100,000 from the Arkansas Economic Development Commission to purchase state of the
art equipment to support training in weatherization, energy efficiency, and other green initiatives to promote
economic development in these areas. These equipment purchases will assist the Center of Excellence for
Energy Efficiency in initiating training opportunities in both Washington and Benton Counties.
The City Council approved the application for these funds on January 19, 2010. The 2009 General Improvement
Fund was designed "to assist cities or counties involved in regional economic development with needs
associated with...regional economic development." The grant must benefit more than one county. The
application for this funding was supported by Benton and Washington County state representatives, the
Fayetteville Chamber of Commerce, Green Valley Development Corporation and the Northwest Arkansas
Labor Council.
RECOMMENDATION:
Staff recommends acceptance of a 2009 General Improvement Fund grant in the amount of $100,000 for the
purchase of equipment for NorthWest Arkansas Community College's Center of Excellence.
BUDGET IMPACT:
This grant will increase the budget by $100,000.
RESOLUTION NO.
A RESOLUTION TO ACCEPT A 2009 GENERAL IMPROVEMENT FUND
ECONOMIC DEVELOPMENT GRANT IN THE AMOUNT OF $100,000.00
TO PURCHASE EQUIPMENT FOR THE EXCLUSIVE USE AND BENEFIT
OF THE NORTHWEST ARKANSAS COMMUNITY COLLEGE AND TO
APPROVE A BUDGET ADJUSTMENT
WHEREAS, the Arkansas Economic Development Commission has offered a General
Improvement Fund Economic Development Grant in the amount of $100,000.00 to the City of
Fayetteville and Northwest Arkansas Community College's Center of Excellence (NWACC) for
the exclusive use and benefit of NWACC to purchase equipment for training NWACC students
in weatherization, energy efficiency, and other green technologies; and
WHEREAS, the City of Fayetteville assisted NWACC in the application for this grant
and acknowledges that all of the $100,000.00 will be used for the purchase of training equipment
for the exclusive use and benefit of the Northwest Arkansas Community College Center of
Excellence.
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 accepts the
$100,000.00 General Improvement Fund Economic Development Grant from the Arkansas
Economic Development Commission for the purchase of equipment for the Northwest Arkansas
Community College's Center of Excellence to support training in weatherization, energy
efficiency, and other green technologies to promote economic development in Benton and
Washington Counties.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached Budget Adjustment of $100,000.00 to recognize this grant revenue.
PASSED and APPROVED this 1st day of June, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2010
Department: Planning
Division: Strategic Planning
Program: Misc. Special Projects
Request Date
5/13/2010
Adjustment Number
JUSTIFICATION TO INCREASE PROJECT / ITEM:
The training equipment will be purchased by grant funds and the public notification expense will be used to solicit
bids.
JUSTIFICATION TO DECREASE PROJECT / ITEM (OR RECOGNIZING REVENUE):
The City has been awarded a $100,000 GIF grant from the AR Economic Development Commission. The grant
funds will be used to purchase training equipment for NWACC.
Increase Decrease Project.Sub
Account Name Account Number Budget Budget Number
Minor Equipment
2230.8001.5210.00 1,899 10025 2010
Fixed Assets
2230.8001.5801.00 98,000 10025 2010
Public Notification
2230.8001.5301.00 101 10025 2010
State Grants -Capital
2230.0923.4302.00 100,000 10025 . 2010
TOTAL 100,000 100,000
2sii'md14^4A, *0,-0 5 1 I ate
F/4 ZD'`)
udget Direc Date
Department Directory Date
P(Du,a_ 1(�s tJ�� 5 -19-200
Fince Director � Date
6-10-16
Date
Requested By
kspringer
Budget & Research Use Only
Type: A B Cc) E
Description:
General Ledger Date
Posted to General Ledger
Posted to Project Accounting
C:\DOCUME-1\bfe11.000\LOCALS-1\Temp\XPGrpWise\NWACC training equip BA 05132010
0
Initial Date
Initial Date
GIF
GRANT AGREEMENT iges 40. 4,)
PART I
Signatory Page
Grantee: City of Fayetteville
Grant Amount: $100,000
GRANTOR
Arkansas Economic Development Commission
900 West Capitol, Suite 400
Little Rock, AR 72201
Phone: (501) 682-1121
Grant Control: 3-FY10-GIF
GRANTEE
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
Washington County
Phone: (479) 575-8331
1. This Grant Agreement is entered into by the Arkansas Economic Development Commission,
Grantor, and the City of Fayetteville, Grantee, for the purpose of providing funds to the Grantee
to undertake projects which support economic development. The Grantee agrees to initiate and
complete an economic development project in accordance with the terms of this Grant
Agreement.
2. The Grantee further warrants it will conduct and administer the grant in accordance with this
agreement and all applicable State laws and regulations.
3. Approved for the Grantor
BY:
ARKANSAS EGO
,2
DEVE_OP
ISSION
Signature
Maria Luisa M. Haley
Name
Executive Director
Title
Date
Th
Approved for the Grantee
Lioneld Jordan
Name
Mayor of Fayetteville
Title
to
to
PARTH
GENERAL TERMS AND CONDITIONS
In consideration of the general terms and conditions hereinafter contained, the Grantor and the Grantee
agree as follows:
1. LEGAL AUTHORITY. By signing the grant agreement signature page, the Grantee
certifies that it possesses legal authority to accept grant funds and to execute the project
described in this grant agreement. This act of signing will also certify that the Grantee will
comply with all parts of this agreement.
2. WAIVERS. No conditions or provisions of this grant agreement may be waived unless
approved by the Grantor, in writing.
3. FINANCIAL MANAGEMENT AND ACCOUNTING. The Grantee will establish and
maintain a financial management and accounting system, which conforms to generally
accepted accounting principles and complies with all applicable State requirements.
4. ALLOWABLE COSTS. All costs necessary to carry out the eligible activities in the
project must be consistent with, and not exceed, the limitations imposed by the scope of
work and budget.
5. AMENDMENTS AND MODIFICATIONS. The Grantor will consider project
amendments if they are necessitated by actions beyond the control of a Grantee, or will
serve to enhance the project. The Grantee may request or the Grantor may require an
amendment or modification of the grant agreement. However, such amendment or
modification will not take effect until approved, in writing, by the Grantor. If required by
the Grantor, the Grantee must sign and return the amendment to the Arkansas Economic
Development Commission within three days. The Grantee must request prior approval for
all amendments or modifications. Amendments will not be approved which would
materially alter the circumstances under which the grant was originally funded.
6. RECORD KEEPING. The Grantee agrees to keep such records as the Grantor may
require. All such records, and other records pertinent to the grant and work undertaken as
part of the project, will be retained by the Grantee.
7. ACCESS TO RECORDS. The Grantor and duly authorized officials of the State will
have full access and the right to examine any pertinent documents, papers, records, and
books of the Grantee and of persons or organizations with which the Grantee may contract,
which involve transactions related to this Grant Agreement. The Grantee's contract with
other persons or organizations must specifically provide for the Grantor's access to
documents as provided herein.
8. REPORTS. The Grantee, at such times and in such forms as the Grantor may require, will
furnish the Grantor with such periodic reports as it may request pertaining to the activities
undertaken pursuant to this Grant Agreement, the costs and obligations incurred in
connection therewith, and any other matters covered by this Grant Agreement.
9. OBLIGATIONS REGARDING THIRD PARTY RELATIONSHIPS. The Grantee
will remain fully obligated under the provisions of the Grant Agreement notwithstanding
its designation of any third party or parties for the undertaking of all or any part of the
project described herein. Any subcontractor who is not the Grantee will comply with all
lawful requirements of the Grantee necessary to ensure that the project is carried out in
accordance with the provisions of this grant agreement. Failure to comply will result in
sanction upon Grantee, engineer/architect, contractor, or sub -contractors. This sanction
will result in the Arkansas Economic Development Commission not working with said
2
persons, for a period of not less than one year or more than five years and/or a suspension
of existing funding.
The Grantee shall secure all such services in accordance with applicable State law and the
provisions of this grant agreement, and shall notify the Grantor, in writing, of the method
utilized to secure services, the name and address of the service provider(s), the scope of
work anticipated and the terms of compensation.
10. CONFLICT OF INTEREST. No officer or employee of the Grantor, no member, officer,
or employee of the Grantee or its designees or agents, no member of the governing body of
the jurisdiction in which the project is undertaken or located and no other official of such
locality or localities who exercises any functions or responsibilities with respect to the
project during his tenure, will have any personal or pecuniary gain or interest, direct or
indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed
in connection with the project assisted under this agreement. The Grantee will incorporate,
or cause to incorporate, in all such contracts or subcontracts a provision prohibiting such
interest pursuant to the purpose of this provision. The Grantor reserves the right to waive
certain provisions of this clause in the event of a situation once justified as unavoidable by
the Grantee, and approved by the Grantor which necessitates such a waiver.
11. POLITICAL ACTIVITY. No portion of the funds provided hereunder will be used for
any partisan political activity or to further the election or defeat of any candidate for public
office or influence the approval or defeat of any ballot issue.
12. NOTICES. The Grantee will comply with all public notices or notices to individuals
required by applicable State laws.
13. PROHIBITION AGAINST PAYMENTS OF BONUS OR COMMISSION. The
assistance provided under this grant agreement will not be used in payment of any bonus or
commission for the purpose of obtaining approval of the application for such assistance or
any other approval or concurrence under this grant agreement.
14. TERMINATION BY MUTUAL AGREEMENT. This grant agreement may be
terminated, in whole or in part, prior to the completion of project activities when the
Grantor determines that continuation is not feasible or would not produce beneficial results
commensurate with the further expenditure of funds. The Grantee will not incur new
obligations for the terminated portion after the effective date, and will cancel as many
outstanding obligations as possible. The Grantor will make funds available to the Grantee
to pay for allowable expenses incurred before the effective date of termination.
15. TERMINATION FOR CAUSE. If the Grantee fails to comply with the terms of the
grant agreement, or fails to use the grant for only those purposes set forth herein, the
Grantor may:
(a) Suspend Grant Payments - After notice to the Grantee, suspend the grant and
withhold any further payment or prohibit the Grantee from incurring additional
obligations of grant funds, pending corrective action by the Grantee or a decision to
terminate by the Grantor; and
(b) Terminate in toto - Terminate the grant in whole, or in part at any time before the
final grant payment is made.
The Grantor will promptly notify the Grantee in writing of its determination to terminate,
the reason for such termination, and the effective date of the termination.
Payments made to the Grantee or recoveries by the Grantor will be in accordance with the
legal rights and liabilities of the parties.
16. RECOVERY OF FUNDS. In the event of a default or violation of the terms of the grant
agreement by the Grantee, the Grantor may institute actions to recover all or part of the
proper funds paid to the Grantee.
17. DISPUTES. Except as otherwise provided in this agreement, any dispute concerning a
question of fact arising under this agreement which is not disposed of by provision of the
grant agreement, will be decided by the Grantor which will reduce its decision to writing
and mail or otherwise furnish a copy thereof to the Grantee. The decision of the Grantor
will be final and conclusive. This does not preclude the consideration of questions of law
in connection with decisions provided for in the preceding paragraph; provided that
nothing in this grant agreement will be construed as making final the decision of any
administrative official, representative, or board on a question of law.
18. INDEMNIFICATION. The Grantee will defend, protect, and save harmless the Grantor
from and against all claims, suits, and actions arising from any act or omission of the
Grantee or any employee or agents of either in the performance of this grant agreement.
19. SEVERABILITY. If any provision under this grant agreement or its application to any
person or circumstances is held invalid by any court of competent jurisdiction, this
invalidity does not affect other provisions of the grant agreement, which can be given
effect without the invalid provision.
20. PERFORMANCE. The Grantor's failure to insist upon the strict performance of any
provision of this contract or to exercise any right based upon breach thereof or the
acceptance of any performance during such breach will not constitute a waiver of any rights
under this grant agreement.
21. ENFORCEMENT. If the Grantor determines that a Grantee's performance fails to meet
the terms and conditions of its grant agreement, several courses of action may be pursued
in order to resolve the problem. The Grantor may take any of the following actions,
severally or in combination:
(a) Request additional information from the Grantee to verify the nature of inadequate
performance;
(b) Conduct a site visit to examine pertinent records and recommend remedial cause of
action;
(c) Issue a letter of warning, advising the Grantee of the deficiency, recommendations
for corrections, date by which performance must be corrected and notice that more
serious sanctions may be imposed if the situation continues or is repeated;
(d) Suspend funding of questioned activities until remedies are affected;
(e) Establish sanctions upon Grantee, engineer/architect, contractor, or sub-
contractor(s). This sanction will be for a period of not less than one year but not
more than five years. Require reimbursement of funds improperly spent; or
(f) Refer the matter to the Attorney General of Arkansas with a recommendation that a
civil action be instituted.
(g) Refer the matter to the appropriate prosecuting attorney for investigation of possible
criminal activity.
22. CLOSE-OUT. The Grantor will advise the Grantee to initiate close-out procedures when
the Grantor determines, in consultation with the Grantee, that there are no impediments to
close-out and that the following criteria have been met or soon will be met:
(a) All costs to be paid with grant funds have been incurred with the exception of any
unsettled third -party claims against the Grantee. Costs are incurred when goods
and services are received and/or contract work is performed;
(b) The last required progress report has been submitted. The Grantee's failure to
submit or update will not preclude the Grantor from effecting closeout if it is
deemed to be in the State's interest. Any excess grant amount which may be in the
Grantee's possession will be returned in the event of the Grantee's failure to furnish
or update the report; and
(c) Other responsibilities of the Grantee under this Grant Agreement and any close-out
agreement, and applicable laws and regulations appear to have been carried out
satisfactorily or there is no further State interest in keeping the grant open for the
purpose of securing performance.
23. The Grantee agrees, as a condition of receiving grant assistance, to abide by and adhere to
any policy directives, rules, regulations or other requirements which may be issued from
time to time by the Grantor, and which in the opinion of the Grantor are necessary to
efficient or legal execution of the project.
24. The Grantee agrees to ensure that all work is performed and completed in a manner
consistent with timelines established at the signing of this grant agreement. Failure to meet
these timelines without acceptable justification may result in sanction and or deobligation
of funding to Grantee and/or sub -contractors.
PART III
SCOPE of GRANT
Grantee: City of Fayetteville Amendment #:
Control #: 3-FY10-GIF Amendment Date:
With the growth of green jobs regionally and nationally, specialized training is needed to fill the
employment gap. The North West Arkansas Community College Center of Excellence for Energy
Efficiency located in Fayetteville and Bentonville fills this need through specialized training in the
areas of energy efficiency and conservation. The funding for this project will purchase additional state
of the art training equipment that will allow for curriculum expansion and a better trained, employable
workforce.
BUDGET
Grantee: City of Fayetteville
Amendment #:
Grant Control #: 3 -FY 10 -GIF
Activity: To purchase training equipment for North West Arkansas Community College.
urce of Funds*
Cost Classification
GIF
Company
Total
Personnel
Fringe
Contracts/Prof. Fees
Supplies
Equipment -Capital (Outlay)
cii $' gy,p0
9f J't9'.00
Subgrants
lokc. NAc.LAllian
10 1,00
/01.00
Totals
I 60 Wo .oO
WO,0(X) .00
*To be completed by the Grantee prior to the return of a signed copy of this grant agreement.
7