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HomeMy WebLinkAbout108-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 108-20 File Number: 2020-0242 REALLOCATION OF 2018 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: A RESOLUTION TO APPROVE THE REALLOCATION OF 2018 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $112,000.00, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE COMPLIANCE ACKNOWLEDGMENTS, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on July 3, 2018, the City Council passed Resolution No. 149-18 approving 2018 Community Development Block Grant Action Plan funding in the amount of $668,915.00; and WHEREAS, the Department of Housing and Urban Development has approved the reallocation of funds based on community needs OneCommunity, EOA/Fayetteville Public Schools and Salvation Army. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute the Compliance Acknowledgments attached to this Resolution in the amount totaling $112,000.00, and further approves the reallocation of Fiscal Year 2018 funds as follows: OneCommunity $12,000.00 EOA/Fayetteville Public Schools $50,000.00 Salvation Army $50,000.00 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget Page 1 Printed on 418120 File Number- 2020-0242 Resolution 108-20 adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 4/7/2020 Attest: w •� FAYETTEVI LLE ; Kara Paxton, City Clerk Treasurer Page 2 Printed on 4/8/20 City of Fayetteville Staff Review Form 2020-0242 Legistar File ID 4/7/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Yolanda Fields 3/18/2020 COMMUNITY RESOURCES (642) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of reallocation of FY2018 funds and authority for the mayor to sign the compliance acknowledgements and approval of a budget adjustment reflecting the reallocation of funds. Budget Impact: See Below CDBG Account Number Fund NA NA Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ Current Balance I Does item have a cost? NA Item Cost $ - Budget Adjustment Attached? Yes Budget Adjustment $ 50,000.00 Remaining Budget $ 50,000.00 j V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: 2180.642.4940-5315.00 (Housing Contract Services) 1$(50,000) 2180.642.4990-5390.65 (Salvation Army) [$50,000 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 7, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Yolanda Fields, Community Resources Direc ❑ DATE: March 11, 2020 CITY COUNCIL MEMO SUBJECT: Approval of Reallocation of FY2018 funds and authority for mayor to sign the compliance acknowledgements RECOMMENDATION: Staff recommends the approval of reallocation of FY2018 funds and authority for the mayor to sign the compliance acknowledgements BACKGROUND: Resolution #149-18 approved 2018 Action Plan funding in the amount of $668,915.00. Based on community needs the reallocation of $112,000 for the following programs was approved by HUD. OneCommunity $12,000 EOA/Fayetteville Public Schools $50,000 Salvation Army $50,000 DISCUSSION: OneCommunity is a local nonprofit which focuses on increasing childhood literacy in low - moderate income neighborhoods. The funding reallocated will support OneCommunity's bi- lingual family literacy program, Feed Your Brain/Alimenta Tu Cerebro. The Economic Opportunity Agency (EOA) is a local organization that assists Fayetteville residents with financial and employment services. The EOA, together in partnership with Fayetteville Public Schools, will complete renovations of the EOA/Head Start space on the ALLPS School of Innovation campus. The funding awarded to the EOA will cover a portion of the costs associated with the renovations. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0242 Agenda Date: 4/7/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 5 REALLOCATION OF 2018 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: A RESOLUTION TO APPROVE THE REALLOCATION OF 2018 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $112,000.00, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE COMPLIANCE ACKNOWLEDGMENTS, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on July 3, 2018, the City Council passed Resolution No. 149-18 approving 2018 Community Development Block Grant Action Plan funding in the amount of $668,915.00; and WHEREAS, the Department of Housing and Urban Development has approved the reallocation of funds based on community needs OneCommunity, EOA/Fayetteville Public Schools and Salvation Army. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute the Compliance Acknowledgments attached to this Resolution in the amount totaling $112,000.00, and further approves the reallocation of Fiscal Year 2018 funds as follows: OneCommunity EOA/Fayetteville Public Schools Salvation Army $12,000.00 $50,000.00 $50,000.00 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 41812020 Salvation Army is a nonprofit that provides shelter to the homeless. The funding awarded to Salvation Army will cover a portion of the costs associated with the expansion of the shelter facility on MLK Jr. Blvd. BUDGET/STAFF IMPACT: $50,000 will be reallocated from Housing Contract Services (2180.642.4940-5315.00) to Salvation Army Public Facilities (2180.642.4990-5390.65) on the attached Budget Adjustment Attachments: Compliance Acknowledgements (OneCommunity) Compliance Acknowledgements (EOA/Fayetteville Public Schools) Compliance Acknowledgements (Salvation Army) HUD Approval Letter Budget Adjustment COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT YEAR 2020 PUBLIC FACILITIES SUBRECIPIENT GRANT COMPLIANCE ACKNOWLEDGEMENT This Acknowledgement is entered into on this Tk day of I 2020, between the City of Fayetteville Community Resources Division, hereinafter known as CR, and Fayetteville Public Schools and Economic Opportunity Agency of Washington County hereinafter known as the "Subrecipients". CR 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. The Act contains certain requirements regarding the use of CDBG funds to fulfill a National Objective as defined in the Act. The Act also prohibits discrimination under any program or activity funded with CDBG monies on the basis of race, color, national origin, sex, age or handicap. CR and the Subrecipients agree as follows 1. TERM OF ACKNOWLEDGEMENT: The funding for this Acknowledgement shall begin on the date first written above and expire on December 31, 2020; any funds not obligated prior to this date will not be disbursed. 2. COMPLIANCE WITH APPROVED PROGRAM: CR hereby designates and the Subrecipients hereby agree to receive CR's CDBG Subrecipient Grant and to administer such grant in accordance with this Acknowledgement, and the Act; and the Subrecipients certify that the activities carried out with funds provided under this Acknowledgement 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 Acknowledgement, CR agrees to allocate no more than the amount of Fifty Thousand Dollars and No Cents ($50,000.00) for the full and complete satisfactory performance of this Acknowledgement. Draw downs 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 Acknowledgement, including Attachments, shall only be made by a written amendment, approved by CR. 5. SCOPE OF PROJECT: The Subrecipients 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 CR and made an amendment to the Acknowledgement. 6. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Subrecipients agree to comply with the provisions of 24 CFR 570.502 (a) or (b) Uniform Administrative Requirements, as 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 Acknowledgement. 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. Page 1 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE ARKA!NSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM B. Timeliness Requirement: Seventy-five percent of the current grant allocation must be disbursed to the Subrecipients by September 18th of the current grant year. C. Disbursement of Funds: The Subrecipients shall render to CR a request for reimbursement of project expenditures. D. Procurement: All contracts for services and procurement for materials shall be carried out in compliance with 24 CFR Part 85.36 Administrative Requirements for Grants 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 Subrecipients 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 Acknowledgement shall be clearly identified and readily accessible. F. Records and Reports: The Subrecipients shall, at a minimum, submit the following reports to CR: 1) Quarterly beneficiary reports shall be submitted to CR fifteen days after quarter ends. Quarterly beneficiary reports shall be submitted on CR 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 quarter. It will include a description of progress in meeting the prescribed CDBG National Objective as indicated in Attachment A. Quarterly beneficiary reports shall continue for 5 years following completion of the facilities project. Failure to provide the required documentation and information will affect the funding in this Acknowledgement and future requests for funding. 2) Financial statements shall be submitted in order to receive reimbursement. Financial statements shall be submitted on CR provided reimbursement form and shall outline all expenses applicable to the CDBG assisted projects that reimbursement is requested for. 3) A Final Summary Report due no later than January 31, 2021 shall include a summary of all compiled information described in paragraphs 6(E) and 6(F) (1) (2) above. 4) The Subrecipients agree to maintain records and reports related to the project for a period of no less than five years following the term of this Acknowledgement. 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 CR deems necessary, the Subrecipients shall make available to CR for examination all of its records with respect to all matters covered by this Acknowledgement. Further, the Subrecipients shall permit CR 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 Acknowledgement. Page 2 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF 4'4 FAYETTEVILLE ARKAINSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 9. MONITORING AND AUDITS: CR is required to ensure that federal CDBG program requirements are met, that the funds are used for the purpose of the program, and the Subrecipients comply with reporting and auditing requirements. CR will monitor and audit the Subrecipients 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 Subrecipients fail to comply with any term in this Acknowledgement, CR may take one or more of the actions indicated in 2 CFR Part 200.338 Remedies for noncompliance. 10. PERFORMANCE TERM EXTENSION: CR may consider an extension of the term of performance based on justifiable circumstances beyond the control of the Subrecipients. The Subrecipients shall make application and submit documentation to CR regarding such circumstances, and acceptance of a proposal for the new time frame constitutes an amendment to the Acknowledgement. Any such request for extensions shall be subject to the written approval of CR, acted upon by CR within fourteen (14) days of the receipt of the notice of request for extension. The decision of CR shall be final and conclusive, provided that such approval shall not be unreasonably withheld. 11. PROGRAM CLOSE-OUT: A. Termination of Acknowledgement: 1) Termination by Citv: Notification shall be provided in the form of a written notice specifying the effective date of termination. CR may terminate this Acknowledgement in whole or in part for cause, which shall include: • Failure, for any reason, of the Subrecipients to fulfill in a timely and proper manner its obligations under this Acknowledgement, including compliance with approved program and Acknowledgement conditions, and such statutes, executive orders and HUD directives as may become applicable at any time, • Submission by the Subrecipients to CR of reports that are incorrect or incomplete in any material respect, • Ineffective or improper use of funds provided under this Acknowledgement; • Failure of the Subrecipients to supply CR with monthly reports and audits as required by CR herein; • Failure of the Subrecipients to comply with CR's corrective action plan respective to audits required by CR herein; 2) Termination by the Subrecipients: The Subrecipients may propose to terminate this Acknowledgement 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 CR, acted upon by CR 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 Acknowledgement may also be terminated by either CR or the Subrecipients 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 CR determines that the remaining portion of the award will not accomplish the purpose for which the award was made, CR may terminate the award in its entirety. "Helping to Build a Better Community" Page 3 of 5 Community Resources Division CITY OF FAYETTEVILLE W4ff ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM B. Use and Reversion of Assets: The Subrecipients shall use all CDBG-assisted property acquired under this Acknowledgement 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 Acknowledgement, at the conclusion, cancellation, assignment or termination of this Acknowledgement, the disposition of assets under this Acknowledgement shall be in compliance with 24 CFR 570.503 Agreements with Subrecipients, 24 CFR 570.504 Program Income and 24 CFR 670.505 Use of Real Property, as applicable, which include but are not limited to the following: 1) If this Acknowledgement is terminated or canceled in accordance with the terms, conditions, and procedures of this Acknowledgement, thirty (30) days after termination of this Acknowledgement the Subrecipients shall provide and turn over to CR 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 Subrecipients' control upon expiration or termination of this Acknowledgement 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 Acknowledgement, or for such longer period of time as determined to be appropriate by CR. 3) In the event the Subrecipients do not expend the amount allocated under this Acknowledgement or the project is canceled, expired, assigned or terminated for any reason, any funds not claimed by the Subrecipients and approved by CR for allowable costs by the end of the term or by the date of cancellation, expiration, or termination of this Acknowledgement, as the case may be, shall no longer , be payable to the Subrecipients under this Acknowledgement. 12. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS. The Subrecipients agree to comply with all applicable rules and regulations, as amended from time to time, including but not limited to those federal rules and regulations referred to in this Acknowledgement. Unearned payments under this Acknowledgement 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. CONFLICTS ❑F INTEREST: The Subrecipients represent that none of its employees, officers, or directors presently have any interest, either directly or indirectly, which would conflict in any manner with the Subrecipients' performance or procurement under this Acknowledgement, and that no person having such interest will be appointed or employed by the Subrecipients. Page 4 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE ►h ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 14. NOTICES: Communication and details concerning the Acknowledgement shall be directed to the following contract representatives: Fayetteville Public Schools Dr. Megan Slocum Associate Superintendent 2350 W Old Farmington Rd Fayetteville, AR 72701 ECA of Washington County_ Lance Johnson Director, Children's Services 1643 E Huntsville Road Fayetteville, AR 72701 Lity of Fayetteville Community Resources Division Yolanda Fields, CGFM Community Resources Director 113 W Mountain St Fayetteville AR 72701 EXECUTION/SIGNATORIES TO COMPLIANCE ACKNOWLEDGEMENT PROVIDED BELOW Fayetteville Public Schools Dr. Me an Slocum, Associate Superintendent Community Resources Division Yul4da Resources Director City of Fayetteville HUD Identification # B-20-MC-05-0001 EOA of Washington County Lance Johnson, Director Page 5 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF _ FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT YEAR 2020 PUBLIC FACILITIES SUBRECIPIENT GRANT COMPLIANCE ACKNOWLEDGEMENT This Acknowledgement is entered into on this J-:L1 day ofArn 2020, between the City of Fayetteville Community Resources Division, hereinawn as CR, and The Salvation Army of Northwest Arkansas hereinafter known as the "Subrecipient". CR 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. The Act contains certain requirements regarding the use of CDBG funds to fulfill a National Objective as defined in the Act. The Act also prohibits discrimination under any program or activity funded with CDBG monies on the basis of race, color, national origin, sex, age or handicap. CR and the Subrecipient agree as follows: 1. TERM OF ACKNOWLEDGEMENT: The funding for this Acknowledgement shall begin on the date first written above and expire on December 31, 2020; any funds not obligated prior to this date will not be disbursed. 2. COMPLIANCE WITH APPROVED PROGRAM: CR hereby designates and the Subrecipient hereby agrees to receive CR's CDBG Subrecipient Grant and to administer such grant in accordance with this Acknowledgement, and the Act; and the Subrecipient certifies that the activities carried out with funds provided under this Acknowledgement 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 Acknowledgement, CR agrees to allocate no more than the amount of Fifty Thousand Dollars and No Cents ($50,000.00) for the full and complete satisfactory performance of this Acknowledgement. Draw downs 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 Acknowledgement, including Attachments, shall only be made by a written amendment, approved by CR. 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 CR and made an amendment to the Acknowledgement. 6. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Subrecipient agrees to comply with the provisions of 24 CFR 570.502 (a) or (b) Uniform Administrative Requirements, as 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 Acknowledgement. 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. Page 1 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM B. Timeliness Requirement: Seventy-five percent of the current grant allocation must be disbursed to the Subrecipient by September 18th of the current grant year. C. Disbursement of Funds: The Subrecipient shall render to CR a request for reimbursement of project expenditures. D. Procurement: All contracts for services and procurement for materials shall be carried out in compliance with 24 CFR Part 85.36 Administrative Requirements for Grants 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 Acknowledgement shall be clearly identified and readily accessible. F. Records and Reports: The Subrecipient shall, at a minimum, submit the following reports to CR: 1) Quarterly beneficiary reports shall be submitted to CR fifteen days after quarter ends. Quarterly beneficiary reports shall be submitted on CR 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 quarter. It will include a description of progress in meeting the prescribed CDBG National Objective as indicated in Attachment A. Quarterly beneficiary reports shall continue for 5 years following completion of the facilities project. Failure to provide the required documentation and information will affect the funding in this Acknowledgement and future requests for funding. 2) Financial statements shall be submitted in order to receive reimbursement. Financial statements shall be submitted on CR provided reimbursement form and shall outline all expenses applicable to the CDBG assisted projects that reimbursement is requested for. 3) A Final Summary Report due no later than January 31, 2021 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 Acknowledgement. 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 CR deems necessary, the Subrecipient shall make available to CR for examination all of its records with respect to all matters covered by this Acknowledgement. Further, the Subrecipient shall permit CR 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 Acknowledgement. Page 2 of 5 "Helping to Build a Better Community" Community Resources Division COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 9. MONITORING AND AUDITS: CR 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. CR 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 Acknowledgement, CR may take one or more of the actions indicated in 2 CFR Part 200.338 Remedies for noncompliance. 10. PERFORMANCE TERM EXTENSION: CR 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 CR regarding such circumstances, and acceptance of a proposal for the new time frame constitutes an amendment to the Acknowledgement. Any such request for extensions shall be subject to the written approval of CR, acted upon by CR within fourteen (14) days of the receipt of the notice of request for extension. The decision of CR shall be final and conclusive, provided that such approval shall not be unreasonably withheld. 11. PROGRAM CLOSE-OUT: A. Termination of Acknowledgement: 1) Termination by CR: Notification shall be provided in the form of a written notice specifying the effective date of termination. CR may terminate this Acknowledgement 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 Acknowledgement, including compliance with approved program and Acknowledgement conditions, and such statutes, executive orders and HUD directives as may become applicable at any time, • Submission by the Subrecipient to CR of reports that are incorrect or incomplete in any material respect, • Ineffective or improper use of funds provided under this Acknowledgement; • Failure of the Subrecipient to supply CR with monthly reports and audits as required by CR herein; • Failure of the Subrecipient to comply with CR's corrective action plan respective to audits required by CR herein; 2) Termination by the Subrecipient: The Subrecipient may propose to terminate this Acknowledgement 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 CR, acted upon by CR 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 Acknowledgement may also be terminated by either CR 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 CR determines that the remaining portion of the award will not accomplish the purpose for which the award was made, CR may terminate the award in its entirety. Page 3 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM B. Use and Reversion of Assets: The Subrecipient shall use all CDBG-assisted property acquired under this Acknowledgement 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 Acknowledgement, at,the conclusion, cancellation, assignment or termination of this Acknowledgement, the disposition of assets under this Acknowledgement 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 Acknowledgement is terminated or canceled in accordance with the terms, conditions, and procedures of this Acknowledgement, thirty (30) days after termination of this Acknowledgement the Subrecipient shall provide and turn over to CR 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 Acknowledgement 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 Acknowledgement, or for such longer period of time as determined to be appropriate by CR. 3) In the event the Subrecipient does not expend the amount allocated under this Acknowledgement or the project is canceled, expired, assigned or terminated for any reason, any funds not claimed by the Subrecipient and approved by CR for allowable costs by the end of the term or by the date of cancellation, expiration, or termination of this Acknowledgement, as the case may be, shall no longer be payable to the Subrecipient under this Acknowledgement. 12. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS: The Subrecipient agrees to comply with all applicable rules and regulations, as amended from time to time, including but not limited to those federal rules and regulations referred to in this Acknowledgement. Unearned payments under this Acknowledgement 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. 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 Acknowledgement, and that no person having such interest will be appointed or employed by the Subrecipient. 14. NOTICES: Communication and details concerning the Acknowledgement shall be directed to the following contract representatives: The Salvation Armv of NWA Joshua Robinett Captain 219 W 161 Street Fayetteville, AR 72701 City of Fayetteville _ Community Resources Division Yolanda Fields, CGFM Community Resources Director 113 W Mountain St Fayetteville AR 72701 Page 4 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF is =- FAYETTEVILLE A; ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXECUTION/SIGNATORIES TO COMPLIANCE ACKNOWLEDGEMENT PROVIDED BELOW The Salvation Army of NWA ,1 Ashuaftbne�t,Captain Community Resources Division Yoiarta Fi I s ommunity Resources Director City of Fayetteville HUD Identification # B-20-MC-05-0001 Page 5 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT YEAR 2020 PUBLIC SERVICES SUBRECIPIENT GRANT COMPLIANCE ACKNOWLEDGEMENT This Acknowledgement is effective as of this -?�, day of Atori2020, between the City of Fayetteville Community Resources Division, hereinafter kryown as CR, and OneCommunity hereinafter known as the "Subrecipient". CR 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. The Act contains certain requirements regarding the use of CDBG funds to fulfill a National Objective as defined in the Act. The Act also prohibits discrimination under any program or activity funded with CDBG monies on the basis of race, color, national origin, sex, age or handicap. CR and the Subrecipient agree as follows 1. TERM OF ACKNOWLEDGEMENT: The funding for this Acknowledgement shall begin on the date first written above and expire on December 31, 2020; any funds not reimbursed prior to this date will not be disbursed. The final date reimbursement requests will be accepted is December 1, 2020 at 5:00 p.m. 2. COMPLIANCE WITH APPROVED PROGRAM: CR hereby designates and the Subrecipient hereby agrees to receive CR's CDBG Subrecipient Grant and to administer such grant in accordance with this Acknowledgement, and the Act; and the Subrecipient certifies that the activities carried out with funds provided under this Acknowledgement 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 signing the Acknowledgement, CR agrees to allocate no more than the amount of Twelve Thousand Dollars and No Cents ($12,000.00) for the full and complete satisfactory performance of this Acknowledgement. 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 Acknowledgement, including Attachments, shall only be made by a written amendment, approved by CR. 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 CR and made an amendment to the Acknowledgement. 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: A. Allowable and Allocable Costs: Costs must be necessary, reasonable and directly related to the scope of the project in this Acknowledgement. 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. ~ Page 1 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE l ARKANSAS WA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM B. Timeliness Requirement: Seventy-five percent of the current grant allocation must be disbursed to the Subrecipient by September 18th of the current grant year. C. Disbursement of Funds: The Subrecipient shall render to CR 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 Acknowledgement shall be clearly identified and readily accessible F. Records and Reports: The Subrecipient shall, at a minimum, submit the following reports to CR: 1) Monthly beneficiary reports shall be submitted to CR fifteen days after month end. Monthly beneficiary reports shall be submitted on the CR 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 for the duration of the project. 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 Acknowledgement and future requests for funding. 2) Financial statements shall be submitted in order to receive reimbursement. Financial statements shall utilize the CR 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, 2021 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 Acknowledgement. 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 CR deems necessary, the Subrecipient shall make available to CR for examination all of its records with respect to all matters covered by this Acknowledgement. Further, the Subrecipient shall permit CR 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 Acknowledgement. Page 2 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 9. MONITORING AND AUDITS: CR 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. CR 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 Acknowledgement, CR may take one or more of the actions indicated in 2 CFR Part 200.338 Remedies for noncompliance. 10. PERFORMANCE TERM EXTENSION: CR 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 CR regarding such circumstances, and acceptance of a proposal for the new time frame constitutes an amendment to the Acknowledgement. Any such request for extensions shall be subject to the written approval of CR, acted upon by CR within fourteen (14) days of the receipt of the notice of request for extension. The decision of CR shall be final and conclusive, provided that such approval shall not be unreasonably withheld. No requests for extension will be accepted after August 30. 11. PROGRAM CLOSE-OUT: A. Termination of Acknowledgement: 1) Termination by CR: Notification shall be provided in the form of a written notice specifying the effective date of termination. CR may terminate this Acknowledgement 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 Acknowledgement, including compliance with approved program and Acknowledgement conditions, and such statutes, executive orders and HUD directives as may become applicable at any time, • Submission by the Subrecipient to CR of reports that are incorrect or incomplete in any material respect, • Ineffective or improper use of funds provided under this Acknowledgement; Failure of the Subrecipient to supply CR with monthly reports and audits as required by CR herein; • Failure of the Subrecipient to comply with CR's corrective action plan respective to audits required by CR herein; 2) Termination by the Subrecipient: The Subrecipient may propose to terminate this Acknowledgement 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 CR, acted upon by CR 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 CIT`( OF -�f FAYETTEVILLE Midi ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 3) Mutual Termination: This Acknowledgement may also be terminated by either CR 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 CR determines that the remaining portion of the award will not accomplish the purpose for which the award was made, CR may terminate the award in its entirety. B. Use and Reversion of Assets: The Subrecipient shall use all CDBG-assisted property acquired under this Acknowledgement 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 Acknowledgement, at the conclusion, cancellation, assignment or termination of this Acknowledgement, the disposition of assets under this Acknowledgement 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 Acknowledgement is terminated or canceled in accordance with the terms, conditions, and procedures of this Acknowledgement, thirty (30) days after termination of this Acknowledgement the Subrecipient shall provide and turn over to CR 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 Acknowledgement 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 Acknowledgement, or for such longer period of time as determined to be appropriate by CR. 3) In the event the Subrecipient does not expend the amount allocated under this Acknowledgement or the project is canceled, expired, assigned or terminated for any reason, any funds not claimed by the Subrecipient and approved by CR for allowable costs by the end of the term or by the date of cancellation, expiration, or termination of this Acknowledgement, as the case may be, shall no longer be payable to the Subrecipient under this Acknowledgement. 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 Acknowledgement. Unearned payments under this Acknowledgement 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. 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 Acknowledgement, and that no person having such interest will be appointed or employed by the Subrecipient. Page 4 of 5 "Helping to Build a Better Community" Community Resources Division CITY OF FAYETTEVILLE ARKANSAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 14. NOTICES: Communication and details concerning the Acknowledgement shall be directed to the following contract representatives: OneCommunity _ City of Fayetteville Diana Gonzales -Worthen Community Resources Division Executive Director Yolanda Fields, CGFM 614 E Emma Ave Community Resources Director Suite M414 113 W Mountain St Springdale, AR 72764 Fayetteville AR 72701 EXECUTION/SIGNATORIES TO COMPLIANCE ACKNOWLEDGEMENT PROVIDED BELOW OneCommunity Diana Gonzales-. orlhen, Executive Director City of Fayetteville HUD Identification # B-20-MC-05-0001 Community Resources Division -J 1 Yol�a nda Fields, Co m lity Resources Director rage o or o "Helping to Build a Better Community" Community Resources Division tawm rr n, May 9, 2019 Ms. Yolanda Fields Director, Community Services Department City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Dear Ms. Fields: U.S. DEPARTNIENT OF HOUSING AND URBAN DEVELOPMENT Littic Rock Field OI'lice, Re_ion Vl 00We 01'CU111111U011Y Plannine and Development 425 West Capitol Avenue, Suite 1000 Little Rock. AR 72201 Phone (501)915-5700 - Fax (501)32-4-6142 tvuu.kuJ Gnr espanol.1110,4or We are in receipt of the City's letter concerning proposed changes in the City of Fayetteville's 2018 Community Development Block Grant (CDBG) Program. You state that the purpose of the letter is to inform HUD of the reallocation of the following: 2018 CDBG funds in the amount of $112,000 from the Housing Rehabilitation Program to three (3) projects. They are: OneCommunity (Public Service) - $12,000 — To implement a bi-lingual family literacy program. Economic Opportunity Agency (Public Facility) - $50,000 — Renovation of the EOA/Head Start space on the ALLPS School of Innovation campus. Salvation Army (Public Facility) - $50,000 — Expansion of the Salvation Army shelter facility on MLK Blvd. HUD Regulation 24 CFR 91.505 requires an amendment to the Consolidated Plan whenever a jurisdiction makes one of the following decisions: (1) To make a change in its allocation priorities or a change in the method of distribution of funds; (2) To carry out an activity, using funds from any program covered by the Consolidated Plan (including program income), not previously described in the Action Plan; or (3) To change the purpose, scope, location, or beneficiaries of an activity. Upon completion, the jurisdiction must make the amendment public and must notify HUD that an amendment has been made. It appears that the City has complied with Federal Regulation 24 CFR 91.505 and this amendment is herein approved. All other Federal requirements of the Consolidated Plan Regulations including environmental; labor; contracting and procurement practices; and displacement and relocation are applicable to this activity. Thank you for your prompt notification to HUD of these changes in your CDBG Program and for your continued interest in HUD's programs and services. Should you have questions concerning this letter or any other matters pertaining to your grant program, please contact Lisa Spigner, Community Planning and Development Representative, at (501) 918-5734. Sincerely, Renee D. Ryles Acting Director, Community Planning and Development cc; Honorable Lioneld Jordan Mayor, City of Fayetteville z City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division COMMUNITY RESOURCES (642) Adjustment Number 2020 /Org2 Requestor: Yolanda Fields BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends the approval of reallocation of FY2018 funds and authority for the mayor to sign the compliance acknowledgements and approval of a budget adjustment reflecting the reallocation of funds. RESOLUTION/ORDINANCE COUNCIL DATE: 4/7/2020 LEGISTAR FILE ID#: 2020-0242 Matthew Ma ddcp 312012020 10:01 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 4/7/2020 CHKD/POSTED: I v.20191231 TOTAL - Increase / (Decrease) Projedt.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 2180.642.4940-5315.00 (50,000) - EX Contract Services 2180.642.4990-5390.65 50,000 - EX CDBG Projects - Salvation Army H:\BudgetAdjustments\2020-Budget\City Council\04-07-2020\BA 2020-0242 CDBG FYI Reallocation 1 of 1