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HomeMy WebLinkAbout149-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 149-18 File Number: 2018-0319 2018 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN: A RESOLUTION TO APPROVE THE 2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN, TO AUTHORIZE THE MAYOR TO EXECUTE THE CDBG AGREEMENT FOR 2018 IN THE AMOUNT OF $668,915.00 WHEN RECEIVED, AND TO APPROVE A BUDGET ADJUSTMENT 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 authorizes Mayor Jordan to execute the Community Development Block Grant (CDBG) Agreement for 2018 in the amount of $668,915.00 when received, and approves the 2018 Action Plan, a full copy of which is attached to this Resolution, proposed as follows: Administration $92,088.00 Housing Program $425,785.00 Redevelopment Program $64,042.00 Big Brothers Big Sisters of NWA $7,000.00 Court Appointed Special Advocates of NWA $10,000.00 Central United Methodist Church $10,000.00 Credit Counseling of Arkansas $4,548.00 One Community $9,500.00 Welcome Health $3,952.00 Transportation $42,000.00 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Printed on 1015118 File Number., 2018-0319 PASSED and APPROVED on 7/3/2018 Attest: '6.7 L 6I('a &,. ,e Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 1015118 .:1 City of Fayetteville, Arkansas 113 West Mountain Street ri Fayetteville, AR 72701 (479) 575-8323 r Text File -- File Number: 2018-0319 Agenda Date: 7/3/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 12 2018 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN: A RESOLUTION TO APPROVE THE 2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN, TO AUTHORIZE THE MAYOR TO EXECUTE THE CDBG AGREEMENT FOR 2018 IN THE AMOUNT OF $668,915.00 WHEN RECEIVED, AND TO APPROVE A BUDGET ADJUSTMENT 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 authorizes Mayor Jordan to execute the Community Development Block Grant (CDBG) Agreement for 2018 in the amount of $668,915.00 when received, and approves the 2018 Action Plan, a full copy of which is attached to this Resolution, proposed as follows: Administration $92,088.00 Housing Program $425,785.00 Redevelopment Program $64,042.00 Big Brothers Big Sisters of NWA $7,000.00 Court Appointed Special Advocates of NWA $10,000.00 Central United Methodist Church $10,000.00 Credit Counseling of Arkansas $4,548.00 One Community $9,500.00 Welcome Health $3,952.00 Transportation $42,000.00 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 101512018 IN OFFICE OF THE CITY ATTORNEY TO: CC: FROM: DATE: RE: DEPARTMENTAL CORRESPONDENCE Sondra Smith, City Clerk Kit Williams, City Attorney Yolanda Fields, Community Resources Direrfclv ��. n_, Blake Pennington, Assistant City Attorne October 4, 2018 Scrivener's Errors in Resolution 149-18 Kit Williams City Attorney Blake Pennington Assistant City Attorney Rhonda Lynch Paralegal I have corrected the scrivener's errors in the text file for Resolution 149-18 in Legistar. You and Mayor Jordan will need to sign the corrected version of the Resolution. This is not required to go back to City Council for approval because the Resolution incorporated the full 2018 Action Plan as an attachment and that has the correct itemized amounts included. Furthermore, the total amount was correct in the title and body of the Resolution that was approved by the City Council. RECEIVED CITY OF �M F AY E T T E V I L L E CITY OF FAYETTEVILLE ARKANSAS CITY CLERK'S OFFICE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT YEAR 2018 PUBLIC SERVICES SUBRECIPIENT GRANT AGREEMENT This Agreement is entered into on this 27th day of September 2018, between the City of Fayetteville, hereinafter known as the City, and Welcome` j-lealth hereinafter known as the "Subrecipient". WHEREAS the City has received funding under Title I of the Housing and Community Development Act of 1974, hereunder known as the "Act", through the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) from the Entitlement Cities program established under the Act as amended, and the rules, regulations, policy memoranda, and other authority; and, WHEREAS the Act contains certain requirements regarding the use of CDBG funds to fulfill a National Objective as defined in the Act; and, 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; and, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the Subrecipient agree as follows: 1. TERM OF AGREEMENT: The funding for this Agreement shall begin on the date first written above and expire on December 31, 2018; any funds not reimbursed prior to this date will revert back to the City. The final date reimbursement requests will be accepted is December 5, 2018 at Spm. 2. COMPLIANCE WITH APPROVED PROGRAM: The City hereby designates and the Subrecipient hereby agrees to receive the City's CDBG Subrecipient Grant and to administer such grant in accordance with this agreement, and the Act; and the Subrecipient certifies that the activities carried out with funds provided under this Agreement will meet at least one of the CDBG Program's National Objectives set forth by HUD as indicated in Attachment A (National Objective). 3. LIMITATION ON FUNDING: It is expressly agreed and understood that upon execution of the Agreement, the City agrees to allocate no more than the amount of Three Thousand Nine Hundred Fifty Two Dollars ($3,952.00) for the full and complete satisfactory performance of this Agreement. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Attachment B (Project Budget) and in accordance with performance. 4. AMENDMENTS: Any revision to this Agreement, including Attachments, shall only be made by a written amendment, approved by the City, to this Agreement. 5. SCOPE OF PROJECT: The Subrecipient shall perform all services according to the Statement of Work as indicated in Attachment C (Project Description). Any deviation from the provisions detailed in the Statement of Work shall be prohibited unless approved by the City and made an amendment to the Agreement. 6. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Subrecipient agrees to comply with the provisions of 24 CFR 570.502 Applicability of Uniform Administrative Requirements, as Page 1 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM applicable, and all requirements and standards which include but are not limited to the following: A. Allowable and Allocable Costs: Costs must be necessary, reasonable and directly related to the scope of the project in this agreement. In addition, costs must be legal and proper. The budget included in Attachment B (Project Budget) shall control amounts of allowable expenditures within budget categories. B. Timeliness Requirement: Seventy-five percent of the current grant allocation must be disbursed to the Subrecipient by September 14th of the current grant year. C. Disbursement of Funds: The Subrecipient shall render to the City a request for reimbursement of project expenditures. D. Procurement: All contracts for services and procurement for materials shall be carried out in compliance with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and all other applicable federal, state, and local rules and regulations, including regulations and policies from the City's Purchasing Division. E. Documentation of Costs: The Subrecipient shall maintain records on materials purchased, services performed, individuals and families served. All costs shall be supported by evidencing in proper detail the nature and propriety of charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. F. Records and Reports: The Subrecipient shall, at a minimum, submit the following reports to the City: 1) Monthly beneficiary reports shall be submitted to the City fifteen days after month end. Monthly beneficiary reports shall be submitted on the City provided form and will provide demographic information, income level information (verifying majority of clients fall within HUD LMI limits) and outline CDBG funded activities undertaken during each month. It will include a description of progress in meeting the prescribed CDBG National Objective as indicated in Attachment A. Failure to provide the required documentation and information will affect the funding in this agreement and future requests for funding. 2) Financial statements shall be submitted in order to receive reimbursement. Financial statements shall utilize the City provided reimbursement form and shall outline all expenses applicable to the CDBG assisted project that reimbursement is requested for. 3) A Final Summary Report due no later than January 31, 2019 shall include a summary of all compiled information described in paragraphs 6(E) and 6(F) (1) (2) above. 4) The Subrecipient agrees to maintain records and reports related to the project for a period of no less than five years following the term of this Agreement. 7. CDBG PROGRAM INCOME: Any income directly generated from the use of the CDBG grant funds shall be returned to the City of Fayetteville Community Development Block Grant Program in compliance with 24 CFR 570.504 (c) Program Income (Disposition of program income received by subrecipients). 8. ACCESS TO RECORDS: At any time during normal business hours and as often as the City deems necessary, the Subrecipient shall make available to the City for examination all of its records with respect to all matters covered by this Agreement. Further, the Subrecipient shall Page 2 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM permit the City to make excerpts of transcripts from such records, make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 9. MONITORING AND AUDITS: The City is required to ensure that federal CDBG program requirements are met, that the funds are used for the purpose of the program, and the Subrecipient complies with reporting and auditing requirements. The City will monitor and audit the Subrecipient to assure the compliance of project progress as stated in Attachment D (Project Schedule) along with all other attachments. A. Remedies for Non -Compliance: If the Subrecipient fails to comply with any term in this Agreement, the City may take one or more of the actions indicated in 2 CFR Part 200.338 Remedies for noncompliance. 10. PERFORMANCE TERM EXTENSION: The City may consider an extension of the term of performance based on justifiable circumstances beyond the control of the Subrecipient. The Subrecipient shall make application and submit documentation to the City regarding such circumstances, and acceptance of a proposal for the new time frame constitutes an amendment to the agreement. Any such request for extensions shall be subject to the written approval of the City, acted upon by the City within fourteen (14) days of the receipt of the notice of request for extension. The decision of the City shall be final and conclusive, provided that such approval shall not be unreasonably withheld. No requests for extension will be accepted after August 31. 11. PROGRAM CLOSE-OUT: A. Termination of Agreement: 1) Termination by City: Notification shall be provided in the form of a written notice specifying the effective date of termination. The City may terminate this Agreement in whole or in part for cause, which shall include: • Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement, including compliance with approved program and Agreement conditions, and such statutes, executive orders and HUD directives as may become applicable at any time, • Submission by the Subrecipient to the City of reports that are incorrect or incomplete in any material respect, • Ineffective or improper use of funds provided under this Agreement; • Failure of the Subrecipient to supply the City with monthly reports and audits as required by the City herein; • Failure of the Subrecipient to comply with the City's corrective action plan respective to audits required by the City herein; 2) Termination by the Subrecipient: The Subrecipient may propose to terminate this Agreement in whole or in part, for good cause only by giving at least thirty (30) days written notice specifically stating the cause for such requested termination. Any such request for termination shall be subject to the written approval of the City, acted upon by the City within ten (10) days of the receipt of the notice of request to terminate. The decision of the Recipient shall be final and conclusive, provided that such approval shall not be unreasonably withheld. Page 3 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE �r Vw ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 3) Mutual Termination: This Agreement may also be terminated by either the City or the Subrecipient in whole or in part, by mutual agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City may terminate the award in its entirety. B. Use and Reversion of Assets: The Subrecipient shall use all CDBG-assisted property acquired under this Agreement in accordance with 24 CFR 570.505 Use of Real Property for a period of five (5) years following the date of project completion. Project completion is denoted by final payout of the grant award respective to the CDBG Program. Unless specified otherwise within this Agreement, at the conclusion, cancellation, assignment or termination of this Agreement, the disposition of assets under this Agreement shall be in compliance with 24 CFR 570.503 Agreements with Subrecipients, 24 CFR 570.504 Program Income and 24 CFR 570.505 Use of Real Property, as applicable, which include but are not limited to the following: 1) If this agreement is terminated or canceled in accordance with the terms, conditions, and procedures of this Agreement, thirty (30) days after termination of this agreement the Subrecipient shall provide and turn over to the City all materials, books, accounts, records, files and other papers, or items pertaining to the project. 2) Any real property acquired or improved in whole or in part with CDBG funds in excess of $500.00 under the Subrecipient's 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 longer period of time as determined to be appropriate by the City. 3) In the event the Subrecipient does not expend the amount allocated under this Agreement or the project is canceled, expired, assigned or terminated for any reason, any funds not claimed by the Subrecipient and approved by the City for allowable costs by the end of the term or by the date of cancellation, expiration, or termination of this Agreement, as the case may be, shall no longer be payable to the Subrecipient under this Agreement. 12. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS: The Subrecipient agrees to comply with all applicable rules and regulations, as now in effect and as may be amended from time to time, including but not limited to those federal rules and regulations referred to in this Agreement. Unearned payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HUD at any time or if the grant to the City under Title I of the Housing and Community Development Act of 1974, is suspended or terminated. 13. CLAIMS AGAINST THE CITY: The Subrecipient agrees to defend, indemnify and save harmless the City from any and all claims of any nature whatsoever which may arise from the Subrecipient's performance of this Agreement; provided, however, that nothing contained in this Agreement shall be construed as rendering the Subrecipient liable for acts of the City, its officers, agents or employees. 14. CONFLICTS OF INTEREST: The Subrecipient represents that none of its employees, officers, or directors presently have any interest, either directly or indirectly, which would conflict in any Page 4 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE W4V ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM manner with the Subrecipient's performance or procurement under this Agreement, and that no person having such interest will be appointed or employed by the Subrecipient. 15. NOTICES: Communication and details concerning the Agreement shall be directed to the following contract representatives: Welcome Health Monika Fischer -Massie Executive Director 1100 N Woolsey Avenue Fayetteville AR 72703 City of Fayetteville Community Resources Division Yolanda Fields, CGFM Community Resources Director 113 W Mountain St Fayetteville AR 72701 16. BINDING AFFECT: 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 Subrecipient hereby acknowledges receipt of a duly executed copy of this Agreement complete with all Exhibits attached hereto. EXECUTION/SIGNATORIES TO AGREEMENT PROVIDED BELOW IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. I -7alt ;� , Monika Fis her -Massie, Executive Director At ested 4: City offayetteville Lioheld Jordar or Attested By: 1R�j�TRt1��y�r �v. Vll-LE: City of Fayetteville HUD Identification # B -18 -MC -05-0001 '.yam' gRKANSp.'�=:� �1�4��i�iON0��,� Page 5 of 5 "Helping to Build a Better Community" Community Resources Division Yolanda Fields Submitted By City of Fayetteville Staff Review Form 2018-0319 Legistar File ID 7/3/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/13/2018 COMMUNITY RESOURCES (642) Submitted Date Division / Department Action Recommendation: Staff recommends approval of the attached 2018 Community Development Block Grant (CDBG) Action Plan and approval of authority for the Mayor to execute the 2018 CDBG Agreement upon receipt. Staff also recommends approval of a budget adjustment reconciling the CDBG budget with HUD/IDIS and recognizing additional 2018 CDBG funding. Budget Impact: Multiple, see attached BA. 2180 - CDBG Account Number Fund NA NA Project Number Project Title Budgeted Item? Yes Current Budget $ Funds Obligated $ Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? Yes Budget Adjustment $ 123,065.00 Remaining Budget $ 123,065.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE f ARKANSAS MEETING OF JULY 3, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Yolanda Fields, Community Resources Director DATE: June 15, 2018 CITY COUNCIL MEMO SUBJECT: 2018 CDBG Action Plan and Budget Reconciliation RECOMMENDATION: Staff recommends approval of the attached 2018 Community Development Block Grant (CDBG) Action Plan and approval of authority for the Mayor to execute the 2018 CDBG Agreement upon receipt. Staff also recommends approval of a budget adjustment reconciling the CDBG budget with HUD/IDIS and recognizing additional 2018 CDBG funding. BACKGROUND: Fayetteville has been a CDBG Entitlement City for more than 40 years. CDBG grant amounts vary each year based upon the funding levels authorized by Congress through the annual federal budget process. Funding for the City of Fayetteville, and other entitlement cities, is awarded based on a formula allocation process that considers such factors as population, percentage of low to moderate income persons, and number of housing units. Each year, the Community Resources Division submits an Action Plan to the U.S. Department of Housing and Urban Development (HUD) outlining the proposed uses of CDBG funding. When HUD approves the Action Plan, a CDBG Agreement for that year is received. This agreement must be executed by the City, returned to the HUD Field Office in Little Rock, and then sent to HUD in Washington D.C. for the release of funds. DISCUSSION: The City of Fayetteville award for 2018 is $668,915. The grant funding detail submitted to HUD is as follows: Administration $ 92,088 Housing Program $425,785 Redevelopment Program $ 64,042 Big Brothers Big Sisters of NWA $ 7,000 CASA of NWA $ 10,000 Central United Methodist Church $ 10,000 Credit Counseling of Arkansas $ 4,548 One Community $ 9,500 Welcome Health $ 3,952 Transportation Program $ 42,000 Approval of the Mayor's authority to execute the 2018 CDBG Agreement upon receipt will expedite the release of funds. This will allow for a timelier start to the internal and external CDBG programs that assist low to moderate income residents of the City of Fayetteville. Approval of the budget adjustment will reconcile the CDBG 2018 rebudget total and the 2018 CDBG funding increase. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: 2018 CDBG grant revenue - $668,915 Attachments: 2018 Action Plan Budget Adjustment City of Fayetteville Year 3 Action Plan (2018) Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Executive Summary AP -05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The Annual Action Plan (AAP) is one of the requirements for the City of Fayetteville to receive funds through the Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program for entitlement cities. This AAP was developed from the 2016-2020 Consolidated Plan (Con Plan) needs assessment for low - and moderate -income residents. While the needs identified in the Con Plan exceed the funding available to address all of them; the City of Fayetteville addresses the identified needs as fully as possible. The 2018 AAP will detail how the City of Fayetteville plans to address the identified needs during the current grant year. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The 2016-2020 Con Plan documents the needs assessment, market analysis, consultation with community stake holders, and past performance that were all utilized to develop the priority needs for the City of Fayetteville. The priority needs are housing, redevelopment, public services, and public facilities. Housing will focus on maintaining the affordable housing stock through rehabilitation and repair of LMI owner -occupied homes. Redevelopment provides code compliance assistance for LMI homeowners who are financially and/or physically unable to correct code violations. Public services and public facilities are funded through a competitive grant process with the Grant Prioritization Committee determining which projects are included in the annual action plan. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Each year, the City is required to submit a Consolidated Annual Performance Evaluation Report (CAPER) to HUD, reporting on the activities that were funded with CDBG, the amount spent and the beneficiaries assisted. The City submits the required reports annually and HUD has accepted the reports each year. In addition to meeting HUD requirements the CAPER provides the City with an opportunity to review past performance and utilize the information as a component of determining future needs. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The City of Fayetteville CDBG activities are designed and carried out based on local needs. Through public meetings, consultation with area public and non-profit service agencies, informal discussion with citizens, studies, city staff, and special purpose committees; input from community stakeholders is sought and integrated into designating action priorities. In addition, a Community Development Outreach Quarterly publication serves to inform the community of current and future program projects and services. We realize that even in our connected age not everyone has access to the internet; therefore, the Outreach Quarterly is distributed in printed format to 43 locations in our community. The Outreach Quarterly also provides the community with program contact information so interested citizens can provide feedback/input. We implement and participate in community events to both provide information about the programs we offer and to receive input from citizens about our programs and community needs. A summary of the Action Plan and Budget was published, in conjunction with announcing the public comment period and a public hearing, in the Northwest Arkansas Democrat Gazette on May 20, 2018 and May 23, 2018. It was also published in the week of May 20th issue of the weekly publication La Prensa Libre (Spanish). Finally, the information was posted to the City's website at http://www.fayetteville-ar.gov throughout the public comment period. The public comment period ran from May 24, 2018 to June 22, 2018. A public hearing was held on June 6, 2018 at 5:30 p.m. A draft of the 2018 Action Plan was made available to the public in the City Clerk's Office and the Community Resources Office throughout the public comment period. S. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. To be updated after public comment period. 6. Summary of comments or views not accepted and the reasons for not accepting them There were no comments or views that were not accepted. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 7. Summary The City of Fayetteville has completed the 2018 Action Plan according to HUD requirements. The funding decisions have been guided by the needs assessment, market analysis, census data, consultation and partnership with service providers, public input, and past performance data as detailed in the 2016- 2020 Con Plan and the 2017 CAPER. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) PR -05 Lead & Responsible Agencies — 91.200(b) Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plait and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator FAYETTEVILLE Community Resources Division Table 1— Responsible Agencies Narrative (optional) The City of Fayetteville is the Lead Agency for the City of Fayetteville CDBG Entitlement funds. The City of Fayetteville's Community Resources Division is the administrator of the CDBG funds for the City of Fayetteville. Consolidated Plan Public Contact Information The Community Resources Director, Yolanda Fields, CGFM can receive inquiries/comments regarding the Consolidated Plan and affiliated Annual Action Plans. She can be reached by: Email - yfields@fayetteville-ar.gov, Phone - 479.575.8290, Mail - City of Fayetteville, Community Resources Division, Attn: Yolanda Fields, 113 W Mountain St, Fayetteville AR 72701. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) AP -10 Consultation — 91.100, 91.200(b), 91.215(1) 1. Introduction The City of Fayetteville strives to connect with all entities in our community; especially those that work with the LMI population. Community Resources recognizes that it takes input from the entire community to identify the needs and determine areas where services can be enhanced. While the City currently uses a variety of methods to reach out to the community we also continue to develop and try new methods of increasing participation from individuals, organizations and businesses. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) The City of Fayetteville Community Resources Division enhances coordination between the varied providers and agencies in our area through a variety of methods. Community Resources organizes community events throughout the year to both provide information about our programs and receive feedback from the community. One example is the annual CDBG in the Park event which brings together community members, local agencies and the City's CDBG programs. We encourage local service providers to participate in these events, as they are free of charge and thus an effective way to reach out to the community. Community Resources also participates in community events put on by other organizations. Community events serves multiple purposes including; enhancing coordination, getting information out to,the community, and providing the community opportunities to provide feedback. Outreach presentations are another method of enhancing coordination and Community Resources does presentations for a variety of organizations/groups and is always networking and seeking new locations to expand to. We do presentations for organization staff and clientele both, depending upon the needs of the organization. These presentations ensure that local organizations and/or the organization's clients know the resources that are offered through CDBG and provide an opportunity for organizations/individuals to share what their needs are. The subrecipient grant process brings many of the local service providers to the table through the grant workshop and subsequent subrecipient grant application process. Discussion at the grant workshop and the actual grant applications provide information on what the current needs of various providers in the community are. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 11 The City of Fayetteville is a member of the Northwest Arkansas (NWA) Continuum of Care. The Community Resources Director is a current CoC board member and active participant in the NWA CoC's efforts to revitalize the organization. We attend meetings and participate with the other members to address the needs of the homeless and potential homeless in our community. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Fayetteville provides input to the NWA Continuum of Care at the meetings. We also consult with the CoC and member agencies whenever requested. The Community Resources Director, as a current board member, is actively participating in the NWA CoC's current path of reorganization and revitalizaion. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Table 2 — Agencies, groups, organizations who participated 1 Agency/Group/Organization Arts Live Theatre Agency/Group/Organization Type Services -Children What section of the Plan was addressed by Consultation?Non- Housing Community Development Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? We consult with Arts Live Theatre (ALT) through their participation in the CDBG Public Facility Lease Program, the Subrecipient Grant process and involvement in community activities/events. 2 Agency/Group/Organization Big Brothers Big Sisters of Northwest Arkansas, Inc. Services -Children Agency/Group/Organization Type What section of the Plan was addressed by Consultation? Non -Housing Community Development Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? We consult with BBBS of NWA through their participation in the Subrecipient Grant process and through involvement in community activities/events. 3 Agency/Group/Organization Donald W Reynolds Boys & Girls Club of Fayetteville Agency/Group/Organization Type Services -Children What section of the Plan was addressed by Consultation? Non -Housing Community Development Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? We consult with Boys & Girls Club through their participation in the Subrecipient Grant process and through involvement in community activities/events. 4 Agency/Group/Organization CASA of Northwest Arkansas Agency/Group/Organization Type Services -Children Services - Victims What section of the Plan was addressed by Consultation? Non -Housing Community Development Needs Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was We consult Nith CASA of Northwest Arkansas through their participation consulted. What are the anticipated outcomes of the in the Subre cipient Grant process and through involvement in community consultation or areas for improved coordination? activities/e% ents. 5 Agency/Group/Organization Credit Coun ;eling of Arkansas, Inc ............... Agency/Group/Organization Type Services - Housing Services -Edi (cation What section of the Plan was addressed by Consultation? Non -Homeless Housing & Credit Needs Briefly describe how the Agency/Group/Organization was We consult Mth CCOA through their participation in the Subrecipient consulted. What are the anticipated outcomes of the Grant process and through involvement in community activities/events. consultation or areas for improved coordination? 6 Agency/Group/Organization Community Clinic NWA Agency/Group/Organization Type Health Ager cy What section of the Plan was addressed by Consultation? Non -Housing Community Development Needs Briefly describe how the Agency/Group/Organization was We consult with Community Clinic NWA through their participation in the consulted. What are the anticipated outcomes of the Subrecipien : Grant process and through involvement in community consultation or areas for improved coordination? activities/e\ ents. 7 Agency/Group/Organization I Fayetteville Fire Department j Agency/Group/Organization Type Other govei nment - Local What section of the Plan was addressed by Consultation? Subrecipien_ Grant Program Briefly describe how the Agency/Group/Organization was The Fayette✓ille Fire Department participates in our Grant Prioritization consulted. What are the anticipated outcomes of the Committee ,utilizing their knowledge of community needs to help consultation or areas for improved coordination? determine �✓hich applicants for CDBG Public Services and Public Facility funding should be included in the Action Plan. Annual Action PIz n 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 8 I Agency/Group/Organization Agency/Group/Organization Type Fayetteville Housing Authority PHA What section of the Plan was addressed by Consultation? Public Housing Needs Homelessness Needs - Veterans Briefly describe how the Agency/Group/Organization was We consult with the Fayetteville Housing Authority through the consulted. What are the anticipated outcomes of the consulting/sharing of their plan; as well as, their participation in the consultation or areas for improved coordination? Subrecipient Grant process and involvement in community activities/events. 9 I Agency/Group/Organization Agency/Group/Organization Type Fayetteville Planning Division Other government - Local What section of the Plan was addressed by Consultation? Subrecipient Grant Program Briefly describe how the Agency/Group/Organization was The City of Fayetteville Planning Division participates in our Grant consulted. What are the anticipated outcomes of the Prioritization Committee utilizing their knowledge of community needs to consultation or areas for improved coordination? help determine which applicants for CDBG Public Services and Public Facility funding should be included in the Action Plan. 10 1 Agency/Group/Organization Fayetteville Police Department I Agency/Group/Organization Type I Other government -Local What section of the Plan was addressed by Consultation? Subrecipient Grant Program Briefly describe how the Agency/Group/Organization was The Fayetteville Police Department participates in our Grant Prioritization consulted. What are the anticipated outcomes of the Committee utilizing their knowledge of community needs to help consultation or areas for improved coordination? determine which applicants for CDBG Public Services and Public Facility funding should be included in the Action Plan. 11 1 Agency/Group/Organization Agency/Group/Organization Type OMB Control No: 2506-0117 (exp. 06/30/2018) Fayetteville Senior Activity and Wellness Center Services -Elderly Persons Annual Action Plan 2018 10 Annual Action PIS n 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 11 What section of the Plan was addressed by Consultation? Non-Housin; Community Development Needs Briefly describe how the Agency/Group/Organization was We consult Nith the Senior Activity & Wellness Center through their consulted. What are the anticipated outcomes of the participatioi r in the Subrecipient Grant process and through involvement consultation or areas for improved coordination? in community activities/events. 12 Agency/Group/Organization Fayetteville Veterans Affairs j Agency/Group/Organization Type Other government - Federal What section of the Plan was addressed by Consultation? Homelessne ss Needs - Veterans Homelessne ss Strategy Briefly describe how the Agency/Group/Organization was We consult ,pith the VA through participation in the NWA Continuum of consulted. What are the anticipated outcomes of the Care and th -ough involvement in community activities/events. consultation or areas for improved coordination? j Agency/Group/Organization Habitat for iumanity of Washington County 13 Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was We consult with Habitat for Humanity through their participation in the consulted. What are the anticipated outcomes of the Subrecipient Grant process and through involvement in community consultation or areas for improved coordination? activities/m ents. Agency/Group/Organization Havenwooc Transitional Housing Facility 14 Agency/Group/Organization Type Services - H )using Services -ho neless What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Annual Action PIS n 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 11 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? 15 Agency/Group/Organization Agency/Group/Organization Type We consult with Havenwood through participation in the NWA Continuum of Care and through involvement in community activities/events. Life Styles Housing Services -Persons with Disabilities What section of the Plan was addressed by Consultation? Housing Need Assessment Non -Homeless Special Needs Non -Housing Community Development Needs Briefly describe how the Agency/Group/Organization was We consult with Life Styles through their participation in the Subrecipient consulted. What are the anticipated outcomes of the Grant process and through involvement in community activities/events. I consultation or areas for improved coordination? 16 Agency/Group/Organization Agency/Group/Organization Type LifeSource International Services -Children Services -homeless What section of the Plan was addressed by Consultation? I Non -Housing Community Development Needs Briefly describe how the Agency/Group/Organization was We consult with LifeSource through their participation in the Subrecipient consulted. What are the anticipated outcomes of the Grant process and through involvement in community activities/events. consultation or areas for improved coordination? 17 Agency/Group/Organization Agency/Group/Organization Type OMB Control No: 2506-0117 (exp. 06/30/2018) NWA Continuum of Care Housing Services -homeless Regional organization Annual Action Plan 2018 12 Annual Action Piz n 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 13 What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless N reds - Chronically homeless Homeless N reds - Families with children HomelessnE ss Needs - Veterans HomelessnE ss Needs - Unaccompanied youth HomelessnE ss Strategy Briefly describe how the Agency/Group/Organization was The NWA Continuum of Care is consulted through participation as an consulted. What are the anticipated outcomes of the active mem )er of the group, interactions with other member agencies and consultation or areas for improved coordination? through involvement in community activities/events. The Community Resources C irector is a current board member. 18 Agency/Group/Organization Ozark Guidz nce Agency/Group/Organization Type Services-He 31th What section of the Plan was addressed by Consultation? `Non-Housin; Community Development Needs Briefly describe how the Agency/Group/Organization was We consult Nith Ozark Guidance through their participation in the consulted. What are the anticipated outcomes of the Subrecipien; Grant process and through involvement in community consultation or areas for improved coordination? activities/e% ents. 19 Agency/Group/Organization Peace at Home Family Shelter Agency/Group/Organization Type Services-Victims of Domestic Violence What section of the Plan was addressed by Consultation? Housing Ne !d Assessment Homeless Needs - Families with children HomelessnE ss Strategy Non-Housin; Community Development Needs Briefly describe how the Agency/Group/Organization was We consult Frith Peace at Home through participation in the NWA consulted. What are the anticipated outcomes of the Continuum Df Care, their participation in the Subrecipient Grant process consultation or areas for improved coordination? and through involvement in community activities/events. Annual Action Piz n 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 13 20 Agency/Group/Organization Prism Education Center Agency/Group/Organization Type Services-Children Services -Education Non-Housing Community Development Needs What section of the Plan was addressed by Consultation? We consult with Prism Education Center through their participation in the Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the Subrecipient Grant process and through involvement in community consultation or areas for improved coordination? activities/events. 21 . Agency/Group/Organization The Salvation Army, A Georgia Corporation Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homelessness Strategy Briefly describe how the Agency/Group/Organization was We consult with The Salvation Army through participation in the consulted. What are the anticipated outcomes of the Continuum of Care, their participation in the Subrecipient Grant process consultation or areas for improved coordination? and through involvement in community activities/events. Seven Hills Homeless Center 22 Agency/Group/Organization Agency/Group/Organization Type Services - Housing Services-homeless Services-Employment What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homelessness Needs - Veterans Homelessness Strategy Briefly describe how the Agency/Group/Organization was We consult with 7hills Homeless Center through participation in the NWA 1 consulted. What are the anticipated outcomes of the Continuum of Care, their participation in the Subrecipient Grant process consultation or areas for improved coordination? and through involvement in community activities/events. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 14 23 j Agency/Group/Organization Sources 24 Agency/Group/Organization Type Services - Housing Services -Per sons with Disabilities Services -Em cloyment What section of the Plan was addressed by Consultation? I Non -Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency/Group/Organization Agency/Group/Organization Type I What section of the Plan was addressed by Consultation? Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? 25 1 Agency/Group/Organization Agency/Group/Organization Type We consult Nith Sources through their eligibility to participate in the Subrecipien Grant process and through involvement in community activities/e\� ents. Washington County Health Unit - Fayetteville Services -Per sons with HIV/AIDS Services -He elth Health Ager cy Other government - State Non-Housin; Community Development Needs We consult Nith the Washington County Health Unit as needed and through involvement in community activities/events. Welcome Health Services -He filth Health Ager cy What section of the Plan was addressed by Consultation? Non -Housing Community Development Needs Briefly describe how the Agency/Group/Organization was We consult Nith Welcome Health through their participation in the consulted. What are the anticipated outcomes of the Subrecipien : Grant process and through involvement in community consultation or areas for improved coordination? activities/e\ ents. Annual Action PIs n 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 15 26 Agency/Group/Organization Youth Bridge j Agency/Group/Organization Type Services - Housing Services-Children Services-homeless Homelessness Needs - Unaccompanied youth What section of the Plan was addressed by Consultation? Homelessness Strategy Non-Housing Community Development Needs Briefly describe how the Agency/Group/Organization was We consult with Youth Bridge through participation in the NWA consulted. What are the anticipated outcomes of the Continuum of Care, their participation in the Subrecipient Grant process consultation or areas for improved coordination? Agency/Group/Organization and through involvement in community activities/events. 27 Yvonne Richardson Community Center - YRCC Agency/Group/Organization Type Services-Children ........ _.... What section of the Plan was addressed by Consultation? i Non-Housing Community Development Needs Briefly describe how the Agency/Group/Organization was We consult with YRCC through their participation in the Subrecipient consulted. What are the anticipated outcomes of the Grant process and through involvement in community activities/events. consultation or areas for improved coordination? 28 Agency/Group/Organization One Community Agency/Group/Organization Type Services-Children Services -Education What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs Briefly describe how the Agency/Group/Organization was We consult with One Community through their participation in the consulted. What are the anticipated outcomes of the Subrecipient Grant process and through involvement in community consultation or areas for improved coordination? activities/events. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 16 29 Agency/Group/Organization Agency/Group/Organization Type Central United Methodist Church Services - Housing Services-hotneless What section of the Plan was addressed by Consultation? Homeless N ?eds - Chronically homeless Homeless N reds - Families with children Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? i Homelessness Needs -Veterans Homelessness Strategy We consult with Central United Methodist Church through their participatioli in the Subrecipient Grant process and through involvement in communi :y activities/events. Identify any Agency Types not consulted and provide rationale for not cc nsulting There are no agency types, we are aware of, in our community that are not const lted. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of, -our Strategic Plan overlap with the goals of each plan? Continuum of Care NWA Continuum of The City of Fayetteville Community Resources Division takes the needs identified by the NWA Care CoC into account as part of th a development of the Strategic Plan. Fayetteville Housing Fayetteville Housing Authority Plan Authority Narrative (optional) OMB Control No: 2506-0117 (exp. 06/30/2018) The goal overlap between ou - organizations can vary from year to year. The City of Fayetteville receives a copy o: the FHA plan annually to ensure consistency with the City's Consolidated Plan. Table 3 — Other local / regional / fede ral planning efforts Annual Action Pl2n 2018 17 AP -12 Participation — 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting The City of Fayetteville CDBG activities are designed and carried out based on local needs. Through public meetings, consultation with area public and non-profit service agencies, informal discussion with citizens, studies, city staff and special purpose committees; input from community stakeholders is sought and integrated into designating action priorities. In addition, a Community Development Outreach Quarterly publication serves to inform the community of current and future program projects and services. We realize that even in our connected age not everyone has access to the internet; therefore, the Outreach Quarterly is distributed in printed format to more than 40 locations in our community. The Outreach Quarterly also provides the community with program contact information so citizens can provide feedback/input. We implement and participate in community events to both provide information about the programs we offer and to receive input from citizens about our programs and community needs. A summary of the Action Plan and Budget was published in conjunction with, announcing the public comment period and a public hearing, in the Northwest Arkansas Democrat Gazette on May 20, 2018 and May 23, 2018. It was also published in the Week of May 20th issue of the weekly publication La Prensa Libre (Spanish). Finally, the information was posted to the City's website at http://www.fayetteville-ar.gov throughout the public comment period. The public comment period ran from May 24, 2018 through June 22, 2018. A public hearing was held on June 6, 2018 at 5:30 p.m. A draft of the 2018 Action Plan was made available to the public in the City Clerk's Office and the Community Resource Office throughout the public comment period. Community Resources reviews our citizen participation process regularly and seeks opportunities to expand community access and increase citizen participation. Organizations in the community seeking funding assistance receive technical support throughout the Subrecipient Grant Process. This begins in August with a mandatory grant workshop for all entities seeking funding for the upcoming year. The grant workshop provides all organizations that want to submit an application with a walk through of the grant application and an opportunity to ask questions and provide input. The workshop also provides information on the availability of technical assistance throughout the application process and who to contact for Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 18 assistance. Those applicants included in the Action Plan receive technical support throughout the grant year to answer any questions and provide support/assistance throughout the entire time they are receiving CDBG funds. Citizen Participation Outreach Sort Ord Mode of Outrea Target of Outrea er ch ch 1 Newspaper Ad Non-English Speaking - Specify other language: Spanish (La Prensa Libre) Non- targeted/broad community OMB Control No: 2506-0117 (exp. 06/30/2018) Summary of response/attendan ce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (If applicable) The newspaper ads are placed in two papers; the NWA Democrat Gazette and La Prensa Libre (Spanish). We Any public don't currently comrients have a method of recei ied are tracking how many sumr iarized on There were not people respond to Secti,)n AP -05 comments that were the ads however, ExeciAive not accepted. we are confident Summary item #5 that by utilizing the Summary of two major print publi: comments. media sources in our community that we are reaching a wide section of the city. Annual Action Pla i 2018 19 Sort Ord er Mode of Outrea ch Target of Outrea ch ..................... Summary of response/attendan ce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (if applicable) _ We utilize the City of Fayetteville website and the Community Resources Division Facebook page (Ranger's Pantry Any public Pet Food Bank) to announce public comments received are comment periods Non- summarized in There were not Internet and public hearing http://www.fayettevil 2 targeted/broad Section AP -05 comments that were Outreach dates. We also le-ar.gov community Executive not accepted. utilize the City of Summary item #5 Fayetteville website Summary of to post copies of public comments. the current Action Plan and CAPER making them accessible to the community for review and comment. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 20 Sort Ord Mode of Outrea Target of Outrea er ch ch 3 1 Public Hearing Non- targeted/broad community OMB Control No: 2506-0117 (exp. 06/30/2018) Summary of response/attendan ce A public hearing was held on June 6, 2018 at 5:30 p.m. The hearing was attended by program staff and a citizen. We have tried a variety of means to increase participation and continue to explore new ways to generate interest. We have lots of response/attendan ce at our community events and are working to get better response to our public hearings. Summary of 1 Summary of comme comments receiv nts not accepted ed and reasons Any )public comments received are sumriarized in Secti ,)n AP -05 Executive Summary item #5 Summary of public comments. Annual Action Pla i 2018 There were not comments that were not accepted. URL (if applicable) 21 Outreach Quarterly Non- targeted/broad community Residents of Public and Assisted Housing OMB Control No: 2506-0117 (exp. 06/30/2018) The Community Resources Outreach Quarterly includes information on any upcoming activities related to the Consolidated Plan, Action Plan, CAPER, public comment periods, etc. We don't currently have a method of tracking how many people respond due to the Outreach Quarterly. We know that some of the 43 locations in the community where we distribute the 'newsletter, reach segments of the population that may not have easy access to the Any public comments received are summarized in Section AP -05 Executive Summary item #5 Summary of public comments. Annual Action Plan 2018 There were not comments that were not accepted. 22 Sort Ord Mode of Outrea Target of Outrea Summary of Su rmary of Summary of comme URL (if applicable) er ch ch response/attendan com: nents receiv nts not accepted ce ed and reasons 1 Internet or the local paper. I i Table 4—Citizen Partici patio r Outreach Annual Action Pla i 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 23 Expected Resources AP -15 Expected Resources — 91.220(c)(1,2) Introduction The City of Fayetteville understands that there are fluctuations in the annual allocation of CDBG funds and in the amount of program income taken in annually. We prepare our initial (estimated) annual budget with the knowledge that there will be adjustments made when notification of the actual allocation is received and as the actual amount of program income is determined. Anticipated Resources Program Source of Uses of Funds Expected Amount Available Year 1 Expected Amount I Narrative Description Annual Program Prior Year Total: Funds Allocation:. Income: Resources: $ Available $ $ $ Remainder of ConPlan $ CDBG public - Acquisition Actual funding for 2018 (Year 3) is shown federal Admin and on the Annual Allocation line, along with Planning an estimate of Program Income for 2018 Economic (Year 3). Prior Year Resources is the Development amount in IDIS at the beginning of 2018 Housing (Year 3). The Years 4-5 (2019 - Public 2020)estimate is based on the 2018 (Year Improvements 3) actual allocation amount. Public Services 668,915 10,000 785,023 1,463,938 1 1,337,830 Table 5 - Expected Resources — Priority Table Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 24 Explain how federal funds will leverage those additional resources (priva :e, state and local funds), including a description of how matching requirements will be satisfied The CDBG program does not have a match requirement. There are times when s ibrecipients are able to utilize their CDBG award to leverage additional funding into their programs. Annual Action Pla 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 25 If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Fayetteville has three properties that were purchased with CDBG funds and are utilized in our CDBG Public Facility Lease Program. When one of the three buildings becomes available they are offered through a competitive application process to local non -profits that benefit exclusively or primarily LM residents of Fayetteville. Applicants must show that their utilization of the property fits within HUD Guidelines and will benefit the LMI population. Upon being awarded a CDBG Public Facility Lease the non-profit signs an agreement leasing the property for $1/year with the understanding that they are responsible for utilities, insurance and routine maintenance/upkeep on the property. Discussion Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 26 Annual Goals and Objectives AP -20 Annual Goals and Objectives Goals Summary Information Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order : Year Year Area 1 Administration 2016 2020 Administration Administration CDBG: and Planning and Planning and Planning $92,088 2 Housing 2016 2020 Affordable Housing CDBG: Homeowner Housing Rehabilitated: Housing $425,785 10 Household Housing Unit .__......... 3 Redevelopment 2016 2020 Affordable Redevelopment CDBG: —_...... Housing Code Housing $64,042 Enforcement/Foreclosed Property Care: 8 Household Housing Unit 4 Public Services 2016 2020 Homeless Public Services CDBG: Public service activities other than Non -Homeless $87,000 Low/Moderate Income Housing Special Needs Benefit: 794 Persons Assisted Non -Housing Public service activities for Community Low/Moderate Income Housing Development Benefit: 75 Households Assisted 5 Public Facilities 2016 2020 Homeless Public Facilities CDBG: $0 Public Facility or Infrastructure Non -Homeless Activities other than Low/Moderate Special Needs Income Housing Benefit: 0 Persons Non -Housing Assisted Community Development Annual Action Pla-i 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 27 Table 6 — Goals Summary Goal Descriptions 1 Goal Name Administration and Planning Goal Administration and Planning funds are used for a portion of the salary and benefits of the Community Resources Director, Description administrative staff, office supplies, travel and training costs, some Fair Housing activities and other costs associated with administration of community development activities. CDBG funds allocated - $92,088. Location: Development Services Building, 125 West Mountain Street, Fayetteville, Arkansas 72701. 2 Goal Name Housing Goal This allocation provides housing rehabilitation and repairs to low and moderate income persons in owner -occupied Description housing. The rehabilitation services are offered up to $25,000 on a single property. The program provides labor, materials, project management, Lead Based Paint (LBP) Hazard Control, and other associated costs to bring a home into compliance with State and City Housing Codes. Emphasis is placed on repairs that improve energy efficiency, alleviate deferred maintenance conditions, provide safety devices and/or replace principal fixtures and components. CDBG funds allocated - $425,785 which includes salary and program delivery costs for management and oversight of all housing programs. Ten households to be served with rehabilitation/repair of the owner -occupied homes. Location: Citywide, when there is a waiting list, applicants are prioritized according to established criteria to give highest priority to those most in need of services. Priority criteria include: very low income, elderly, disabled, single -parent household, lead-based paint hazards in home and homes located in the Target Area. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 28 3 Goal Name Redevelopment Goal Description Program activities conducted throughout Fayetteville, with emphasis in the Target Area, include code compliance, clearance and demolition, and when funds are available land acquisition for attainable housing. Eight households to be served. CDBG funds allocated - $64,042. Location: Through )ut the City of Fayetteville with emphasis in the identified Target Area in southeast Fayetteville. 4 I Goal Name I Public Services Goal Providing public services to LMI residents; internally through the City of Fayetteville Transportation Program and externally Description through the Subrecipient Grant Program for non -profits prop iding services to Fayetteville residents. There will be one internal program and six (6) external subrecipients funded in 2018 (Year 3). The internal program is the City of Fayetteville Transportation Program (taxi and transit components) - $42, 3100. The subrecipients in 2018 (Year 3) are: Big Brothers Big Sisters of NWA - $7,000, CASA of NWA - $10,000, Central Un ted Methodist Church - $10,000, Credit Counseling of Arkansas $4,548, One Community- $9,500, and Welcome Health -$3,952. Public services allocations total $87,000 and were made taking the funding cap into consideration. 5 1 Goal Name I Public Facilities Goal Description Public facility projects assist with construction, renovation at id development of facilities utilized by local non-profit organizations to provide services to LMI Fayetteville residents. 2018 (Year 3) plans do not have any public facility projects at this time. Annual Action Plai 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 29 Projects AP -35 Projects — 91.220(d) Introduction The City of Fayetteville's Priority Needs and the Subrecipient Grant Process determined the projects to be included in the Annual Plan for Year 1. The projects listed below are the City of Fayetteville and subrecipient projects that will be undertaken. Projects # Project Name 1 Administration and Planning 2 Housing Program 2018 3 Redevelopment Program 2018 Transportation Program 2018 4 5 Big Brothers Big Sisters of NWA PS 2018 6 CASA of NWA PS 2018 7 Central United Methodist Church PS 2018 8 Credit Counseling of Arkansas PS 2018 9 One Community PS 2018 10 Welcome Health PS 2018 Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) We AP -38 Project Summary Project Summary Information Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 31 1 Project Name Administration and Planning Target Area Goals Supported Administration and Planning Needs Addressed Administration and Planning Funding CDBG: $92,088 Description Administration and Planning funds are used for a portion of the salary j and benefits of the Community Resources Director, administrative ` staff, office supplies, travel and training costs, some Fair Housing activities and other costs associated with administration of community development activities. Target Date 12/31/2018 Estimate the number Funding for administration and planning costs of the grant are allowed and type of families for CDBG. CDBG rules do not require that beneficiaries be reported for that will benefit from administration and planning activities; therefore there is not a goal the proposed activities outcome indicator selected. Location Description Administration and planning activities occur at the Community Resources offices located at 125 W Mountain Street, Fayetteville AR 72701. Planned Activities Administration and planning activities necessary to provide program Project Name oversight, implementation, and planning. 2 Housing Program 2018 Target Area Goals Supported Housing Needs Addressed Housing Funding i CDBG: $425,785 Description The Housing Program does rehabilitation and repair to bring low- and moderate- income owner occupied residences in Fayetteville up to city code, increase energy efficiency and address lead-based paint issues. i Target Date 12/31/2018 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 32 3 Estimate the number and type of families that will benefit from the proposed activities Location Description Based on previous years it was estimated in the Con Plan (2016- 2020) that housing rehabilitation and/or repair would be provided to 19 LMI households each year. In Year One (2016) of the Con Plan it was found that the current construction market in Fayetteville had created an environment where the bids received on projects were significantly higher than the estimates for the work. This trend continued into 2017. This caused the number of projects completed in 2016 and 2017 to fall short of the original estimate. The construction market in Fayetteville remains the same as in 2016 and 2017; therefore, we are adjusting the projected number of housing rehabilitation and repair projects for 2018 to 10 (ten). Citywide, when there is a waiting list applicants are prioritized according to established criteria to give highest priority to those most in need of services. Priority criteria include: very low income, elderly, disabled, single -parent household, lead-based paint hazards in home and homes located in the Target Area. Planned Activities The Housing Program will provide housing rehabilitation and repair to 1 management, Lead Based Paint (LBP) Hazard Control, and other associated costs to bring a home into compliance with State and City Housing Codes. Emphasis is placed on repairs that improve energy efficiency, alleviate deferred maintenance conditions, provide safety devices and/or replace principal fixtures and components. Redevelopment Program 2018 Project Name Target Area Goals Supported Redevelopment Needs Addressed Redevelopment Funding CDBG: $64,042 Code compliance assistance provided to low- and moderate- income Description owner -occupied properties in the City of Fayetteville. 12/31/2018 Based on previous years we estimate providing redevelopment to 8 Target Date Estimate the number and type of families LMI households. that will benefit from the proposed activities Citywide with emphasis in the identified Target Area in southeast Location Description Fayetteville. Annual Action Plan 33 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 34 Planned Activities The Redevelopment Program will provide code compliance assistance to qualified applicants. The program provides labor, project management, and other associated costs to bring a property into compliance with City codes. 4 Project Name ........ ......... Transportation Program 2018 Target Area Goals Supported Public Services Needs Addressed Public Services f Funding CDBG: $42,000 Description The Transportation Program consists of two components - taxi and transit. The taxi component provides supplemental transportation in the form of taxi coupons for elderly and/or disabled residents of Fayetteville. The transit component provides transportation assistance in the form of bus passes to qualifying low- and moderate- income residents of Fayetteville. Target Date 12/31/2018 Estimate the number We estimate that 500 individuals will benefit from the transportation and type of families program in 2018 (Year 3). that will benefit from the proposed activities Location Description The Transportation Program is citywide. Applications are taken and the program is administered at the Community Resources offices located at 125 W Mountain Street, Fayetteville AR 72701. Planned Activities Taxi coupons will be provided to qualified elderly and/or disabled residents of Fayetteville. Transit (bus) passes will be provided to ! qualified LMI residents of Fayetteville. Big Brothers Big Sisters of NWA PS 2018 5 Project Name Target Area Goals Supported Public Services Needs Addressed Public Services Funding CDBG: $7,000 Description The BB/BS Fayetteville Kids program will provide mentors to at-risk children living in Fayetteville. This will include the recruitment and training of adult volunteer mentors. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 34 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Target Date 12/31/2018 Estimate the number Big Brothers Big Sisters of NWA projects serving 75 at-risk children. and type of families that will benefit from the proposed activities Location Description Community wide. Bigs sometimes meet their Littles at partner sites such as schools and youth centers. Other times Bigs take their Littles to area events and activities such as theater productions, community events, museums, and libraries. Planned Activities Site-based matches meet once a week for an hour during lunch or after school to work on homework, play, and talk. Community-based matches meet two to four times a month to participate in area events and activities such as the theater, sporting events, museums, etc. 6 Project Name CASA of NWA PS 2018 Target Area Goals Supported Public Services Needs Addressed Public Services CDBG: $10,000 Funding Description CASA volunteers will provide advocacy to abused and neglected children in Fayetteville. Target Date 12/31/2018 Estimate the number CASA of NWA projects serving 25 abused and neglected children from and type of families Fayetteville. that will benefit from the proposed activities Location Description Community wide. CASA advocates visit the child(ren) in their foster homes, go to court and other locations related to the child's well- being. In the course of a year, each child will be visited in their foster home at Planned Activities least once per month. In addition, each child will receive 5-10 hours of advocacy every month to ensure the child is safe, happy and receiving the appropriate medical, psychological and educational services. 7 Project Name Central United Methodist Church PS 2018 Target Area ---......-_...--....._..._.._...... Goals Supported Public Services Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 36 Needs Addressed Public Services Funding CDBG: $10,000 Description Central United Methodist Church will provide rapid rehousing assistance to homeless individuals and families. Assistance will include; first monthAzts rent, security deposit, down payment and/or apartment application fees. Target Date 12/31/2018 Estimate the number Central United Methodist Church projects serving 75 households. and type of families that will benefit from the proposed activities Location Description City wide. Planned Activities Central United Methodist Church will provide rapid rehousing assistance to homeless individuals and families. Assistance will include; first month's rent, security deposit, down payment and/or apartment application fees. 8 Project Name Credit Counseling of Arkansas PS 2018 Target Area Goals Supported Public Services Public Services Needs Addressed Funding CDBG: $4,548 Description Credit Counseling of Arkansas (CCOA) will provide one-on-one financial counseling sessions and financial education classes. Target Date 12/31/2018 Estimate the number CCOA projects serving 160 individuals. and type of families that will benefit from the proposed activities Location Description Sessions will be provided at the CCOA offices located at 1111 Zion Road in Fayetteville. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 36 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 37 Planned Activities CCOA will provide one-on-one financial counseling sessions and financial education classes. Individual sessions will focus attention on a personal finance matter such as budgeting, debt reduction, or improving credit. Financial education classes introduce participants to a broad range of principles and tools to help manage personal finance matters. 9 Project Name One Community PS 2018 Target Area Goals Supported Public Services Needs Addressed Public Services Funding CDBG: $9,500 Description One Community will implement a summer family literacy program that promotes reading through fun, interactive reading experiences and encourages parents to be involved in their children's reading and I Pdiwation. — Target Date 12/31/2018 Estimate the number One Community projects serving 20 LMI households. and type of families that will benefit from the proposed activities The program will be held at Willow Heights a local public housing site Location Description located at 10 S Willow in Fayetteville. .. ............ ............ . Planned Activities One Community will implement a summer family literacy program that promotes reading through fun, interactive reading experiences and encourages parents to be involved in their children's reading and education. The program involves a weekly curriculum. The sessions focus on literacy themes and strategies to teach parents how to read to their children at home. The program incorporates music, dance and singing to encourage participation. There are also take-home activities to encourage parents and children to interact. 10 project Name Welcome Health PS 2018 Target Area Goals Supported Public Services Needs Addressed Public Services Funding J CDBG: $3,952 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 37 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 38 Description Welcome Health will provide access to free comprehensive dental care to uninsured low-income families who reside in the City of Fayetteville Target Area. Target Date 12/31/2018 Estimate the number Welcome Health projects serving 14 LMI individuals. and type of families that will benefit from the proposed activities Location Description Dental services will be provided at Welcome Health located at 1100 N Woolsey Avenue in Fayetteville. Planned Activities Free comprehensive dental care will be provided to uninsured low- income families who reside in the City of Fayetteville Target Area. Services will include oral exams, x-rays, fillings, extractions, dental hygiene cleanings, fluoride treatments, sealants, stainless steel crowns, denture services, nutrition education, and oral health education. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 38 AP -50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Funding for all projects is citywide as the LMI population of Fayetteville can be found throughout the city. The Redevelopment Program is available citywide with a focus on the self -identified Target Area. Geographic Distribution Target Area j Percentage of Funds 1 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The City of Fayetteville feels that it is important to reach as much of the LMI population as possible through the projects receiving CDBG funds. Allocations to projects that are available to all LMI residents meet this goal. Discussion There have been projects in the past that have targeted specific areas of the community and could be in the future. The current needs of the community are best met by the projects included in the Action Plan and they are available to LMI residents throughout the City. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 39 Affordable Housing AP -55 Affordable Housing — 91.220(g) Introduction As detailed in the Con Plan maintaining the affordable housing stock is a priority for the City of Fayetteville. This is accomplished through housing rehabilitation and repair to LMI owner -occupied homes. Emphasis is placed on bringing homes into compliance with State and City Codes, improving energy efficiency, alleviating deferred maintenance conditions, providing safety devices, and when needed addressing lead based paint issues. One Year Goals for the Number of Households to be Supported Homeless 0 Non -Homeless 10 Special -Needs 0 Total 10 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 10 Acquisition of Existing Units 0 Total 10 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion The one year goals for households to be supported was determined through looking at previous years' project numbers to make an estimate of the number of households that will receive support through rehabilitation/repair. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 40 AP -60 Public Housing — 91.220(h) Introduction The Fayetteville Housing Authority is the public housing provider in Fayetteville. The Fayetteville Housing Authority has three programs: Public Housing, Section 8 and HUD/VASH. We work closely with the Fayetteville Housing Authority. Actions planned during the next year to address the needs to public housing The City of Fayetteville Annual Action Plan does not have actions specific to public housing. The actions planned by the Fayetteville Housing Authority are delineated in the Public Housing sections of the Con Plan. Actions to encourage public housing residents to become more involved in management and participate in homeownership The City of Fayetteville CDBG is not directly involved with these activities; however, through consultation with the Fayetteville Housing Authority and access to their 5 -year plan we are aware of activities aeslgnea io increase resiaeni invoivement. hiiicrest i ower (eiaeny ana aisameaj nas an active Resident Council that meets regularly. CDBG staff does periodic presentations to this council to provide information about programs we provide and to give residents an opportunity to share information/thoughts/needs with us. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Fayetteville Housing Authority is not designated as troubled. Discussion The Fayetteville Housing Authority is an important component of meeting the housing needs of Fayetteville. The City of Fayetteville will continue to support and work with the Fayetteville Housing Authority. We do have one subrecipient, as detailed in the projects section, that will be doing a summer bilingual family reading program at a public housing site. OneCommunity will be doing this program at Willow Heights and will be working with parents and children to encourage reading and foster improved family interaction around learning and sharing. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 41 AP -65 Homeless and Other Special Needs Activities — 91.220(i) Introduction The City of Fayetteville recognizes the need for homeless and other special needs activities in our community. Participation in the NWA Continuum of Care, consultation/partnership with local service providers, and hosting/participation in community events keep us apprised of the needs in our community. The Subrecipient Grant Program and the provision of staff for the Hearth Program are the primary ways the City addresses homeless and other special needs activities. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City's involvement in the NWA Continuum of Care and ongoing consultation/partnership with local service providers is our primary method of reaching out to homeless persons and assessing their needs. Hosting and participating in community events is another method utilized to reach out. For example, our annual CDBG in the Park event is widely attended by homeless persons who in addition to receiving lunch have an opportunity to learn more about our programs and programs offered by other organizations/agencies in our community. Addressing the emergency shelter and transitional housing needs of homeless persons The Subrecipient Grant Program which provides funds for public services and public facilities has been the primary method that the City has to address emergency and transitional housing needs in our community. The subrecipients included in the 2018 action plan do not specifically address emergency shelter and transitional housing needs. We also address transitional housing through the provision of CDBG funded staff to provide oversight and case management for the City of Fayetteville Hearth Program. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The Subrecipient Grant Program which provides funds for public services and public facilities is one method that the City has to help homeless persons. The 2018 Action Plan includes a subrecipient, Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 42 Central United Methodist Church, that will be provided rapid rehousing assistance to homeless individuals/families. The City of Fayetteville will, during the period of this action plan, help homeless persons make the transition to permanent housing through the provision of CDBG funded staff to provide oversight and case management for the City of Fayetteville Hearth Program. In addition, the City partners with local service providers and participates in the NWA Continuum of Care to address the issues homeless persons face. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The Subrecipient Grant Program which provides funds for public services and public facilities is the method that the City has to help low-income individuals and families receive assistance from other agencies. This action plan includes funding for programs that will address LMI youth needs in our community. The youth centered programs will be offered by Big Brothers Big Sisters of NWA (mentoring), CASA or NWA (advocacy for abused and neglected children), and One Community (literacy). Low-income individuals will receive assistance from Credit Counseling of Arkansas (financial counseling and education) and Welcome Health (dental care). In addition, the City partners with local service providers and participates in the NWA Continuum of Care to address the issues those at risk of homelessness face. Discussion The City of Fayetteville through the processes described throughout the Con Plan strives to identify and provide support for those in our community who need it most. Funding levels do not allow all of the organizations/agencies that address homeless and special needs activities to receive support in a given year but we utilize the assessment tools available to us to determine the best projects to implement annually. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 43 AP -75 Barriers to affordable housing — 91.220(j) Introduction: In February of 2016 an Analysis of Impediments to Fair Housing Choice (AI) was completed by J -Quad Planning Group, LLC for the City of Fayetteville. A public policy review was a component of the Al. The Al determined that the City of Fayetteville's land development codes and zoning regulations address affordable housing and offer the provision of making allowances through the code to allow the construction of a variety of types of housing including single family and multifamily housing. Regulations allow unrelated persons to reside in a single family structure and have adequate provisions for group homes and special needs populations. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The Al did not identify any public policy barriers to affordable housing. Discussion: Community Resources is cognizant of the importance of being aware of any proposed public policy changes that could create a barrier to affordable housing. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 44 AP -85 Other Actions — 91.220(k) Introduction: The areas listed below are explored in greater detail in other sections of the Con Plan, this section broadly describes the actions planned to address the various areas. Actions planned to address obstacles to meeting underserved needs The City of Fayetteville will continue to consult with local organizations/agencies, seek public input, and participate in the NWA Continuum of Care to stay aware of the needs of the community, identify obstacles to meeting underserved needs and provide assistance in addressing them. Actions planned to foster and maintain affordable housing Maintaining the affordable housing stock is a priority for the City of Fayetteville. This is accomplished through housing rehabilitation and repair to LMI owner -occupied homes. Emphasis is placed on bringing homes into compliance with State and City Codes, improving energy efficiency, alleviating deferred maintenance conditions, providing safety devices, and when needed addressing lead based Actions planned to reduce lead-based paint hazards All housing rehabilitation and repair projects the City does adhere to lead based paint regulations. Lead- based paint testing is done as required, determined by the age of the home and type/cost of work being performed. When lead-based paint is found lead-based paint hazards are remediated as appropriate according to the LBP regulations. In all rehabilitation projects, lead safe work practices are used at all times when lead is present. Actions planned to reduce the number of poverty -level families The City of Fayetteville partners with local agencies and participates in the NWA Continuum of Care in local efforts to develop goals, programs and policies for reducing the number of poverty -level families. The City of Fayetteville anticipates allocating CDBG funds to activities that will assist poverty level families in Fayetteville. Specific activities will be identified in each year's Action Plan. Examples of activities we have funded that assist poverty level families include the City's transportation program for LMI individuals and public service activities that support mentoring, literacy, after school, and summer Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 45 programs for LMI children. Actions planned to develop institutional structure The Community Resources Division (CR) of the City of Fayetteville oversees the CDBG programming for our community. CR administers the internal housing, redevelopment and transportation programs that are funded through CDBG. CR also administers and monitors the CDBG funds allocated to public services and public facilities in our community. We ensure that internal and external programs follow HUD guidelines and benefit the LMI population. The City has not identified any gaps in the institutional delivery system. The City of Fayetteville will continue to consult with local organizations/agencies, seek public input, and participate in the NWA Continuum of Care to stay aware of the needs of the community and provide assistance in addressing them. The Subrecipient Grant Program will remain the primary way that we will provide assistance to organizations/agencies in the community that benefit LMI Fayetteville residents. Actions planned to enhance coordination between public and private housing and social service agencies The City of Fayetteville will continue to consult with local organizations/agencies, seek public input, and participate in the NWA Continuum of Care to stay aware of the needs of the community and provide assistance in addressing them. Discussion: The City recognizes the importance of combining the information available from others in our community with the information we have internally to develop actions that will benefit Fayetteville. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 46 Program Specific Requirements AP -90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction: Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 47 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division /Org2 COMMUNITY RESOURCES (642) 2018 Adjustment Number Requestor: Lisa Darden BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Budget adjustment reconciling the CDBG budget with HUD/IDIS and recognizing additional 2018 CDBG funding. R ESO LUTI O N/0 R D I NA N CE COUNCIL DATE: LEGISTAR FILE ID#: 7/3/2018 2180-0319 L &3/ }f uto e*w 6/18/2018 11:13 AM Budget Director TYPE: DESCRIPTION: GLDATE: POSTED: Date TOTAL (123,065) [123,065] v.20180417 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub AT Account Name 2180.642.4930-5100.20 2180.642.4930-5101.00 2180.642.4930-5210.00 12,000 - EX Salaries/Wages - PT Seasonal,_ Temp 100 - EX Overtime - General 1,000 - EX Minor Equipment - 2180.642.4930-5301.00 2,000 EX Public Notification - 2180.642.4930-5315.00 (_39,376) EX Contract Services - : 2180.642.4930-5302.00 100 EX Uniforms/Personal - Equipment 2180.642.4930-5320.01 200 EX Bank Charges - Service 2180.642.4940-5101.00 200 - EX Overtime - General 2180.642.4940-5111.00 1,000 - EX Workers Compensation - Insurance 2180.642.4940-5120.00 50,000 - EX Personnel Other - Contra 2180.642.4940-5210.00 _ 5,000 W EX Minor Equipment - 2180.642.4940-5315.00 58,757 - EX Contract Services - 2180.642.4940-5315.05 10,000 - EX Contract Services - Minor Rehab 2180.642.4945-5210.00 4,000 - EX Minor Equipment - : 2180.642.4945-5303.00 100 - EX Publications & Dues - 2180.642.4945-5309.02 200 EX Lease - Software 2180.642.4945-5315.00 (10,000) EX Contract Services - 2180.642.4945-5390.01 (6,262) EX CDBG Projects - Community Outreach Prc 2180.642.4970-5390.00 (40,000) EX CDBG Projects - Undesignated 2180.642.4970-5390.02 8,168 EX CDBG Projects - Transportation Services 2180.642.4990-5390.00 (180,000) EX CDBG Projects - Undesignated 2180.642.4990-5390.54 (252) - EX CDBG Projects - NWAEDD 2180.642.4930-4320.00 (52,279) RE Grant Funding CDBG - Grant Funding CDE 2180.642.4930-4999.97 - (70,786) RE Use Fund Balance - Prior H:\Budget\Budget Adjustments\2018_Budget\CITY_COUNCIL\2018-07-03\2018-0319 Block Grant Action Plan 1 of 1 08.27.18 These documents were taken directly to the Mayor's office for signature. They were brought to to our office to run through the proper process and so we would have a copy to put with the Resolution. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 149-18 File Number: 2018-0319 2018 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN: A RESOLUTION TO APPROVE THE 2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN, TO AUTHORIZE THE MAYOR TO EXECUTE THE CDBG AGREEMENT FOR 2018 IN THE AMOUNT OF $668,915.00 WHEN RECEIVED, AND TO APPROVE A BUDGET ADJUSTMENT 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 authorizes Mayor Jordan to execute the Community Development Block Grant (CDBG) Agreement for 2018 in the amount of $668,915.00 when received, and approves the 2018 Action Plan, a full copy of which is attached to this Resolution, proposed as follows: Administration $92,088.00 Housing Program $425,785.00 Redevelopment Program $64,042.00 Big Brothers Big Sisters of NWA $7,000.00 Court Appointed Special Advocates of NWA $10,000.00 Central United Methodist Church $10,000.00 Credit Counseling of Arkansas $4,548.00 One Community $3,952.00 Transportation $42,000.00 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page T Printed on 7J5/fS Resolution: 149-18 PASSED and APPROVED on 7/3/2018 Attest: Sondra E. Smith, City Clerk Treasurer Page 2 Primed on 7/3/18 Q.�MCfI�dT O,c. °G� IIIII� I de �flN DEVE4 August 22, 2018 The Honorable Lioneld Jordan, Mayor City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Jordan: U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Little Rock Field Office, Region VI Office of Community Planning and Development 425 West Capitol Avenue, Suite 1000 Little Rock, AR 72201 Phone (501)324-6375 Fax (501)324-5954 www.hudgov or espanolhudgov RECEIVED AUG 2 7 20% CICKSFFCTYLRoiCE RECEIVED AUG 2 4 2018 CITY OF FAYETTEVILLE MAYOR'S OFFICE I am pleased to inform you of your community's Fiscal Year (FY) 2018 allocation for the Office of Community Planning and Development's (CPD) formula programs, which provide funding for housing, community and economic development activities, and assistance for low - and moderate -income persons and special populations across the Country. The Program Year for these funds began on January 1, 2018. Your community's FY 2018 available amount is: Community Development Block Grant (CDBG) $668,915 HUD noted that the Consolidated Plan/Annual Action Plan submitted for the use of these funds provided the actual amount listed above for CDBG. Enclosed are four copies of the Grant Agreement and Funding Approval form that have been executed by this office. This document constitutes the contract between the U. S. Department of Housing and Urban Development (HUD) and the City of Fayetteville for the CDBG program. Please sign all copies. After execution, please return three copies to this office as soon as possible. One copy should be retained in the City's files. You are reminded that certain activities are subject to the provisions of 24 CFR Part 58 (Environmental Review Procedures for the Community Development Block Grant Program). Funds for such activities may not be obligated or expended unless HUD has approved a release of funds in writing. A request for release of funds must be accompanied by an environmental certification. The Consolidated Plan/Annual Action Plan includes funds for the planning or construction of water or sewer facilities which are subject to review under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing rules at 24 CFR Part 52. The Consolidated Plan was submitted to the State Clearinghouse for review on June 27, 2018, pursuant to E.O. 12372. When there are no comments provided that will require accommodation, HUD may release fiends for the covered activities. In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sep. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding and Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170. HUD again urges grantees to consider the needs of returning veterans and their families in the design and administration of these formula programs. Our fellow Americans have served our Nation on the battlefields of Iraq and Afghanistan and seemingly countless other places around the globe. Many veterans are returning to our communities with wounds and injuries that may make it difficult for them to find housing or support themselves and/or their families. I ask that you consider their sacrifice and ensure that these men and women receive every appropriate consideration in the use of these funds at the local level. CPD looks forward to working with you in a true partnership to successfully meet the challenges we face in FY 2018. On behalf of the Department, I wish the City of Fayetteville much success in the use of these resources to implement the City's community development initiatives. If you have questions, or if we may be of assistance to the City in the implementation of its CDBG Program, please contact me on (501) 918-5739, or Lisa Spigner, Community Planning and Development Representative, on (501) 918-5734. Sit ccrei . } Clinton E. Johnson, Director Community Planning and Development Enclosures cc: Ms. Yolanda Fields Funding Approval/Agreement U.S. Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act (Public Law 930383) Community Development Block Grant Program OMB Approval No. 2506-0193 HI -00515R of 20515R exp 5/31/2018 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3a. Grantee's 9 -digit Tax ID Number 3b. Grantee's 9 -digit DUNS Number City Of rayeiteville 716018462 141310578 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 4. Date use of funds may begin 01/01/2018 113 West Mountain 5a. Project/Grant No. 1 6a. Amount Approved Fayetteville, AR 72701 B -18 -MC -05-0001 $668,915.00 51b. Project/Grant No. 2 61b. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title f of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title 1 assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub - recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name 3 6 Clinton Johnson City Of Fayetteville F Title Title 'Pl it or Mayor Li eld Jordai Si r Date (mmltltllyyyy) 5gnatu Dat m fd } 08/22/2018 ., .�. Y PrQ ect Number Amount 7. Category iof Ti e I A Iris Fun ing Action: 8. Special Conditions Ia. Date HUD(Keg6ed Submission 10. check one Entered By (check one) 07/151201 24 CFR 570 form HUD -7082 (5/15) ® a. Orig. Funding Entitlement, Sec 106(b) ❑ None ® Attached Approval ❑ b. Amendment Amendment Number 9b: Date Grantee Notified 08/22/2018 9c. Date of Start of Program Year (01/01/2018) 11. Amount of Community Development Block Grant FY 2018 FY 2017 FY a. Funds Reserved for this Grantee $668,863.00 $ 52.00 b. Funds now being Approved c. Reservation to be Cancelled Ila minus 11b 12a. Amount of Loan Guarantee Commitment now being Approved 121b. Name and complete Address of Public Agency N/A City Of Fayetteville 1 13 West Mountain Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Fayetteville, AR 72701 Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions 12c. Name of Authorized Official for Designated Public Agency of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. Title Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) TH 1 5 1 7 3 6 m 7::] F I E Y Project Number Amount Y PrQ ect Number Amount Date Entered PAS (mm/ddlyyyy) Date Entered LOCOS (mmlddlyyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD -7082 (5/15) Special Conditions. (a) The period of performance for the funding assistance specified in the Funding Approval ("Funding Assistance") shall begin on the date specified in item 4 and shall end on September 1, 2025. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2025. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct Department/Agency Indirect cost rate Cost Base Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (c) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication -related, water- related and wastewater -related infrastructure), other structures designated for use by the general public or which have other common -carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372 -Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Lavv 930383) HI -00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 113 West Mountain Fayetteville, AR 72701 U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program OMB Approval No. 2506-0193 exp 5/31/2018 3a. Grantee's 9 -digit Tax ID Number 3b. Grantee's 9 -digit DUNS Number 716018462 141310578 4. Date use of funds may begin 01/01/2018 Title 5a. Project/Grant No. 1 6a. Amount Approved B -18 -MC -05-0001 $668.915.00 5b. Project/Grant No. 2 6b. AmountApproved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement, Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval, The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58, The Grantee further acknowledges its responsibility for adherence to the Agreement by sub- reciDient entities to which it makes Nadine assistance hereunder available. U.S- Department of Housing and Urban Development (By Name) Grantee Name Clinton Johnson I City Of Fayetteville Title Title CPD it Mayor 4neld Jqrqan Slina Date (mm/dtllyyyy) Sig natu /m Date (m ly 08/22/2018 7. Catego of T itle I Ass is or his Funding Action, 8. Special Conditions Pa. Date H ceived Submission 10, check one (check one) 07/161215K ® a. Orig. Funding Entitlement, Sec 106(b) ❑ None ® Attached Approval ❑ b. Amendment Amendment Number 9b. Date Grantee Notified 08/22/2018 9c. Date of Start of Program Year (01101/2018) 11 • Amount of Community Development Block Grant FY 2018 FY 2017 FY a. Funds Reserved for this Grantee $668.863.00 $ 5200. b. Funds now being Approved c. Reservation to be Cancelled Ila minus llb 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency N/A City Of Fayetteville l 13 West Mountain Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Fayetteville, AR 72701 Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions 12c. Name of Authorized Official for Designated Public Agency of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it, Title Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) FM 176 FM 0 E 0 [11 1 1 J 0 Y Project Number Amount Y Pra ect Number Amount Date Entered PAS (mm/dd/yyyy) Bate Entered LOCCS (mmlddlyyyy) Batch Number Transaction Code Enterad By Verified By 24 CFR 570 form HUD -7082 (5/15) Special Conditions. (a) The period of performance for the funding assistance specified in the Funding Approval ("Funding Assistance") shall begin on the date specified in item 4 and shall end on September 1, 2025. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2025. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct Doaninent/Agency Indirect cost rate Cost Base Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (c) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication -related, water- related and wastewater -related infrastructure), other structures designated for use by the general public or which have other common -carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372 -Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) 1 -1I -00515R of 20515R Name of Grantee (as shown in item 5 of Standard Form Complete Address (as shown in item 5 of Standard Form 424) 113 West Mountain Fayetteville, AR 72701 U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program OMB Approval No. 2506-0193 exp 5/31/2018 3a. Grantee's 9 -digit Tax ID Number Grantee Name 3b. Grantee's 9 -digit DUNS Number 716018462 City Of Faycttevillc 141310578 4. Date use of funds may begin Title 01/01/2018 Mayur ioneld Jordan 5a. Project/Grant No. 1 Date (mm/dtllyyyy) 6a. Amount Approved B -18 -MC -05-0001 Date (mnVdd $668,915.00 5b. Project/Grant No. 2 08/22/2018 6b. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the I lousing and Community Development Act of 1974, as amended, (42 USC 5301 ct seq.), The Grantee's submissions for Title 1 assistance, the HUD regulations at 24 CPR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The fiinding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title 1 and published in 24 CFR Part 58, The Grantee further acknowledges its responsibility for adherence to the Agreement by sub - recipient entities to which it makes fimdiIIA assistance hereunder available. U.S. Departmentttf Housing and Urban Development (By Name) Grantee Name Clinton Johnson City Of Faycttevillc Title Title C V D' Mayur ioneld Jordan Date (mm/dtllyyyy) S gna Date (mnVdd ) 08/22/2018 – 7. Cafe—gol of Title I Assia this Funding Action: 8. Special Conditions 9a. Date HU ceived Submission 10. check one (check one) 07/1001 ® a. Ong. Funding Entitlement, Sec 106(b) ❑ None ® Attached Approval ❑ b. Amendment Amendment Number 9b. Date Grantee Notified 08/22/2018 9c. Date of Start of Program Year {#3'f /0112818) 11. Amount of Community Development Block Grant FY 201$ FY 2017 FY a. Funds Reserved for this Grantee $668,863.00 $ 52 00 b. Funds now being Approved c. Reservation to be Cancelled (1 la minus 11b 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency N/A City Of Fayetteville 113 West Mountain Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Fayetteville, AR 72701 Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions 12c. Name of Authorized Official for Designated Public Agency of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. Title Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) 1 7 6 FM P �E m I I I Y Project Number Amount Y Project Number Amount Date Entered PAS (mm/dtllyyyy) Date Entered LOCCS (mrnldd") Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD -7082 (5/15) 8. Special Conditions. (a) The period of performance for the funding assistance specified in the Funding Approval ("Funding Assistance") shall begin on the date specified in item 4 and shall end on September 1, 2025. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2025. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct Department/Aaeney Indirect cost rate Cost Base Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (c) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication -related, water- related and wastewater -related infrastructure), other structures designated for use by the general public or which have other common -carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372 -Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI -00515R of 20515R U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program OMB Approval No. 2506-0193 exp 5/31/2018 1. Name of Grantee tab shown in item 5 of Standard Form 424) 3a. Grantee's 9 -digit Tax ID Number 3b. Grantee's 9 -digit DUNS Number City Of Fayetteville 716018462 141310578 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 4. Date use of funds may begin 01/01/2018 113 West Mountain 5a, Project/Grant No. 1 6a. Amount Approved Fayetteville, AR 72701 13 -18 -MC -05-0001 $668,915.00 5b. Project/Grant No. 2 6b. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement, Subject to the provisions of this Grant Agreement, HUD will make the finding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title l and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub - recipient entities to which it makes fundis assistance hereunder available. U.S. Departmentgf Housing and Urban Development(By N") Grantee Name Clinton Johnson Gity Of Fayetteville Title Title Pl)it { Mayor 'oneld Jor d n S re Date (mm/dd/yyyy) 08/22/2018 Signa r Date (mmlddf" g _ 7. Catego f Title I Assts f r t fs Funding Action: 8. Special Conditions 9a. Date HU eoetved Submission 1D. check one (check one) 07/16/2018 ® a. Orig. Funding Entitlement, Sec 106(b) ❑ None ® Attached Approval ❑ b. Amendment Amendment Number 9b. Date Grantee Notified 08/22/2018 9c. Date of Start of Program Year (0110112018) 11. Amount of Community Development Block Grant FY 2018 FY 017 FY a. Funds Reserved for this Grantee $668,863.00 $ 52.00 b. Funds now bairlg.Approved c. Reservation to be Cancelled 11a minus 11b 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency N/A City Of Fayetteville 1 ]3 West Mountain Loan Guarantee Acceptance Provisions for Designated Agencies: 'File public agency hereby accepts the Grant Agreement executed by the Fayetteville, AR 72701 Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions 12c. Name of Authorized Official for Designated Public Agency of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. Title Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) ITT UUH01f] I -I II I U Y Project Number Amount Y Project Number Amount Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mntfddlyyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD -7082 (5/15) Special Conditions. (a) The period of performance for the funding assistance specified in the Funding Approval ("Funding Assistance") shall begin on the date specified in item 4 and shall end on September 1, 2025. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2025. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct DeRartment/Agency Indirect cost rate Cost Base °lo Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (c) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication -related, water- related and wastewater -related infrastructure), other structures designated for use by the general public or which have other common -carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372 -Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 149-18 File Number: 2018-0319 2018 COMM1RilTY DEVELOPMENT BLOCK GRANT ACTION PLAN: ARCHIVED A RESOLUTION TO PPROVE THE 2018 COMMUNITY DEVELOPMENT LOCK GRANT (CDBG) ACTION PLAN, TO, 1IORIZE THE MAYOR TO EXECUTE THE CD AGREEMENT FOR 2018 IN THE AMOUNT O $668,915.00 WHEN RECEIVED, AND O APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CI I COUNCIL OF THE CIT"F FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of t e City of Fayettevi e, Arkansas hereby authorizes Mayor Jordan to execute the Community Developmen Block Grant DBG) Agreement for 2018 in the amount of $668,915.00 when received, and approvest 2018 ion Plan, a full copy of which is attached to this Resolution, proposed as follows: Administration Housing Program $42 785.00 Redevelopment Program $64,0 .00 Big Brothers Big Sisters of NWA $7,000.0 Court Appointed Special Advoca s of NWA $10,000.00 Central United Methodist Chr. h $10,000.00 Credit Counseling of Ark sas $4,548.00 One Community $3,952.00 Transportation $42,000.00 Section 2: T dt the City Council of the City of Fayetteville, Arkansas hereby ap oves a budget adjustment, a copy of hich is attached to this Resolution. Page 1 Printed on 715118 Resolution: 149-18 && &Umber�ZIB-0319 PASSED and APPROVED on 7/3/2018 Page 2 Printed on 715118 City of Fayetteville, Arkansas 113 West Mountain Street • 1- . Fayetteville, AR 72701 (479) 575-8323 r Text File File Number: 2018-0319 Agenda Date: 7/3/2018 Version: 1 Status: Passed In Con ol: City Council Meeting File Type: Resolution Agenda Nu der: A. 12 2018 COMM LINVY DEVELOPMENT BLOCK GRANT ACTION PLAN: A RESOLUTION ❑ APPROVE THE 2018 COMMUNITY DE LOPMENT BLOCK GRANT (CDBG) ACTION PLA TO AUTHORIZE THE MAYOR TO E CUTE THE CDBG AGREEMENT FOR 2018 IN THE AM\CIT F $668,915.00 WHEN RECEIV , AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY TCOUNCILOF THE C OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of e City of 2aietteville, Arkansas hereby authorizes Mayor Jordan to execute the Community Development lock Gt (CDBG) Agreement for 2018 in the amount of $668,915.00 when received, and approves e 2 8 Action Plan, a full copy of which is attached to this Resolution, proposed as follows: Administration $92\,88.00 Housing Program $425, 00 Redevelopment Program $64,042. Big Brothers Big Sisters of NWA $7,000.00 Court Appointed Special Advoc es of NWA $10,000.00 Central United Methodist Cl rch $10,000.00 Credit Counseling of Ark sas $4,548.00 One Community $3,952.00 Transportation $42,000.00 Section 2: at the City Council of the City of Fayetteville, Arkansas hereby a Dues a budget adjustment, a copy of w ich is attached to this Resolution. City of Fayetteville, Arkansas Paye 1 Printed on 71512018 R,94a1ct ron !`4q -!g CITY OF FAYETTEVILLE r ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM This Agreement is entered into on this 27th day of September 2018, between the City of Fayetteville, hereinafter known as the City, and Big Brothers Big Sisters of Northwest Arkansas hereinafter known as the "Subrecipient". WHEREAS the City has received funding under Title I of the Housing and Community Development Act of 1974, hereunder known as the "Act", through the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) from the Entitlement Cities program established under the Act as amended, and the rules, regulations, policy memoranda, and other authority; and, WHEREAS the Act contains certain requirements regarding the use of CDBG funds to fulfill a National Objective as defined in the Act; and, 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; and, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the Subrecipient agree as follows: 1. TERM OF AGREEMENT: The funding for this Agreement shall begin on the date first written above and expire on December 31, 2018; any funds not reimbursed prior to this date will revert back to the City. The final date reimbursement requests will be accepted is December 5, 2018 at Spm. 2. COMPLIANCE WITH APPROVED PROGRAM: The City hereby designates and the Subrecipient hereby agrees to receive the City's CDBG Subrecipient Grant and to administer such grant in accordance with this agreement, and the Act, and the Subrecipient certifies that the activities carried out with funds provided under this Agreement will meet at least one of the CDBG Program's National Objectives set forth by HUD as indicated in Attachment A (National Objective). 3. LIMITATION ON FUNDING: It is expressly agreed and understood that upon execution of the Agreement, the City agrees to allocate no more than the amount of Seven Thousand Dollars ($7,000) for the full and complete satisfactory performance of this Agreement. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Attachment B (Project Budget) and in accordance with performance. 4. AMENDMENTS: Any revision to this Agreement, including Attachments, shall only be made by a written amendment, approved by the City, to this Agreement. 5. SCOPE OF PROJECT: The Subrecipient shall perform all services according to the Statement of Work as indicated in Attachment C (Project Description). Any deviation from the provisions detailed in the Statement of Work shall be prohibited unless approved by the City and made an amendment to the Agreement. 6. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Subrecipient agrees to comply with the provisions of 24 CFR 570.502 Applicability of Uniform Administrative Requirements, as applicable, and all requirements and standards which include but are not limited to the following: "Helping to Build a Better Community" Community Resources Division Aft CITY OF �: FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM A. Allowable and Allocable Costs: Costs must be necessary, reasonable and directly related to the scope of the project in this agreement. In addition, costs must be legal and proper. The budget included in Attachment B (Project Budget) shall control amounts of allowable expenditures within budget categories. B. Timeliness' Requirement: Seventy-five percent of the current grant allocation must be disbursed to the Subrecipient by September 141' of the current grant year. C. Disbursement of Funds: The Subrecipient shall render to the City a request for reimbursement of project expenditures. D. Procurement: All contracts for services and procurement for materials shall be carried out in compliance with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and all other applicable federal, state, and local rules and regulations, including regulations and policies from the City's Purchasing Division. E. Documentation of Costs: The Subrecipient shall maintain records on materials purchased, services performed, individuals and families served. All costs shall be supported by evidencing in proper detail the nature and propriety of charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. F. Records and Reports: The Subrecipient shall, at a minimum, submit the following reports to the City: 1) Monthly beneficiary reports shall be submitted to the City fifteen days after month end. Monthly beneficiary reports shall be submitted on the City provided form and will provide demographic information, income level information (verifying majority of clients fall within HUD LMI limits) and outline CDBG funded activities undertaken during each month. It will include a description of progress in meeting the prescribed CDBG National Objective as indicated in Attachment A. Failure to provide the required documentation and information will affect the funding in this agreement and future requests for funding. 2) Financial statements shall be submitted in order to receive reimbursement. Financial statements shall utilize the City provided reimbursement form and shall outline all expenses applicable to the CDBG assisted project that reimbursement is requested for. 3) A Final Summary Report due no later than January 31, 2019 shall include a summary of all compiled information described in paragraphs 6(E) and 6(F) (1) (2) above. 4) The Subrecipient agrees to maintain records and reports related to the project for a period of no less than five years following the term of this Agreement. 7. CDBG PROGRAM INCOME: Any income directly generated from the use of the CDBG grant funds shall be returned to the City of Fayetteville Community Development Block Grant Program in compliance with 24 CFR 570.504 (c) Program Income (Disposition of program income received by subrecipients). 8. ACCESS TO RECORDS: At any time during normal business hours and as often as the City deems necessary, the Subrecipient shall make available to the City for examination all of its records with respect to all matters covered by this Agreement. Further, the Subrecipient shall permit the City to make excerpts of transcripts from such records, make audits of all contracts, Page 2 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 9. MONITORING AND AUDITS: The City is required to ensure that federal CDBG program requirements are met, that the funds are used for the purpose of the program, and the Subrecipient complies with reporting and auditing requirements. The City will monitor and audit the Subrecipient to assure the compliance of project progress as stated in Attachment D (Project Schedule) along with all other attachments. A. Remedies for Non .Compliance: If the Subrecipient fails to comply with any term in this Agreement, the City may take one or more of the actions indicated in 2 CFR Part 200.338 Remedies for noncompliance. 10. PERFORMANCE TERM EXTENSION: The City may consider an extension of the term of performance based on justifiable circumstances beyond the control of the Subrecipient. The Subrecipient shall make application and submit documentation to the City regarding such circumstances, and acceptance of a proposal for the new time frame constitutes an amendment to the agreement. Any such request for extensions shall be subject to the written approval of the City, acted upon by the City within fourteen (14) days of the receipt of the notice of request for extension. The decision of the City shall be final and conclusive, provided that such approval shall not be unreasonably withheld. No requests for extension will be accepted after August 31. 11. PROGRAM CLOSE-OUT: A. Termination of Agreement: 1) Termination by City: Notification shall be provided in the form of a written notice specifying the effective date of termination. The City may terminate this Agreement in whole or in part for cause, which shall include: • Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement, including compliance with approved program and Agreement conditions, and such statutes, executive orders and HUD directives as may become applicable at any time, • Submission by the Subrecipient to the City of reports that are incorrect or incomplete in any material respect, Ineffective or improper use of funds provided under this Agreement; Failure of the Subrecipient to supply the City with monthly reports and audits as required by the City herein; • Failure of the Subrecipient to comply with the City's corrective action plan respective to audits required by the City herein; 2) Termination by the Subrecipient: The Subrecipient may propose to terminate this Agreement in whole or in part, for good cause only by giving at least thirty (30) days written notice specifically stating the cause for such requested termination. Any such request for termination shall be subject to the written approval of the City, acted upon by the City within ten (10) days of the receipt of the notice of request to terminate. The decision of the Recipient shall be final and conclusive, provided that such approval shall not be unreasonably withheld. 3) Mutual Termination: This Agreement may also be terminated by either the City or the Page 3 of 5 "Helping to Build a Better Community' Community Resources Division APIML CITY OF �1FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Subrecipient in whole or in part, by mutual agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City may terminate the award in its entirety. B. Use and Reversion of Assets: The Subrecipient shall use all CDBG-assisted property acquired under this Agreement in accordance with 24 CFR 570.505 Use of Real Property for a period of five (5) years following the date of project completion. Project completion is denoted by final payout of the grant award respective to the CDBG Program. Unless specified otherwise within this Agreement, at the conclusion, cancellation, assignment or termination of this Agreement, the disposition of assets under this Agreement shall be in compliance with 24 CFR 570.503 Agreements with Subrecipients, 24 CFR 570.504 Program Income and 24 CFR 570.505 Use of Real Property, as applicable, which include but are not limited to the following: 1) If this agreement is terminated or canceled in accordance with the terms, conditions, and procedures of this Agreement, thirty (30) days after termination of this agreement the Subrecipient shall provide and turn over to the City all materials, books, accounts, records, files and other papers, or items pertaining to the project. 2) Any real property acquired or improved in whole or in part with CDBG funds in excess of $500.00 under the Subrecipient's 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 longer period of time as determined to be appropriate by the City. 3) In the event the Subrecipient does not expend the amount allocated under this Agreement or the project is canceled, expired, assigned or terminated for any reason, any funds not claimed by the Subrecipient and approved by the City for allowable costs by the end of the term or by the date of cancellation, expiration, or termination of this Agreement, as the case may be, shall no longer be payable to the Subrecipient under this Agreement. 12. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS: The Subrecipient agrees to comply with all applicable rules and regulations, as now in effect and as may be amended from time to time, including but not limited to those federal rules and regulations referred to in this Agreement. Unearned payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HUD at any time or if the grant to the City under Title I of the Housing and Community Development Act of 1974, is suspended or terminated. 13. CLAIMS AGAINST THE CITY: The Subrecipient agrees to defend, indemnify and save harmless the City from any and all claims of any nature whatsoever which may arise from the Subrecipient's performance of this Agreement; provided, however, that nothing contained in this Agreement shall be construed as rendering the Subrecipient liable for acts of the City, its officers, agents or employees. 14. CONFLICTS OF INTEREST: The Subrecipient represents that none of its employees, officers, or directors presently have any interest, either directly or indirectly, which would conflict in any manner with the Subrecipient's performance or procurement under this Agreement, and that no Page 4 of 5 "Helping to Build a Better Community" Community Resources Division CITY QF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM person having such interest will be appointed or employed by the Subrecipient. 15. NOTICES: Communication and details concerning the Agreement shall be directed to the fallowing contract representatives: GaFe"e4",&r AMy Gdt er Executive Director 91 W. Cat t" S"M Fayetteville AR 72703 SVI4e- t Citv of Favetteville Community Resources Division Yolanda Fields, CGFM Community Resources Director 113 W Mountain St Fayetteville AR 72701 16. BINDING AFFECT: 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 Subrecipient hereby acknowledges receipt of a duly executed copy of this Agreement complete with all Exhibits attached hereto. EXECUTIONISIGNA TORIES TO AGREEMENT PROVIDED BELOW IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. Big Brothers Big Sisters of Northwest Arkansas ���T Attested By: City of Fayetteville HUD Identification # B -18 -MC -05-0001 "Helping to Build a Better Community" Community Resources Division Page 5 of 5 CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT YEAR 2018 PUBLIC SERVICES SUBRECIPIENT GRANT AGREEMENT This Agreement is entered into on this 20th day of September 2018, between the City of Fayetteville, hereinafter known as the City, and CASA of Northwest Arkansas hereinafter known as the "Subrecipient". WHEREAS the City has received funding under Title I of the Housing and Community Development Act of 1974, hereunder known as the "Act', through the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) from the Entitlement Cities program established under the Act as amended, and the rules, regulations, policy memoranda, and other authority; and, WHEREAS the Act contains certain requirements regarding the use of CDBG funds to fulfill a National Objective as defined in the Act; and, 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; and, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the Subrecipient agree as follows: 1. TERM OF AGREEMENT: The funding for this Agreement shall begin on the date first written above and expire on December 31, 2018; any funds not reimbursed prior to this date will revert back to the City. The final date reimbursement requests will be accepted is December 5, 2018 at Spm. 2. COMPLIANCE WITH APPROVED PROGRAM: The City hereby designates and the Subrecipient hereby agrees to receive the City's CDBG Subrecipient Grant and to administer such grant in accordance with this agreement, and the Act; and the Subrecipient certifies that the activities carried out with funds provided under this Agreement will meet at least one of the CDBG Program's National Objectives set forth by HUD as indicated in Attachment A (National Objective). 3. LIMITATION ON FUNDING: It is expressly agreed and understood that upon execution of the Agreement, the City agrees to allocate no more than the amount of Ten Thousand Dollars ($10,000) for the full and complete satisfactory performance of this Agreement. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Attachment B (Project Budget) and in accordance with performance. 4. AMENDMENTS: Any revision to this Agreement, including Attachments, shall only be made by a written amendment, approved by the City, to this Agreement. 5. SCOPE OF PROJECT: The Subrecipient shall perform all services according to the Statement of Work as indicated in Attachment C (Project Description). Any deviation from the provisions detailed in the Statement of Work shall be prohibited unless approved by the City and made an amendment to the Agreement. 6. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Subrecipient agrees to comply with the provisions of 24 CFR 570.502 Applicability of Uniform Administrative Requirements, as applicable, and all requirements and standards which include but are not limited to the following: Page i of 5 "Helping to Buifd a Better Community" Community Resources Division R' Mlah CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM A. Allowable and Allocable Costs: Costs must be necessary, reasonable and directly related to the scope of the project in this agreement. In addition, costs must be legal and proper. The budget included in Attachment B (Project Budget) shall control amounts of allowable expenditures within budget categories. B. Timeliness Requirement: Seventy-five percent of the current grant allocation must be disbursed to the Subrecipient by September 141 of the current grant year. C. Disbursement of Funds: The Subrecipient shall render to the City a request for reimbursement of project expenditures. D. Procurement. All contracts for services and procurement for materials shall be carried out in compliance with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and all other applicable federal, state, and local rules and regulations, including regulations and policies from the City's Purchasing Division. E. Documentation of Costs: The Subrecipient shall maintain records on materials purchased, services performed, individuals and families served. All costs shall be supported by evidencing in proper detail the nature and propriety of charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. F. Records and Reports: The Subrecipient shall, at a minimum, submit the following reports to the City: 1) Monthly beneficiary reports shall be submitted to the City fifteen days after month end. Monthly beneficiary reports shall be submitted on the City provided form and will provide demographic information, income level information (verifying majority of clients fall within HUD ILMI limits) and outline CDBG funded activities undertaken during each month. It will include a description of progress in meeting the prescribed CDBG National Objective as indicated in Attachment A. Failure to provide the required documentation and information will affect the funding in this agreement and future requests for funding. 2) Financial statements shall be submitted in order to receive reimbursement. Financial statements shall utilize the City provided reimbursement form and shall outline all expenses applicable to the CDBG assisted project that reimbursement is requested for. 3) A Final Summary Report due no later than January 31, 2019 shall include a summary of all compiled information described in paragraphs 6(E) and 6(F) (1) (2) above. 4) The Subrecipient agrees to maintain records and reports related to the project for a period of no less than five years following the term of this Agreement. 7. CDBG PROGRAM INCOME: Any income directly generated from the use of the CDBG grant funds shall be returned to the City of Fayetteville Community Development Block Grant Program in compliance with 24 CFR 570.504 (c) Program income (Disposition of program income received by subrecipients). 8. ACCESS TO RECORDS: At any time during normal business hours and as often as the City deems necessary, the Subrecipient shall make available to the City for examination all of its records with respect to all matters covered by this Agreement. Further, the Subrecipient shall permit the City to make excerpts of transcripts from such records, make audits of all contracts, 'Helping to Build a Better Community' Page 2 of 5 Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 9. MONITORING AND AUDITS: The City is required to ensure that federal CDBG program requirements are met, that the funds are used for the purpose of the program, and the Subrecipient complies with reporting and auditing requirements. The City will monitor and audit the Subreciplent to assure the compliance of project progress as stated in Attachment D (Project Schedule) along with all other attachments. A. Remedies for Non -Compliance: If the Subrecipient fails to comply with any term in this Agreement, the City may take one or more of the actions indicated in 2 GFR Part 200.338 Remedies for noncompliance. 10. PERFORMANCE TERM EXTENSION: The City may consider an extension of the term of performance based on justifiable circumstances beyond the control of the Subrecipient. The Subrecipient shall make application and submit documentation to the City regarding such circumstances, and acceptance of a proposal for the new time frame constitutes an amendment to the agreement. Any such request for extensions shall be subject to the written approval of the City, acted upon by the City within fourteen (14) days of the receipt of the notice of request for extension. The decision of the City shall be final and conclusive, provided that such approval shall not be unreasonably withheld. No requests for extension will be accepted after August 31. A. Termination of Agreement: 1) Termination by City: Notification shall be provided in the form of a written notice specifying the effective date of termination. The City may terminate this Agreement in whole or in part for cause, which shall include: Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement, including compliance with approved program and Agreement conditions, and such statutes, executive orders and HUD directives as may become applicable at any time, • Submission by the Subrecipient to the City of reports that are incorrect or incomplete in any material respect, • Ineffective or improper use of funds provided under this Agreement; Failure of the Subrecipient to supply the City with monthly reports and audits as required by the City herein; Failure of the Subrecipient to comply with the City's corrective action plan respective to audits required by the City herein; 2) Termination by the Subrecipient: The Subrecipient may propose to terminate this Agreement in whole or in part, for good cause only by giving at least thirty (30) days written notice specifically stating the cause for such requested termination. Any such request for termination shall be subject to the written approval of the City, acted upon by the City within ten (10) days of the receipt of the notice of request to terminate. The decision of the Recipient shall be final and conclusive, provided that such approval shall not be unreasonably withheld. 3) Mutual Termination: This Agreement may also be terminated by either the City or the "Helping to Build a Better Community" Page 3 of 5 Community Resources Division I CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Subrecipient in whole or in part, by mutual agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City may terminate the award in its entirety. B. Use and Reversion of Assets: The Subrecipient shall use all CDBG-assisted property acquired under this Agreement in accordance with 24 GFR 570.505 Use of Real Property for a period of five (5) years following the date of project completion, Project completion is denoted by final payout of the grant award respective to the CDBG Program. Unless specified otherwise within this Agreement, at the conclusion, cancellation, assignment or termination of this Agreement, the disposition of assets under this Agreement shall be in compliance with 24 CFR 570.503 Agreements with Subrecipients, 24 CFR 570.504 Program income and 24 CFR 570.505 Use of Real Property, as applicable, which include but are not limited to the following: 1) If this agreement is terminated or canceled in accordance with the terms, conditions, and procedures of this Agreement, thirty (30) days after termination of this agreement the Subrecipient shall provide and turn over to the City all materials, books, accounts, records, files and other papers, or items pertaining to the project. 2} Any real property acquired or improved in whole or in part with CDBG funds in excess of $500.00 under the Subrecipient's 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 longer period of time as determined to be appropriate by the City. 3) in the event the Subrecipient does not expend the amount allocated under this Agreement or the project is canceled, expired, assigned or terminated for any reason, any funds not claimed by the Subrecipient and approved by the City for allowable costs by the end of the term or by the date of cancellation, expiration, or termination of this Agreement, as the case may be, shall no longer be payable to the Subrecipient under this Agreement. 12. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS: The Subrecipient agrees to comply with all applicable rules and regulations, as now in effect and as may be amended from time to time, including but not limited to those federal rules and regulations referred to in this Agreement. Unearned payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HUD at any time or if the grant to the City under Title I of the Housing and Community Development Act of 1974, is suspended or terminated. 13. CLAIMS AGAINST THE CITY: The Subrecipient agrees to defend, indemnify and save harmless the City from any and all claims of any nature whatsoever which may arise from the Subrecipient's performance of this Agreement; provided, however, that nothing contained in this Agreement shall be construed as rendering the Subrecipient liable for acts of the City, its officers, agents or employees. 14. CONFLICTS OF INTEREST: The Subrecipient represents that none of its employees, officers, or directors presently have any interest, either directly or indirectly, which would conflict in any manner with the Subrecipient's performance or procurement under this Agreement, and that no Page 4 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM person having such interest will be appointed or employed by the Subrecipient. 15. NOTICES. Communication and details concerning the Agreement shall be directed to the following contract representatives: CASA of Northwest Arkansas Colleen Smith Director of Development 3825 Cawood Lane Springdale AR 72762 Citv of Favetteville Community Resources Division Yolanda Fields, CGFM Community Resources Director 113 W Mountain St Fayetteville AR 72701 16. BINDING AFFECT: 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 Subrecipient hereby acknowledges receipt of a duly executed copy of this Agreement complete with all Exhibits attached hereto. EXECUTIONlSIGNATORIES TO AGREEMENT PROVIDED BELOW IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. Crystal Vickmark, Executive Director Attested By: City of Fayetteville HUD Identification # B -1$ -MC -05-0001 'Helping to Build a Better Community' Community Resources Division Page 5 of 5 CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT YEAR 2018 PUBLIC SERVICES SUBRECIPIENT GRANT AGREEMENT This Agreement is entered into on this 20th day of September 2018, between the City of Fayetteville, hereinafter known as the City, and Central United Methodist Church hereinafter known as the "Subrecipient". WHEREAS the City has received funding under Title i of the Housing and Community Development Act of 1974, hereunder known as the "Act', through the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) from the Entitlement Cities program established under the Act as amended, and the rules, regulations, policy memoranda, and other authority; and, WHEREAS the Act contains certain requirements regarding the use of CDBG funds to fulfill a National Objective as defined in the Act; and, 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; and, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the Subrecipient agree as follows: 1. TERM OF AGREEMENT: The funding for this Agreement shall begin on the date first written above and expire on December 31, 2018; any funds not reimbursed prior to this date will revert back to the City. The final date reimbursement requests will be accepted is December 5, 2018 at Spm. 2. COMPLIANCE WITH APPROVED PROGRAM: The City hereby designates and the Subrecipient hereby agrees to receive the City's CDBG Subrecipient Grant and to administer such grant in accordance with this agreement, and the Act; and the Subrecipient certifies that the activities carried out with funds provided under this Agreement will meet at least one of the CDBG Program's National Objectives set forth by HUD as indicated in Attachment A (National Objective). 3. LIMITATION ON FUNDING: It is expressly agreed and understood that upon execution of the Agreement, the City agrees to allocate no more than the amount of Ten Thousand Dollars ($10,000.00) for the full and complete satisfactory performance of this Agreement. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Attachment B (Project Budget) and in accordance with performance. 4. AMENDMENTS: Any revision to this Agreement, including Attachments, shall only be made by a written amendment, approved by the City, to this Agreement. 5. SCOPE OF PROJECT: The Subrecipient shall perform all services according to the Statement of Work as indicated in Attachment C (Project Description). Any deviation from the provisions detailed in the Statement of Work shall be prohibited unless approved by the City and made an amendment to the Agreement. 6. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Subrecipient agrees to comply with the provisions of 24 CFR 570.502 Applicability of Uniform Administrative Requirements, as applicable, and all requirements and standards which include but are not limited to the following: "Helping to build a Better Community Page 1 of 5 Community Resources Division ftCITY OF �� FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM A. Allowable and Allocable Costs: Costs must be necessary, reasonable and directly related to the scope of the project in this agreement. In addition, costs must be legal and proper. The budget included in Attachment B (Project Budget) shall control amounts of allowable expenditures within budget categories. S. Timeliness Requirement: Seventy-five percent of the current grant allocation must be disbursed to the Subrecipient by September 141' of the current grant year. C. Disbursement of Funds: The Subrecipient shall render to the City a request for reimbursement of project expenditures. D. Procurement: All contracts for services and procurement for materials shall be carried out in compliance with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and all other applicable federal, state, and local rules and regulations, including regulations and policies from the City's Purchasing Division. E. Documentation of Costs: The Subrecipient shall maintain records on materials purchased, services performed, individuals and families served. All costs shall be supported by evidencing in proper detail the nature and propriety of charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. F. Records and Reports: The Subrecipient shall, at a minimum, submit the following reports to the City: 1) Monthly beneficiary reports shall be submitted to the City fifteen days after month end. Monthly beneficiary reports shall be submitted on the City provided form and will provide demographic information, income level information (verifying majority of clients fall within HUD LMI limits) and outline CDBG funded activities undertaken during each month. It will include a description of progress in meeting the prescribed CDBG National Objective as indicated in Attachment A. Failure to provide the required documentation and information will affect the funding in this agreement and future requests for funding. 2) Financial statements shall be submitted in order to receive reimbursement. Financial statements shall utilize the City provided reimbursement form and shall outline all expenses applicable to the CDBG assisted project that reimbursement is requested for. 3) A Final Summary Report due no later than January 31, 2019 shall include a summary of all compiled information described in paragraphs 6(E) and 6(F) (1) (2) above. 4) The Subrecipient agrees to maintain records and reports related to the project for a period of no less than five years following the term of this Agreement. 7. CDBG PROGRAM INCOME: Any income directly generated from the use of the CDBG grant funds shall be returned to the City of Fayetteville Community Development Block Grant Program in compliance with 24 CFR 570.504 (c) Program Income (Disposition of program income received by subrecipients). 8. ACCESS TO RECORDS: At any time during normal business hours and as often as the City deems necessary, the Subrecipient shall make available to the City for examination all of its records with respect to all matters covered by this Agreement. Further, the Subrecipient shall permit the City to make excerpts of transcripts from such records, make audits of all contracts, Page 2 of 5 "Helping to Build a Better Community" ` Community Resources Division „,■� CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 9. MONITORING AND AUDITS: The City is required to ensure that federal CDBG program requirements are met, that the funds are used for the purpose of the program, and the Subrecipient complies with reporting and auditing requirements. The City will monitor and audit the Subrecipient to assure the compliance of project progress as stated in Attachment D (Project Schedule) along with all other attachments. A. Remedies for Non -Compliance: If the Subrecipient fails to comply with any term in this Agreement, the City may take one . or more of the actions indicated in 2 CFR Part 200.338 Remedies for noncompliance. 10. PERFORMANCE TERM EXTENSION: The City may consider an extension of the term of performance based on justifiable circumstances beyond the control of the Subrecipient. The Subrecipient shall make application and submit documentation to the City regarding such circumstances, and acceptance of a proposal for the new time frame constitutes an amendment to the agreement. Any such request for extensions shall be subject to the written approval of the City, acted upon by the City within fourteen (14) days of the receipt of the notice of request for extension. The decision of the City shall be final and conclusive, provided that such approval shall not be unreasonably withheld. No requests for extension will be accepted after August 31, 11. PROGRAM CLOSE-OUT: A. Termination of AQreemen#: 1) Termination by City: Notification shall be provided in the form of a written notice specifying the effective date of termination. The City may terminate this Agreement in whole or in part for cause, which shall include: • Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement, including compliance with approved program and Agreement conditions, and such statutes, executive orders and HUD directives as may become applicable at any time, • Submission by the Subrecipient to the City of reports that are incorrect or incomplete in any material respect, • Ineffective or improper use of funds provided under this Agreement: • Failure of the Subrecipient to supply the City with monthly reports and audits as required by the City herein; • Failure of the Subrecipient to comply with the City's corrective action plan respective to audits required by the City herein; 2) Termination by the Subrecipient: The Subrecipient may propose to terminate this Agreement in whole or in part, for good cause only by giving at least thirty (30) days written notice specifically stating the cause for such requested termination. Any such request for termination shall be subject to the written approval of the City, acted upon by the City within ten (10) days of the receipt of the notice of request to terminate. The decision of the Recipient shall be final and conclusive, provided that such approval shall not be unreasonably withheld. 3) Mutual Termination: This Agreement may also be terminated by either the City or the 'Helping to Build a Better Community” Page 3 of 5 Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Subrecipient in whole or in part, by mutual agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, .in the case of partial termination, if the City determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City may terminate the award in its entirety. B. Use and Reversion of Assets: The Subrecipient shall use all CDBG-assisted property acquired under this Agreement in accordance with 24 CFR 570.505 Use of Real Property for a period of five (5) years following the date of project completion. Project completion is denoted by final payout of the grant award respective to the CDBG Program. Unless specified otherwise within this Agreement, at the conclusion, cancellation, assignment or termination of this Agreement, the disposition of assets under this Agreement shall be in compliance with 24 CFR 570.503 Agreements with Subrecipients, 24 CFR 570.504 Program Income and 24 CFR 570.505 Use of Real Property, as applicable, which include but are not limited to the following: 1) If this agreement is terminated or canceled in accordance with the terms, conditions, and procedures of this Agreement, thirty (30) days after termination of this agreement the Subrecipient shall provide and turn over to the City all materials, books, accounts, records, files and other papers, or items pertaining to the project. 2) Any real property acquired or improved in whole or in part with CDBG funds in excess of $500.00 under the Subrecipient's 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 longer period of time as determined to be appropriate by the City. 3) In the event the Subrecipient does not expend the amount allocated under this Agreement or the project is canceled, expired, assigned or terminated for any reason, any funds not claimed by the Subrecipient and approved by the City for allowable costs by the end of the term or by the date of cancellation, expiration, or termination of this Agreement, as the case may be, shall no longer be payable to the Subrecipient under this Agreement. 12. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS: The Subrecipient agrees to comply with all applicable rales and regulations, as now in effect and as may be amended from time to time, including but not limited to those federal rules and regulations referred to in this Agreement. Unearned payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HUD at any time or if the grant to the City under Title I of the Housing and Community Development Act of 1974, is suspended or terminated. 13. CLAIMS AGAINST THE CITY: The Subrecipient agrees to defend, indemnify and save harmless the City from any and all claims of any nature whatsoever which may arise from the Subrecipient's performance of this Agreement; provided, however, that nothing contained in this Agreement shall be construed as rendering the Subrecipient liable for acts of the City, its officers, agents or employees. 14. CONFLICTS OF INTEREST: The Subrecipient represents that none of its employees, officers, or directors presently have any interest, either directly or indirectly, which would conflict in any manner with the Subrecipient's performance or procurement under this Agreement, and that no "Helping to build a Better Community' Page 4 of 5 Community Resources Division CITY OF _ FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM person having such interest will be appointed or employed by the Subrecipient_ 15. NOTICES: Communication and details concerning the Agreement shall be directed to the following contract representatives: Central United Methodist Church Glenn Miller Local Missions Coordinator B W Dickson Street Fayetteville, AR 72701 City of Fayetteville Community Resources Division Yolanda Fields, CGFM Community Resources Director 113 W Mountain St Fayetteville AR 72701 18. BINDING AFFECT: 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 Subrecipient hereby acknowledges receipt of a duly executed copy of this Agreement complete with all Exhibits attached hereto. EXECUTIONISIGNA TORIES TO AGREEMENT PROVIDED BELOW IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. Central United Methodist C Jody Attested By: Pastor WM City of Fayetteville HUD Identification # B -18 -MC -05-0401 Page 5 of 5 'Helping to Build a Better Community' Community Resources Division CITY OF FAYETTEVILLE * ARKANSAS COMM UNM DEVELOPMENT BLOCK GRANT PROGRAM GRANT YEAR 2018 PUBLIC SERVICES SUBRECIPIENT GRANT AGREEMENT This Agreement is entered into on this 20th day of September 2018, between the City of Fayetteville, hereinafter known as the City, and Credit Counseling of Arkansas hereinafter known as the "Subrecipient". WHEREAS the City has received funding under Title I of the Housing and Community Development Act of 1974, hereunder known as the "Act", through the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) from the Entitlement Cities program established under the Act as amended, and the rules, regulations, policy memoranda, and other authority; and. WHEREAS the Act contains certain requirements regarding the use of CDBG funds to fulfill a National Objective as defined in the Act; and, 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; and, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the Subrecipient agree as follows: 1. TERM OF AGREEMENT: The funding for this Agreement shall begin on the date first written above and expire on December 31, 2018; any funds not reimbursed prior to this date will revert back to the City. The final date reimbursement requests will be accepted is December 5, 2018 at Spm. 2. COMPLIANCE WITH APPROVED PROGRAM: The City hereby designates and the Subrecipient hereby agrees to receive the City's CDBG Subrecipient Grant and to administer such grant in accordance with this agreement, and the Act; and the Subrecipient certifies that the activities carried out with funds provided under this Agreement will meet at least one of the CDBG Program's National Objectives set forth by HUD as indicated in Attachment A (National Objective). 3. LIMITATION ON FUNDING: It is expressly agreed and understood that upon execution of the Agreement, the City agrees to allocate no more than the amount of Four Thousand Five Hundred Forty Eight Dollars ($4,548.00) for the full and complete satisfactory performance of this Agreement. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Attachment B (Project Budget) and in accordance with performance. 4. AMENDMENTS: Any revision to this Agreement, including Attachments, shall only be made by a written amendment, approved by the City, to this Agreement. 5. SCOPE OF PROJECT: The Subrecipient shall perform all services according to the Statement of Work as indicated in Attachment C (Project Description). Any deviation from the provisions detailed in the Statement of Work shall be prohibited unless approved by the City and made an amendment to the Agreement. 6. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Subrecipient agrees to comply with the provisions of 24 CFR 570.502 Applicability of Uniform Administrative Requirements, as "Helping to Build a Better Community" Page 1 at S Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM applicable, and all requirements and standards which include but are not limited to the following: A. Allowable and Allocable Costs: Costs must be necessary, reasonable and directly related to the scope of the project in this agreement. In addition, costs must be legal and proper. The budget included in Attachment B (Project Budget) shall control amounts of allowable expenditures within budget categories. B. Timeliness Requirement: Seventy-five percent of the current grant allocation must be disbursed to the Subrecipient by September 140' of the current grant year. C. Disbursement of Funds: The Subrecipient shall render to the City a request for reimbursement of project expenditures. D. Procurement: All contracts for services and procurement for materials shall be carried out in compliance with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and all other applicable federal, state, and local rules and regulations, including regulations and policies from the City's Purchasing Division. E. Documentation of Costs: The Subrecipient shall maintain records on materials purchased, services performed, individuals and families served. All costs shall be supported by evidencing in proper detail the nature and propriety of charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. F. Records and Reports: The Subrecipient shall, at a minimum, submit the following reports to the City: 1) Monthly beneficiary reports shall be submitted to the City fifteen days after month end. Monthly beneficiary reports shall be submitted on the City provided form and will provide demographic information, income level information (verifying majority of clients fall within HUD SMI limits) and outline CDBG funded activities undertaken during each month. It will include a description of progress in meeting the prescribed CDBG National Objective as indicated in Attachment A. Failure to provide the required documentation and information will affect the funding in this agreement and future requests for funding. 2) Financial statements shall be submitted in order to receive reimbursement. Financial statements shall utilize the City provided reimbursement form and shall outline all expenses applicable to the CDBG assisted project that reimbursement is requested for. 3) A Final Summary Report due no later than January 31, 2019 shall include a summary of all compiled information described in paragraphs 6(E) and 6(F) (1) (2) above. 4) The Subrecipient agrees to maintain records and reports related to the project for a period of no less than five years following the term of this Agreement. 7. CDBG PROGRAM INCOME: Any income directly generated from the use of the CDBG grant funds shall be returned to the City of Fayetteville Community Development Block Grant Program in compliance with 24 CFR 570.504 (c) Program Income (Disposition of program income received by subrecipients). 8. ACCESS TO RECORDS: At any time during normal business hours and as often as the City deems necessary, the Subrecipient shall make available to the City for examination all of its records with respect to all matters covered by this Agreement. Further, the Subrecipient shall Page 2 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM permit the City to make excerpts of transcripts from such records, make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 9. MONITORING AND AUDITS: The City is required to ensure that federal CDBG program requirements are met, that the funds are used for the purpose of the program, and the Subrecipient complies with reporting and auditing requirements. The City will monitor and audit the Subrecipient to assure the compliance of project progress as stated in Attachment D (Project Schedule) along with all other attachments. A. Remedies for Non -Compliance: If the Subrecipient fails to comply with any term in this Agreement, the City may take one or more of the actions indicated in 2 CFR Part 200.338 Remedies for noncompliance. 10. PERFORMANCE TERM EXTENSION: The City may consider an extension of the term of performance based on justifiable circumstances beyond the control of the Subrecipient. The Subrecipient shall make application and submit documentation to the City regarding such circumstances, and acceptance of a proposal for the new time frame constitutes an amendment to the agreement. Any such request for extensions shall be subject to the written approval of the City, acted upon by the City within fourteen (14) days of the receipt of the notice of request for extension. The decision of the City shall be final and conclusive, provided that such approval shall not be unreasonably withheld. No requests for extension will be accepted after August 31. 11. PROGRAM CLOSE-OUT: A. Termination of Agreement: 1) Termination -by City: Notification shall be provided in the form of a written notice specifying the effective date of termination. The City may terminate this Agreement in whole or in part for cause, which shall include: • Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement, including compliance with approved program and Agreement conditions, and such statutes, executive orders and HUD directives as may become applicable at any time, • Submission by the Subrecipient to the City of reports that are incorrect or incomplete in any material respect, Ineffective or improper use of funds provided under this Agreement; Failure of the Subrecipient to supply the City with monthly reports and audits as required by the City herein; • Failure of the Subrecipient to comply with the City's corrective action plan respective to audits required by the City herein; 2) Termination by the Subrecipient: The Subrecipient may propose to terminate this Agreement in whole or in part, for good cause only by giving at least thirty (30) days written notice specifically stating the cause for such requested termination. Any such request for termination shall be subject to the written approval of the City, acted upon by the City within ten (10) days of the receipt of the notice of request to terminate. The decision of the Recipient shall be final and conclusive, provided that such approval shall not be unreasonably withheld. Page 3 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVIfLLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 3) Mutual Termination: This Agreement may also be terminated by either the City or the Subrecipient in whole or in part, by mutual agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City may terminate the award in its entirety. B. Use and Reversion of Assets: The Subrecipient shall use all CDBG-assisted property acquired under this Agreement in accordance with 24 CFR 570.505 Use of Real Property for a period of five (5) years following the date of project completion. Project completion is denoted by final payout of the grant award respective to the CDBG Program. Unless specified otherwise within this Agreement, at the conclusion, cancellation, assignment or termination of this Agreement, the disposition of assets under this Agreement shall be in compliance with 24 CFR 570.503 Agreements with Subrecipients, 24 CFR 570.504 Program Income and 24 CFR 570.505 Use of Real Property, as applicable, which include but are not limited to the following: 1) If this agreement is terminated or canceled in accordance with the terms, conditions, and procedures of this Agreement, thirty (30) days after termination of this agreement the Subrecipient shall provide and tum over to the City all materials, books, accounts, records, tales and other papers, or items pertaining to the project. 2) Any real property acquired or improved in whole or in part with CDBG funds in excess of $500.00 under the Subrecipient's 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 longer period Of time as determined to be appropriate by the City. 3) In the event the Subrecipient does not expend the amount allocated under this Agreement or the project is canceled, expired, assigned or terminated for any reason, any funds not claimed by the Subrecipient and approved by the City for allowable costs by the end of the term or by the date of cancellation, expiration, or termination of this Agreement, as the case may be, shall no longer be payable to the Subrecipient under this Agreement. 12. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS:. The Subrecipient agrees to comply with all applicable rules and regulations, as now in effect and as may be amended from time to time, including but not limited to those federal rules and regulations referred to in this Agreement. Unearned payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HUD at any time or if the grant to the City under Title I of the Housing and Community Development Act of 1974, is suspended or terminated. 13. CLAIMS AGAINST THE CITY: The Subrecipient agrees to defend, indemnify and save harmless the City from any and all claims of any nature whatsoever which may arise from the Subrecipient's performance of this Agreement; provided, however, that nothing contained in this Agreement shall be construed as rendering the Subrecipient liable for acts of the City, its officers, agents or employees. 14. CONFLICTS OF INTEREST: The Subrecipient represents that none of its employees, officers, or directors presently have any interest, either directly or indirectly, which would conflict in any Page 4 of 5 "Helping to Build a Better Community` Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM manner with the Subrecipient's performance or procurement under this Agreement, and that no person having such interest will be appointed or employed by the Subrecipient. 15. NOTICES: Communication and details concerning the Agreement shall be directed to the following contract representatives: Credit Counseling of Arkansas Joel Doelger Director of Community Relations & Housing Counseling 1111 Zion Road Fayetteville AR 72703 Citv of Favettevilie Community Resources Division Yolanda Fields, CGFM Community Resources Director 113 W Mountain St Fayetteville AR 72701 16. BINDING AFFECT: 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 Subrecipient hereby acknowledges receipt of a duty executed copy of this Agreement complete with all Exhibits attached hereto. EXECUTIONISIGNA TORIES TO AGREEMENT PROVIDED BELOW IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. Credit of Arkansas Doelger, Directch of Community tions & Housing Counseling Attested By: City of Fayetteville HUD Identification # B-1 B -MC -05-0001 Page 5 of 5 "Helping to Build a Better Community' Community Resources Division r I 0 CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM This Agreement is entered into on this 20th day of September 2018, between the City of Fayetteville, hereinafter known as the City, and OneCommunity hereinafter known as the "Subrecipient". WHEREAS the City has received funding under Title I of the Housing and Community Development Act of 1974, hereunder known as the "Act", through the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) from the Entitlement Cities program established under the Act as amended, and the rules, regulations, policy memoranda, and other authority; and, WHEREAS the Act contains certain requirements regarding the use of CDBG funds to fulfill a National Objective as defined in the Act, and, 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; and, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the Subrecipient agree as follows: 1. TERM OF AGREEMENT: The funding for this Agreement shall begin on the date first written above and expire on December 31, 2018; any funds not reimbursed prior to this date will revert back to the City. The final date reimbursement requests will be accepted is December 5, 2018 at Spm. 2. COMPLIANCE WITH APPROVED PROGRAM: The City hereby designates and the Subrecipient hereby agrees to receive the City's CDBG Subrecipient Grant and to administer such grant in accordance with this agreement, and the Act; and the Subrecipient certifies that the activities carried out with funds provided under this Agreement will meet at least one of the CDBG Program's National Objectives set forth by HUD as indicated in Attachment A (National Objective). 3. LIMITATION ON FUNDING: It is expressly agreed and understood that upon execution of the Agreement, the City agrees to allocate no more than the amount of Nine Thousand Five Hundred Dollars ($9,500.00) for the full and complete satisfactory performance of this Agreement. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Attachment 8 (Project Budget) and in accordance with performance. 4. AMENDMENTS: Any revision to this Agreement, including Attachments, shall only be made by a written amendment, approved by the City, to this Agreement. 5. SCOPE OF PROJECT: The Subrecipient shall perform all services according to the Statement of Work as indicated in Attachment C (Project Description). Any deviation from the provisions detailed in the Statement of Work shall be prohibited unless approved by the City and made an amendment to the Agreement. 6. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Subrecipient agrees to comply with the provisions of 24 CFR 570.502 Applicability of Uniform Administrative Requirements, as applicable, and all requirements and standards which include but are not limited to the following: Page 1 of 5 'Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM A. Allowable and Allocable Costs: Costs must be necessary, reasonable and directly related to the scope of the project in this agreement. In addition, costs must be legal and proper. The budget included in Attachment B (Project Budget) shall control amounts of allowable expenditures within budget categories. B. Timeliness Requirement: Seventy-five percent of the current grant allocation must be disbursed to the Subrecipient by September 1411 of the current grant year. C. Disbursement of Funds: The Subrecipient shall render to the City a request for reimbursement of project expenditures. D. Procurement: All contracts for services and procurement for materials shall be carried out in compliance with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and all other applicable federal, state, and local rules and regulations, including regulations and policies from the City's Purchasing Division. E. Documentation of Costs: The Subrecipient shall maintain records on materials purchased, services performed, individuals and families served. All costs shall be supported by evidencing in proper detail the nature and propriety of charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. F. Records and Reports: The Subrecipient shall, at a minimum, submit the following reports to the City: 1) Monthly beneficiary reports shall be submitted to the City fifteen days after month end. Monthly beneficiary reports shall be submitted on the City provided form and will provide demographic information, income level information (verifying majority of clients fall within HUD ILMI limits) and outline CDBG funded activities undertaken during each month. It will include a description of progress in meeting the prescribed CDBG National Objective as indicated in Attachment A. Failure to provide the required documentation and information will affect the funding in this agreement and future requests for funding. 2) Financial statements shall be submitted in order to receive reimbursement. Financial statements shall utilize the City provided reimbursement form and shall outline all expenses applicable to the CDBG assisted project that reimbursement is requested for. 3) A Final Summary Report due no later than January 31, 2019 shall include a summary of all compiled information described in paragraphs 6(E) and 6(F) (1) (2) above. 4) The Subrecipient agrees to maintain records and reports related to the project for a period of no less than five years following the term of this Agreement. 7. CDBG PROGRAM INCOME: Any income directly generated from the use of the CDBG grant funds shall be returned to the City of Fayetteville Community Development Block Grant Program in compliance with 24 CFR 570.504 (c) Program Income (Disposition of program income received by subrecipients). 8. ACCESS TO RECORDS: At any time during normal business hours and as often as the City deems necessary, the Subrecipient shall make available to the City for examination all of its records with respect to all matters covered by this Agreement. Further, the Subrecipient shall permit the City to make excerpts of transcripts from such records, make audits of all contracts, Page 2 of 5 'Helping to Build a Better Community" Community Resources Division i CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 9. MONITORING AND AUDITS: The City is required to ensure that federal CDBG program requirements are met, that the funds are used for the purpose of the program, and the Subrecipient complies with reporting and auditing requirements. The City will monitor and audit the Subrecipient to assure the compliance of project progress as stated in Attachment D (Project Schedule) along with all other attachments. A. Remedies for Non -Compliance: If the Subrecipient fails to comply with any term in this Agreement, the City may take one or more of the actions indicated in 2 CFR Part 200.338 Remedies for noncompliance. 10. PERFORMANCE TERM EXTENSION: The City may consider an extension of the term of performance based on justifiable circumstances beyond the control of the Subrecipient. The Subrecipient shall make application and submit documentation to the City regarding such circumstances, and acceptance of a proposal for the new time frame constitutes an amendment to the agreement. Any such request for extensions shall be subject to the written approval of the City, acted upon by the City within fourteen (14) days of the receipt of the notice of request for extension. The decision of the City shall be final and conclusive, provided that such approval shall not be unreasonably withheld. No requests for extension will be accepted after August 31. 11. PROGRAM CLOSE-OUT: A. Termination of Agreement: 1) Termination by City: Notification shall be provided in the form of a written notice specifying the effective date of termination. The City may terminate this Agreement in whole or in part for cause, which shall include: Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement, including compliance with approved program and Agreement conditions, and such statutes, executive orders and HUD directives as may become applicable at any time, Submission by the Subrecipient to the City of reports that are incorrect or incomplete in any material respect, Ineffective or improper use of funds provided under this Agreement; • Failure of the Subrecipient to supply the City with monthly reports and audits as required by the City herein; * Failure of the Subrecipient to comply with the City's corrective action plan respective to audits required by the City herein: 2) Termination by the Subrecipient: The Subrecipient may propose to terminate this Agreement in whole or in part, for good cause only by giving at least thirty (30) days written notice specifically stating the cause for such requested termination. Any such request for termination shall be subject to the written approval of the City, acted upon by the City within ten (10) days of the receipt of the notice of request to terminate. The decision of the Recipient shall be final and conclusive, provided that such approval shall not be unreasonably withheld. 3) Mutual Termination: This Agreement may also be terminated by either the City or the Page 3 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Subrecipient in whole or in part, by mutual agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City may terminate the award in its entirety. B. Use and Reversion of Assets: The Subrecipient shall use all CDBG-assisted property acquired under this Agreement in accordance with 24 CFR 570.505 Use of Real Property for a period of five (5) years following the date of project completion. Project completion is denoted by final payout of the grant award respective to the CDBG Program. Unless specified otherwise within this Agreement, at the conclusion, cancellation, assignment or termination of this Agreement, the disposition of assets under this Agreement shall be in compliance with 24 CFR 570.503 Agreements with Subrecipients, 24 CFR 570.504 Program Income and 24 CFR 570.505 Use of Real Property, as applicable, which include but are not limited to the following: 1) if this agreement is terminated or canceled in accordance with the terms, conditions, and procedures of this Agreement, thirty (30) days after termination of this agreement the Subrecipient shall provide and turn over to the City all materials, books, accounts, records, files and other papers, or items pertaining to the project. 2) Any real property acquired or improved in whole or in part with CDBG funds in excess of $500.00 under the Subrecipient's 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 longer period of time as determined to be appropriate by the City. 3) In the event the Subrecipient does not expend the amount allocated under this Agreement or the project is canceled, expired, assigned or terminated for any reason, any funds not claimed by the Subrecipient and approved by the City for allowable costs by the end of the term or by the date of cancellation, expiration, or termination of this Agreement, as the case may be, shall no longer be payable to the Subrecipient under this Agreement. 12. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS: The Subrecipient agrees to comply with all applicable rules and regulations, as now in effect and as may be amended from time to time, including but not limited to those federal rules and regulations referred to in this Agreement. Unearned payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HUD at any time or if the grant to the City under Title I of the Housing and Community Development Act of 1974, is suspended or terminated. 13. CLAIMS AGAINST THE CITY: The Subrecipient agrees to defend, indemnify and save harmless the City from any and all claims of any nature whatsoever which may arise from the Subrecipient's performance of this Agreement; provided, however, that nothing contained in this Agreement shall be construed as rendering the Subrecipient liable for acts of the City, its officers, agents or employees. 14. CONFLICTS OF INTEREST: The Subrecipient represents that none of its employees, officers, or directors presently have any interest, either directly or indirectly, which would conflict in any manner with the Subrecipient's performance or procurement under this Agreement, and that no Page 4 of 5 "Helping to Build a Better Community" Community Resources Division e CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM person having such interest will be appointed or employed by the Subrecipient. 15. NOTICES: Communication and details concerning the Agreement shall be directed to the following contract representatives: OneCommunity Diana Gonzales Worthen Executive Director 614 E Emma Ave. #M414 Springdale, AR 72764 Citv of Favetteville Community Resources Division Yolanda Fields, CGFM Community Resources Director 113 W Mountain St Fayetteville AR 72701 16. BINDING AFFECT: 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 Subreciplent hereby acknowledges receipt of a duly executed copy of this Agreement complete with all Exhibits attached hereto. EXECUTIONISIGNA TORIES TO AGREEMENT PROVIDED BELOW IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. OneCommunity Diana Gonzales Attested By: City of Fayetteville HUD Identification # B -18 -MC -05-0001 "Helping to Build a Better Community' Community Resources Division Page 5 of 5