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HomeMy WebLinkAbout288-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 288-23 File Number: 2023-1443 SEVEN HILLS HOMELESS CENTER (SUBRECIPIENT AGREEMENTS): A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN SUBRECIPIENT AGREEMENTS WITH SEVEN HILLS HOMELESS CENTER AND ITS PARTNER AGENCIES, PURSUANT TO RESOLUTION NO. 233-23 AND RFP 23-12, IN THE AMOUNT OF $1,630,000.00 FOR A PROJECT TO ADDRESS HOUSING INSTABILITY IN FAYETTEVILLE WHEREAS, on October 17, 2023, the City Council, sitting as the selection committee, selected a proposal by Seven Hills Homeless Center for a comprehensive solution from concept to execution to address housing instability using the remaining $1.63 million of the City's American Rescue Plan Act funds, which included individual projects by Seven Hills and five partner agencies; and WHEREAS, also on October 17, 2023, the City Council approved Resolution 233-23 authorizing Mayor Jordan to sign a subrecipient agreement with Seven Hills to fund the proposed projects but the resolution did not specifically authorize agreements with Seven Hills Homeless Center's partner agencies; and WHEREAS, while the American Rescue Plan Act authorizes funds to be provided to sub-subrecipients under certain conditions, the scope of the New Beginnings NWA project will require a separate subrecipient agreement. 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 sign subrecipient agreements, pursuant to RFP 23-12, in the total amount of $1,630,000.00 for a project to address housing instability in Fayetteville. A copy of the Seven Hills Homeless Center proposal is attached to this Resolution. The Mayor is authorized to sign subrecipient agreements with Seven Hills Homeless Center, as the fiscal agent, and with the following partner agencies for the projects described in RFP 23-12: • DiVAology, Inc. d/b/a DiVA & DuDe Community Outreach • CPR NWA Incorporated • NWA Continuum of Care • The Salvation Army • Serve Northwest Arkansas, Inc. d/b/a New Beginnings NWA Page 1 Resolution: 288-23 File Number. 2023-1443 PASSED and APPROVED on December 19, 2023 A nnrnvvrl Page 2 Attest: r Kara Paxton, City Cl < Treasurem ; 1 AYE 1 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 19, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-1443 FROM: Blake Pennington, Assistant City Attorney DATE: SUBJECT: Subrecipient Agreements with Seven Hills Homeless Center's partner agencies RECOMMENDATION: Approval of a resolution authorizing Mayor Jordan to sign subrecipient agreements with each of the Seven Hills Homeless Center's partner agencies as outlined in the proposal submitted in response to RFP 23-12. BACKGROUND: On October 17, 2023, the City Council, sitting as the selection committee, selected a proposal by Seven Hills Homeless Center for a comprehensive solution from concept to execution to address housing instability using the remaining $1.63 million of the City's American Rescue Plan Act funds, which included individual projects by Seven Hills and five partner agencies. Also on October 17, 2023, the City Council approved Resolution 233-23 authorizing Mayor Jordan to sign a subrecipient agreement with Seven Hills but the resolution did not specifically authorize agreements with the Seven Hills partner agencies. DISCUSSION: While the American Rescue Plan Act authorizes funds to be provided to sub-subrecipients under certain conditions, the scope of the New Beginnings NWA project will require a separate subrecipient agreement. The New Beginnings portion of this project will use more than half of the $1.63 million approved by the City Council and will require specific restrictions in the agreement that apply to land purchases using federal funds. Our office recommends that the City Council specifically authorize Mayor Jordan to sign subrecipient agreements with New Beginnings NWA and the other partner agencies included in the the Seven Hills Homeless Center's proposal. BUDGET/STAFF IMPACT: Budget impact was addressed by Resolution 233-23 ATTACHMENTS: RFP 23-12, Submittal - 7hills Homeless Center - E (#3), Draft ARPA Subrecipient Contract - New Beginnings NWA - 11.30.23 (#4), 233-23 RESOLUTION (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1443 Subrecipient Agreements with Seven Hills Homeless Center's partner agencies A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN SUBRECIPIENT AGREEMENTS WITH SEVEN HILLS HOMELESS CENTER AND ITS PARTNER AGENCIES, PURSUANT TO RESOLUTION NO. 233-23 AND RFP 23-12, IN THE AMOUNT OF $1,630,000.00 FOR A PROJECT TO ADDRESS HOUSING INSTABILITY IN FAYETTEVILLE WHEREAS, on October 17, 2023, the City Council, sitting as the selection committee, selected a proposal by Seven Hills Homeless Center for a comprehensive solution from concept to execution to address housing instability using the remaining $1.63 million of the City's American Rescue Plan Act funds, which included individual projects by Seven Hills and five partner agencies; and WHEREAS, also on October 17, 2023, the City Council approved Resolution 233-23 authorizing Mayor Jordan to sign a subrecipient agreement with Seven Hills to fund the proposed projects but the resolution did not specifically authorize agreements with Seven Hills Homeless Center's partner agencies; and WHEREAS, while the American Rescue Plan Act authorizes funds to be provided to sub-subrecipients under certain conditions, the scope of the New Beginnings NWA project will require a separate subrecipient agreement. 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 sign subrecipient agreements, pursuant to RFP 23-12, in the total amount of $1,630,000.00 for a project to address housing instability in Fayetteville. A copy of the Seven Hills Homeless Center proposal is attached to this Resolution. The Mayor is authorized to sign subrecipient agreements with Seven Hills Homeless Center, as the fiscal agent, and with the following partner agencies for the projects described in RFP 23-12: • DiVAology, Inc. d/b/a DiVA & DuDe Community Outreach • CPR NWA Incorporated • NWA Continuum of Care • The Salvation Army Page 1 Resolution: 288-23 File Number: 2023-1443 • Serve Northwest Arkansas, Inc. d/b/a New Beginnings NWA Page 2 CITY OF WA FAYETTEVILLE ARKANSAS RFP 23-12 Addendum 1 7hills Homeless Center Supplier Response Event Information Number: RFP 23-12 Addendum 1 Title: Innovative Concepts for Housing Solutions and Case Management Type: Request for Proposal Issue Date: 6/25/2023 Deadline: 8/15/2023 02:00 PM (CT) Notes: The City of Fayetteville is seeking proposals for innovative concepts for housing and case management. Any questions regarding this RFP shall be directed to Les McGaugh, City of Fayetteville Purchasing Director at Imcgaugh(a)fayetteville-ar.gov. Contact Information Contact: Les McGaugh - Purchasing Director Address: Purchasing Room 306 City Hall 113 West Mountain Street Fayetteville, AR 72701 Phone: (479) 575-8289 Email: Imcgaugh@fayetteville-ar.gov Page 1 of 2 pages Vendor: 7hills Homeless Center RFP 23-12 Addendum 1 7hills Homeless Center Information Contact: Becci Sisson Address: 1519 S. School St. Fayetteville, AR 72701 Phone: (479) 435-6685 Email: Becci@7hillscenter.org Web Address: 7hillscenter.org By submitting your response, you certify that you are authorized to represent and bind your company. K Rebecca Sisson becci@7hillscenter.org Signature Email Submitted at 811512023 12:59:49 PM (CT) Requested Attachments RFP 23-12, Innovative Concepts for Housing Solutions and Case Innovative Concepts for Management Housing.pdf Please attach the signed and completed RFP form, located in the 'Attachments' tab, along with any additional documents. Response Attachments Proposal Resume.pdf Proposer resume Disclosure.pdf Disclosure Bid Attributes 1 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read all addendum(s) that have been issued for this solicitation, if applicable. 0 I agree Page 2 of 2 pages Vendor: 7hills Homeless Center RFP 23-12 Addendum 1 Executive Summary Overview Addressing homelessness in Fayetteville requires a system -wide response grounded in authentic collaboration. This proposal brings together housing and homeless service providers to increase the local capacity to make homelessness rare, brief, and non -recurring in our community. The Need The need for affordable housing and a robust homeless response system continues to intensify in our community. The 2023 Point -in -Time Survey counted 262 "literally homeless" people on a given night in Fayetteville. On that night, 55% slept in an emergency or transitional shelter while 45% were unsheltered— sleeping in places not meant for human habitation. The NWA Continuum of Care estimates that 125-150 people in our region qualify as "chronically homeless," which involves people who have a disability alongside long-term, recurring homelessness. The vast majority of chronically homeless individuals reside in Fayetteville. In addition, according to the Fayetteville School District's Year 2022-2023 data, 254 students in the district qualify as homeless, the vast majority of whom are temporarily sharing housing with another family member or friend, due to a crisis (i.e. "doubled -up"). While re -housing programs do exist to help people regain housing in private market rentals, programs effectiveness is curtailed by the shortage of private market landlords willing to work with tenants using housing vouchers and assistance programs. Currently, 11 people receiving support through the City's HEARTH program are enrolled but seeking landlords who will lease to them and 17 of FHA's emergency housing vouchers reserved for people exiting homelessness are not leased up. In the current housing market, many property managers do not see an incentive to lease to prospective tenants receiving voucher or program support. The Innovative Solution This proposal entails a holistic, collaborative plan to enhance capacities within our homeless response system to meet the needs of people in various circumstances who are affected by the affordable housing and homelessness crisis. Very different interventions are needed to resolve homelessness for a family with children who were recently evicted due to a job loss, versus an able -bodied -able -minded individual sleeping in their car, versus a person with a lifelong disability who has been camping in a tent for the past ten years. In this proposal, resources are targeted and coordinated to meet people along the spectrum of services that will most efficiently and effectively resolve their homelessness. This proposal will: • Expand street outreach services utilizing "housing problem solving" and "diversion" techniques to engage with newly homeless and nearly homeless people. These strategies help a person resolve their housing crisis by using the resources within their current support system boosted by flexible funds spent to solve a missing piece of the puzzle for the person, thereby diverting them from our shelter system. Intervening on the front end is the least destabilizing to an individual or family at -risk or in the very early stages of homelessness. It is also the most cost-efficient dollar the homeless response system spends, because it diverts people from more costly system expenses if a person spirals into longer -term homelessness. • Expand immediate shelter capacity by an additional 64 individual beds through converting the 7hills Homeless Center transitional dormitory building into a low -barrier congregate overnight shelter. Case management with the shelter guests will be re -housing focused. • Expand family focused shelter by implementing the Salvation Army's Pathway of Hope model, potentially in conjunction with the launch of the Family Promise initiative in Fayetteville. Pathway of Hope provides case management and re -housing financial assistance targeted exclusively to families with children. In addition there is opportunity to partner with the Family Promise initiative which is currently being explored by a group of Fayetteville congregations to create family -dedicated shelter space on a rotation between participating congregations. If this initiative becomes a reality in the near future, our proposal intends to help kickstart that effort with supplies or facility modifications and pair those shelter guests with the case management and re -housing assistance availible through Pathway of Hope. • Open a permanent supportive housing micro -neighborhood so 6-10 chronically homeless people can move out from New Beginnings into affordable homes with personalized support, in an established Fayetteville neighborhood. Permanent supportive housing is a proven tool to help people with disabilities and long-term homeless backgrounds become stable and thrive in their own homes. As 6-10 people move on to supportive housing, 6-10 new chronically homeless people will move off the street and into New Beginnings. • Expand the NWA CoC landlord engagement program to recruit and incentivize private market landlords in Fayetteville to lease to people receiving vouchers or other program support as they regain housing. The program offers incentives for first-time landlord partners and second -year lease -ups as well as a risk mitigation fund to address concerns about property damage. This expansion will accelerate the rate at which people in re -housing programs are able to move from shelters and into permanent housing. 3 Project Implementation The fiscal agent for this proposal is 7hills Homeless Center working closely with a team of partner agencies who are experienced in implementing the services and programs identified in the proposal. The cohort of agencies who are party to this proposal will complete training together on ARPA compliance, collective impact, trauma informed practice, and diversity equity and inclusion. The cohort will meet bi-monthly to coordinate implementation of the proposal. Fiscal Agent 7hills Homeless Center 1832 S. School Ave Fayetteville, AR, 72701 2 Proposal Part 1 - Solution Concept This proposal sees clearly that a system problem needs a system solution. Each partner in this proposal brings their expertise and experience to bear to implement our shared agenda. This solution points new resources to the places in our homeless response system that will have the broadest and deepest impact: increasing our capacity to meet people on the front end with resources to prevent them from spiraling into homelessness, helping unsheltered individuals and families access dignified shelter and exit as quickly as possible to permanent housing, and beginning to develop supportive housing for people in our community with disabilities who may need ongoing support. A stronger homeless response system means fewer people will fall into homelessness and more people will access the level of services and support they need to return to permanent housing as quickly as possible. Part 2 - Who is the team and does it have capacity? Fiscal Agent - 7hills Homeless Center Subcontractor - Diva & Dudes Community Outreach & C.P.R. NWA Subcontractor - NWA Continuum of Care Subcontractor - Salvation Army Subcontractor - New Beginnings NWA 7hills Homeless Center has demonstrated financial management capacity through successfully managing funds from the City of Fayetteville for the past 6 consecutive years. Partner agencies to this proposal are the most experienced service providers in the region, specializing in complimentary services within the homeless response system. Part 3 - How do you plan to implement this solution? This proposal will be implemented with 7hills Homeless Center as the responsible agent liaising with the City of Fayetteville. 7hills will subcontract with each participating agency to implement the different aspects of the plan. Participating agencies will coordinate together through shared training and regular coordination. The project will provide status updates to City staff at 6 month intervals. The component projects of this proposal are detailed below. Each project identifies the agency that will serve as the sub -contractor for that piece of the plan. Each project estimates the number of people sheltered and housed by the activities within that plan. 5 Some aspects of the plan are force multipliers across projects, for example, as the landlord engagement initiative recruits and incentivizes landlords to work with re -housing programs, the individual and family shelter projects will be able to accelerate the rate at which people move out into permanent housing. Expand Street Outreach (Diva & Dudes Community Outreach) 2 Year Outcome: 125 People diverted from shelter system Street Outreach with Diversion will be provided through a partnership with the NWA CoC and Diva & Dudes Community Outreach and C.P.R NWA. This partnership will incorporate street outreach to provide immediate resources for individuals experiencing homelessness within the city limits of Fayetteville. Street Outreach entails proactively identifying and building relationships with individuals or families living in unsheltered settings for the purpose of providing immediate support and connections with homeless assistance programs or mainstream social services and housing programs. This is the front door of our homelessness service system — often the first interaction a person in crisis has with the homeless response system. The purpose of street outreach is a) to assist people to resolve their housing crisis without becoming a long-term participant in the homeless care system and b) to connect people to the most appropriate homeless assistance programs in our system. Diversion Strategies are interactions which assist people to resolve their immediate housing crisis by accessing alternatives to the experience of unsheltered living. Our goal is to prevent individuals and families from spending a night at a shelter, in a motel with a voucher, in a place not meant for human habitation, or unsheltered. It entails a combination of services with flexible financial assistance, such as a one-way bus ticket to stay with a family member who lives outside of the region, a grocery gift card for the friend with whom the person can stay with while a permanent housing option is located, or the purchase a pair of workboots to enable a person staying in a hotel to start a new job and extend their stay in the hotel while they save for a housing deposit. The `homeward bound' option is a good example of how diversion works with unhoused people involved in the justice system. Street outreach with diversion services partners with the supervising agents in the Arkansas Department of Corrections to allow probationers to transfer back to their residing state in lieu of entering street homelessness in Fayetteville upon release. It also positively impacts unhoused people who have been released from jail awaiting trial. Providing problem solving and services to unhoused people released from jail helps them successfully meet the requirements of the court system while at the same time reducing jail system expenses accrued by high frequency utilizers. L Diversion services are available on call from partners in the homeless response system and work closely with other frontline service providers to intervene and follow up with appropriate candidates for diversion services. Street outreach with diversion services is delivered by people with lived experience whenever possible, as part of a trauma informed practice. Outreach/Diversion Services Budget Year 1 Year 2 staffing $25,000.00 $25,000.00 hotels stays $4,800.00 $4,800.00 transportation $4,800.00 $4,800.00 supplies $4,200.00 $4,200.00 flexible assistance fund $6,000.00 $6,000.00 Subtotal $89,600.00 Expand Immediate Shelter (7hills Homeless Center) 2 years Outcomes: 300 people in 64 shelter beds Expanding immediate shelter will be provided by 7hills Homeless Center. We are at a pivotal point in our community and the need to increase low -barrier, immediate shelter for people experiencing homelessness is NOW. 7hills Homeless Center is requesting funding for the following: • Renovation of the dorms at our Walker location. Convert the space from 16 individual transitional units into 16 rooms that will accommodate 2 bunk beds per room; allowing us to have 64 beds nightly for individual shelter. • Overnight shelter staff and security Immediate shelter, often referred to as emergency shelter, has a vital role to play in Housing First approaches to ending homelessness. We know that shelters must be low -barrier, have a focus on assessment and triage, and intentionally link to permanent housing resources so that people move through to housing quickly. Working with urgency to end homelessness for each person, each family, must be our goal Our current service model provides immediate needs at our DayCenter location and three types of housing options at the Walker location; rapid rehousing, transitional, and permanent supportive housing. Though we have seen success with this model we know there is a better way. Imagine the shift in this scenario for our neighbors that are 7 experiencing homelessness. SAFE overnight shelter, a shower, breakfast and a conversation with a case manager to set goals for the remainder of their day versus coming to our DayCenter location hoping to find a moment of recovery after a night of survival. This model provides a SAFE place for someone to be 24/7,allowing us to get to better outcomes. We will provide a place for people to store belongings, access employment services and healthcare, and quickly move on to permanent housing through our Housing Navigator and intensive case management support. What works for one person or family will not necessarily work for the next. There will be those who are not interested in moving inside to shelter, even after consistent outreach. Therefore, shelter should not be the only access point for permanent housing. Someone can be diverted away from entering the shelter system all together. Coordinated outreach teams, like Divas and Dudes, with "diversion" funds or flexible dollars to quickly move a person to stability, efficient coordinated entry processes that match them to the right housing intervention, and access to permanent housing resources can also be the answer. Immediate Individual Shelter Budget Year1 Year2 remodel units $75,000.00 0.00 staffing + security $250,000.00 $155,232.00 Subtotal $480,232.00 Expand family focused shelter (Salvation Army & Family Promise) Outcomes: 100 people sheltered and 60 people in permanent housing Expanding family -focused shelter will be provided by the Salvation Army's Pathway of Hope program, potentially in conjunction with the Family Promise initiative. Pathway of Hope is an approach for providing targeted case management and housing focused financial assistance to families facing homelessness. This program will accelerate the rate at which families can move on from shelter to permanent housing. It is rooted in a case management approach that focuses on client needs through a strength -based lens and utilizes short term financial assistance to help a family get its feet back under them. Family Promise is an initiative under exploration by Fayetteville congregations to offer their space for families in need of shelter, using partner congregations' facilities and volunteers on a rotating basis. If Family Promise becomes ready to launch funds will be spent on facility modifications and/or needed supplies. Pathways of Hope will partner to provide family focused case management for families in Family Promise. If LW Family Promise does not launch within this timeframe, funds will revert to the Pathways of Hope programming. Families will come to the program through referrals from the CoC coordinated entry process, from the school districts Families in Transition staff, community partners such as Family Promise, and other service providers in this cohort. Pathways of Hope key activities are: • Specialized case management for providing targeted services to families, changing life trajectories and increasing hope, using individualized case management plans specific to each family's needs. • Bringing all the Army's internal resources to bear, aligned to the goals of clients. In addition to targeted case management, these resources include assistance with food, clothing and household items, utility assistance and seasonal holiday assistance. • Catalyzing community collaboration in service with shared clients. Connecting families with employment, childcare, counseling, and other community resources. • Moving families from crises and vulnerability to stability and eventually self-sufficiency, tracking family progress along the way with a dedicated HMIS program with built in pre and post assessments. • Strengths -based case management services. Funds will partially cover a current Salvation Army case manager's salary to be able to focus that case manager exclusively on families. It will also cover financial assistance costs related to housing including rent assistance, utility deposits, rental application fees, move -in costs, and transportation. Through each family's involvement with Pathway of Hope, they will be introduced to both Salvation Army and other community based services. These include: job training, health services, childcare and education, housing options, legal services and more. Immediate Family Shelter Budget Year 1 Year 2 family promise kickstart $25,000.00 $0.00 case management $8,000.00 $8,000.00 rent and financial assistance $34,084.00 $34,084.00 Subtotal $109,168.00 E Open Permanent Supportive Housing (New Beginning NWA) Outcomes. 16 People, 8 in permanent housing 8 people in shelter New Beginnings NWA will develop the New Community, a supportive housing micro -neighborhood which will benefit 6-10 chronically homeless persons immediately and more than 30 chronically homeless persons over the life of the project. The project offers affordable, quality rental homes paired with personalized support services located in a welcoming neighborhood. New Beginnings support services will follow alongside each resident moving into their new home to promote the tenant's health and wellbeing while honoring their freedom and independence. This project helps address the critical shortage of supportive housing as an indispensable part of a comprehensive response to the homeless crisis facing our community. American Rescue Plan Funds will be used to purchase, remodel, and improve two triplexes. The units are located close to essential community services including public transportation. The property is under contract for $630,000.00. An additional $200,000 will be spent on an extensive renovation of the units to improve quality, upgrade energy efficiency, and prolong their useful life. An additional $120,000 will be spent on shared outdoor spaces, community gardens, and site development to set up the community for onsite aqua/hydroponic farming. This community -integrated model will showcase that people who are completing their recovery from chronic homelessness can thrive and belong within the neighborhoods and cities we already have. The New Community serves chronically homeless persons, which HUD defines as those who have a disability and have been homeless 12 months or more (often much longer). Within our local Continuum of Care, it is estimated 150 people are chronically homeless, with the vast majority living in Fayetteville. New Beginnings currently provides low -barrier, transitional shelter, for 20 individuals at a time. The vast majority of New Beginnings residents have acquired their ID documents, found stability through connecting with health and mental health services, have begun receiving income through starting employment and/or receiving disability benefits, and feel they are ready to move out into a long-term home of their own. However, these individuals face a community -level shortage of appropriate housing to move out into. Appropriate housing for chronically homeless individuals should be housing with key features rarely produced within the standard housing market. It should be: a) affordable to those on fixed income (disability income is typically $840/month), b) accessible to people who have no tenant history and are still working on criminal or credit background issues on their record, c) paired with wrap around support services to help people 10 remain stably housed and thrive, and d) ideally, is located within a "yes in my backyard" community of welcome and belonging. The New Community contains each of these key features: A) Affordability: The city's upfront subsidy using ARPA funds enables units to be offered at rates affordable to people on disability income and still carry the cost of taxes, insurance, maintenance, and property management fees. B) Accessibility: Renter qualifications will be relaxed to allow people working on credit and criminal background issues and who have no recent tenant history a second chance at housing. C) Support Services: Support services are provided by extending and enhancing the New Beginnings support team to tailor support to the needs of the tenants in their homes. The presence of social work services on the team offers assistance with social services navigation (such as SNAP, SSI, SSDI, Arkansas Works Health Insurance, Medicaid, Medicare, Veterans benefits). The presence of occupational therapy on the team offers life skills training that a person may have never learned or may have been lost during the course of physical or mental illness, substance use, or homelessness. This support equips community members to succeed independently at doing the things they want and need to do each day including personal hygiene, clothing care, nutrition and cooking, home management, leisure, work, money management, and more. The presence of peer advocacy on the team offers support from a person with first-hand experience with mental illness, substance abuse, and/or homelessness. Peer advocates have completed peer -training to become competent in assisting others as they walk their own journey. Peers assist individuals to stay connected to recovery services and to their own personal support system They help answer questions, give encouragement, and offer guidance based on their own lived expertise. New Beginnings current support team and its partners allows for the team to adjust how much time and what kind of support is most helpful to promote tenants stability and success in the community. 11 In addition to personal support services, the complex is governed by a "supportive property management" approach that works best for mission -driven housing. Supportive property management delineates appropriate role differences between property managers and support service providers, promotes confidentiality, healthy boundaries, and coordinates between an at -risk tenant and their support team to equip each tenant to meet high standards and ensure a quality living environment for everyone. D) Community of belonging: The good neighbor program helps develop positive relationships among those who live in New Community and those in the broader neighborhood. The program offers free education to neighbors about health, mental health, and behavioral health issues and how to welcome neighbors who are recovering from long-term homelessness. It offers a community garden for the whole neighborhood to share. It hosts neighborhood events to promote positive interactions between those who live and play in the broader neighborhood. New Beginnings will privately fundraise the cost of providing ongoing support services to tenants in the New Beginnings. Any unspent funds from the capital improvements portion of the budget will be used to supplement operation and support services costs during year one and two. Due to the vagaries of the local real estate market, two backup properties have been vetted for further exploration in addition to the triplex scenario. Scenario #2 follows a similar approach as the triplexes but with an 18 unit multi -family complex near Walker Park. New Beginnings has made a backup offer for this property for $1,300,000.00. In this scenario, New Beginnings will raise additional funds privately to complete the purchase and renovations. Scenario #3 entails developing a portion of New Beginnings current property with 6 Avery Park Model tiny homes. Scenario #1: Under Contract $630,000 1902, 1920 W Kaywood Ln, Fayetteville, AR, 72701 Scenario #2: Backup Offer $1,300,000 270, 272, 274, 276, 278, 280, 203, 205, 207, 209, 239 E 12th St, Fayetteville, AR, 72701 Scenario #3: New Beginnings NWA's Current Property $927,000 Site Development: $485,000 6 Avery PMRV Tiny Homes: $432,000 12 Permanent Supportive Housing Year 1 Year 2 housing units $630,000.00 rehabilitation $200,000.00 landscaping/gardens $50,000.00 $50,000.00 Subtotal $930,000.00 Expand Landlord Engagement Initiative Outcomes. Indirectly contribute to permanent housing numbers The NWA Continuum of Care Landlord Engagement Initiative was created as a regional response to recruit and retain landlords willing to lease to people transitioning from homelessness to housing using support programs or housing choice vouchers. This initiative was created because landlords were not renting to people who had vouchers. Whether it was negative past experiences with damage done to the apartment or those individuals served by housing programs tend to have low credit scores and poor criminal background issues, there never seemed to be adequate opportunity for partnership with many landlords. Through this initiative, landlords will be given an opportunity to connect with the housing case manager in a way that builds trust and a transparency that leads to positive outcomes for both the landlord and the tenant. A robust landlord engagement initiative creates viable re -housing opportunities regardless of if the prospective tenant ho voucher, a rapid rehousing program, or a Currently the City of Fayetteville's Hearth struggling to find housing that will meet t client's needs. Favetteville Housinq Auth usehold is supported by a housing choice permanent supportive housing program. Program has 11 voucher clients that are he qualification of the Hearth Program and the oritv 19 Emergencv Housinq Vouchers that are waiting to be leased up as well. Rapid Re -housing grant -funded projects throughout the city also identify this barrier to moving program participants into housing. 13 This initiative will provide a $500 bonus payment for first -year leases with a $250 bonus for a 2nd year lease up for each individual/family that the landlord houses off the CoUs coordinated entry systems "by -name list". Additionally, the initiative will provide up to $750 for repairs incurred after the deposit is spent. Landlord Engagement Budget Year 1 Year 2 voucher program incentives $7,500.00 $7,500.00 risk mitigation funds $2,250.00 $3,750.00 Subtotal $21,000.00 Combines Shelter and Housing Outcomes Outcomes Proposal component # of people in shelter # of people in permanent beds supportive housing units Purchase Permanent 8 8 Supportive Housing and Case Management Expand Individual 300 75 Shelter and Case Management Launch Family 50 30 Shelter Project and Case Management Increase Street 25 Outreach and Diversion Services Expand Landlord N/A N/A Engagement Program Provide Cohort N/A N/A Training for Collective Impact Total 358 138 14 Part 4 - What experience does the team have that makes this solution viable? Partner agencies in this proposal have varying years of experience working with people impacted by homelessness and insecure housing. Over the past decade, these teams have worked diligently to break down the silos and to utilize each other's expertise in ways that benefit the organizations and the clients that are being served. In the last two years, there has been a marked shift in terms of collaboration and understanding the importance of the non -duplication of efforts. With this specific project, the team has created a client -centered, outcome -based process where the client has multiple touch points from street outreach through emergency shelter or diversion all the way to housing. This A to Z process requires clear communication, full transparency and the ability to work together for a common goal. Our team continues to work in this manner through other programs such as utilizing the SAFE program through the City of Fayetteville for extreme weather. This process is collaborative with clear communication, guidelines and complete transparency. Many of the partner agencies in this proposal have administered HUD funded projects and have experience with compliance and reporting requirements. Many have also worked with the City of Fayetteville utilizing block grant funds and other revenue sources. The team believes that utilizing the knowledge and understanding that we have all gained over the past few years along with knowledge from the City of Fayetteville and the council that this project not only is viable but it is a project that can be sustained, extended, and duplicated within Fayetteville and throughout the region. Part 5 - Timeline of project The rollout of these funds will occur over the course of two years. Year 1 - In the first year new street outreach with diversion strategies will be fully implemented, more than sixty additional individual shelter beds will be online, family focused case management and financial assistance will be active, 80% of supportive housing units will be leased up, and landlord engagement partners will be increased. Year 2 - In the second year funds will continue to fund street outreach, the operations of the expanded shelter beds, case management, and financial assistance, and landlord engagement initiative. 100% of the supportive housing units will be leased up. Part 6 - Long-term predictions and lasting effects 15 Without a doubt this RFP has helped this team realize the need for collaboration as we strengthen the ecosystem of service providers serving our homeless population. One of the key challenges to ending homelessness is the distributed nature of homelessness response. This team is committed to working together to examine how we can connect people to permanent housing, moving from a mentality of "my client" to "our clients." We can see the system as a whole and collectively remove barriers that are impacting the whole population of people experiencing homelessness. Our commitment to work together, along with the City of Fayetteville's financial commitment, will allow us collectively to support those experiencing homelessness and work towards the following [lasting COMMUNITY effects]: • Reduce new entries into homelessness by consistently offering prevention and diversion resources upfront. • Accelerate the rate at which people move through the system to permanent housing; • Increase number of dedicated supportive housing units • Improve data collection and data quality to provide accurate information on what kind of assistance the unhoused need. • NOT "end homelessness" but wouldn't that be a great long term prediction? Ending homelessness doesn't mean that no one is ever homeless again. It means that homelessness is rare and short because THIS community, YOUR community, has a strong system to immediately re -house someone who becomes homeless. IL Part 7 - Cost Proposal Innovative Housing Solutions Budget Year1 Year2 Outreach/Diversion Services staffing $25,000.00 $25,000.00 hotels stays $4,800.00 $4,800.00 transportation $4,800.00 $4,800.00 supplies $4,200.00 $4,200.00 flexible assistance fund $6,000.00 $6,000.00 Immediate Individual Shelter remodel units $75,000.00 staffing + security $250,000.00 $155,232.00 Immediate Family Shelter family promise kickstart $25,000.00 $0.00 case management $8,000.00 $8,000.00 rent and financial assistance $34,084.00 $34,084.00 Supportive Housing housing units $630,000.00 rehabilitation $200,000.00 landscaping/gardens $100,000.00 Landlord Engagement voucher program incentives $7,500.00 $7,500.00 risk mitigation funds $2,250.00 $3,750.00 2 Year Total $1,630,000.00 17 Debbie Martin 5 Copinsay Drive, Bella Vista, AR 72715 Phone: (479) 531-3957 E-mail: dmartin72712@gmail.com Highly self -motivated and goal oriented professional with more than 25 years of experience in both the nonprofit and for -profit business sectors. Committed to serving individuals by providing them with the resources necessary to help them meet their immediate and long term personal and professional goals. Possess the experience of working with a diverse population with wide ranges of socioeconomic and educational backgrounds. Professional demeanor with the ability to communicate a clear and concise message for a broad audience in both the written and spoken word. Working knowledge in: Grant Management Housing First Model Approach Nonprofit Finance Strategic Planning Organizational Collaboration Government Funding HMIS Homelessness & Housing Crisis Mgmt EDUCATION Master of Science in College Student Personnel, (4.0 GPA), Arkansas Tech University, May, 2014 Ministry Preparation Program - Ordained Deacon, (4.0 GPA), Nazarene Bible College, 2012 Bachelor of Science in Microbiology, University of Arkansas, 1989 Associate of Science in Computer Science, Mercer County Community College, 1988 PROFESSIONAL WORK EXPERIENCE Executive Director — NWA Continuum of Care — January 2023 to present Interim Executive Director — NWA Continuum of Care August, 2022 — December, 2022 • Took part in creating a community response to ending homelessness in NWA Collaborative Applicant for CoC FY 2022 Competition Created the processes for Coordinated Entry & the transition of the By Name List from Hark as a stand-alone process to one that incorporates the HMIS system Executive Director — Havenwood, Inc. 2015 — August, 2022 • Grant Management — Community, foundational and government grants for housing assistance for transitional housing program and community outreach programs • Increased yearly P& L from $100,000 to ending fiscal year 2022 at $800,000. • Transitioned Havenwood from a program of the Community Development Corporation of Bentonville & Bella Vista, Inc. to Havenwood, Inc. (50103 effective July 2019) • From 2020-2022, served over 130 households through housing and/or rental assistance to avoid eviction received by individuals and families • Ran a 14 family transitional housing program where families stayed for 2 years receiving counseling, case management and resource allocation Program Director — Havenwood Inc., 2014 — 2015 COMMUNITY SERVICE Board of Directors, NWA Continuum of Care (2016 — August 2022) • Vice Chair (2021 — August 2022) • Current Coordinated Entry and Case Conferencing Chair Board of Directors, Benton County Sunshine School (2008-2015) Kim(Karen) Koyote MA/M-ED 406 SW 6th Street Bentonville, AR 72712 575-770-5751 karenkoyote@gmail.com Has an extensive and varied background that includes experience in fundraising, counseling, case management, business, and education. Skills Solid work ethic, exceptional listener, motivational interviewing, highly analytical, flexible team player, proven relationship -builder, results -driven, detail oriented, innovative problem -solver, effective presenter Relevant Experience NORTHWEST ARKANSAS SALVATION ARMY AREA COMMAND Fayetteville, AR 2021 to Present Director of Social Services ■ Provides supervision and training to social services staff. ■ Writes grants and oversees grant requirements. ■ Oversees program structure and makes recommendations. ■ Develops Policies and Procedures for programs. ■ Provides oversight of HMIS data collection. ■ Participates in community homeless response. ■ Sits on key committees and boards in NW Arkansas. ■ Assists with program development. THE DREAMTREE PROJECT Taos, NM 2013 to 2016 Case Manager/Transitional Living Program ■ Screened, interviewed, and determined eligibility for program participants. ■ Completed intakes, assessments, and transition planning. ■ Provided skills training and advocated for participants. ■ Utilized motivational interviewing and harm reduction techniques. ■ Maintained records, files, and case management notes. ■ Collaborated with team members for participant progress. ■ Monitored standards for participant behavior. ■ Utilized Crisis Prevention Intervention and Nurtured Heart approaches. ■ Provided on call support to shelter staff as needed. Certifications: Life Coach, Hypnotherapy, CPR and First Aid Education MS Counseling/Psychology, UCO, Edmond, OR M-Ed Special Education, UCO, Edmond, OK. BS Voc-Ed, UCO, Edmond, OK. Related Experience: Art Therapy. Careers, Food and Nutrition and Life Skills curriculum development. CARLA SMITH-THOMPSON FOUNDER- CEO Contact Phone 479-235-0313 Email live@dlyfe.org Address 1200 W Walnut #1500 Rogers Arizansas 72756 Acknowledgements, Awards & Achievements Arizansas Community of Corrections 'Community Pillar Award' Blaclz Action Collective 'Leading with Excellence' Olzlahoma Juvenile Bureau 'Above & Beyond' Published Author International Podcaster Top 3 Most Cited (Scholarly) in United States DiVa & DuDe Community Outreach/Training Center 1985 to Current Arkansas, Oklahoma, Missouri, Mississippi, Nevada & Texas More than 20 years' experience in training development , strategy, motivation, team building, leadership, management, negotiation, and mediation. I am a published author, lived experience instructor, community liaison, with the ability to establish rapport with audiences and convey information with clarity and enthusiasm. Employment Experience Goodys Clothing 1998-2000 Cash Office Manager/Assistant Manager MC Squared 1998-2019 Owner Wal-Mart Inc 2000 - 2015 Import Logistics Coordinator/ Asset Protection/Area Manager Xprezzions Hair & Wigs 2008 - 2011 Owner Harbor House 2016 - 2018 Operations Manager/Recovery Coach Education NWA Community 2012 Board of Directors: Purdue Global Bachelors Degree NWA Continuum of Care Arts & Science Servants Heart Outreach 2014 NAACP NWA Purdue Global Masters Degree Regional Outreach Navigator Psychology SOLOMON BURCHFIELD RESUME PROFESSIONAL EXPERIENCE EXECUTIVE DIRECTOR NEW BEGINNINGS NWA, FAYETTEVILLE, AR CURRENT Responsible for all aspects of the New Beginnings bridge housing community. Designed and launched the project, facilitate strategic planning with board of directors, lead resource development efforts including writing grants and private giving, hire and supervise staff, development partnerships, recruit and coordinated volunteers, oversee all aspects of community operations. DIRECTOR OF OPERATIONS 7HILLS HOMELESS CENTER; FAYETTEVILLE, AR 2016 - 2019 Managed 7hills Day Center and Transitional Housing programs. Created and performed P&L management for budgets totaling $600k. Supervised team of nine staff members to deliver client services efficiently and effectively. Supervised maintenance and repairs of 27- unit apartment complex and day shelter facilities. Developed community partnerships to expand key services and deepen impact. Created monthly impact reports. OUTREACH COORDINATOR/CASE MANAGER, 7HILLS HOMELESS CENTER; FAYETTEVILLE, AR 2014 - 2016 Created plans for first NWA housing summit, in partnership with the VA, to increase access to housing for homeless veterans. Developed curriculum and taught classes on financial literacy and career development. Provided effective case management support for individuals transitioning out of homelessness. TEAM FACILITATOR, COMMUNITY VISION, PORTLAND, OR 2006 - 2009 Hired and led teams of 6-8 staff supporting individuals with significant behavioral issues. Engaged community partners to help individuals realize goals. Conducted weekly staff meetings to continuously improve quality of client services. EDUCATION OZARK CHRISTIAN COLLEGE, JOPLIN, MO — BACHELOR OF THEOLOGY (154 CREDIT HOURS COMPLETED) COMMUNITY INVOLVEMENT Co-chair, Arkansas Poor People's Campaign REBECCA SISSON (540) 819-2075 bsisson72@gmail.com WORK EXPERIENCE 7hills Homeless Center - January 2023 - Present Interim CEO/Director of Development • Currently providing guidance and oversight for the organization during staffing transitions. This includes building and maintaining critical relationships with key organizations in the community to ensure that the services provided by 7hills continue in a manner that serves those that need us most. • Responsible for ALL day to day fundraising activities. Roanoke Rescue Mission — July 2017 to December 2022 Director of Development • Successfully led my team to exceed our budgeted fundraising goal of $3.5 million dollars by $900k dollars in 2021; through online giving, monthly donor strategies and major gifts. We are on track to surpass that in 2022. • Oversight and implementation of all donor research, prospecting, cultivation and stewardship; current software experience is Donorperfect. • Responsible for all Marketing and Communication initiatives including; social media, traditional outlets, digital marketing and mailed piece trends. • Responsible for all aspects and support of the Roanoke Rescue Mission Foundation Board Planned Giving including; printed pieces, board development and recruitment and engagement of new board members. • Responsible for oversight of the Drumstick Dash and all aspects that changed during the pandemic which include; virtual options and progressive marketing initiatives, etc. This event nets $300k/year. • Responsible for grant management and grant procurement. • Led the following special projects/initiatives; Point in Time Count (HMIS/Clarity), Medical Street Outreach, Impact Data, Strategic Plan, Board Retreats and Annual Staff Retreats. • Volunteered as the volunteer coordinator for the Drumstick Dash (July 2015-2017) This Girl Paints — Owned and Operated August 2015-June 2017 YMCA of Roanoke Valley - February 2009 to July 2015 Association Director of Development (February 2009 to July 2015) • Annual Campaign - Provide direction and support to the Association (4 branches). • Provide strategic direction for collaborative programming with local non -profits. • Increased 2015 Annual Campaign dollars by 25% from 2014. • Created and Implemented Relationship Management Process. • Perform analysis of current donor trends within the organization and the Valley. • Work directly with the President/CEO to enhance Board Development and engagement, Board and Staff Retreats and the Strategic Planning Process. • Successfully plan and execute major events, including the Annual Board Meeting. • Provide leadership to my management peers in community engagement and networking. • Assist with the Botetourt Capital Campaign, prospect and donor cultivation. Boys & Girls Clubs of Southwest Virginia - August 2000 to January 2009 Chief Professional Officer (August 2000 to January 2009) • Organization Budget $4million. • Staff Leadership for corporate board and two area boards (60 Board Members). • Oversight of fifteen locations, 11 chartered within a service area spanning 100 miles. • Oversight of two capital campaigns; securing a major gift from the Sunshine Lady Foundation. • Established organizational endowment. • Established and maintained relationships with local governments and school systems in four counties. • Facilitated expansion into Martinsville Henry County, five locations. EDUCATION, TRAINING AND ACCOMPLISHMENTS John Brown University, Major Focus Psychology, May 1992-1995 A.A./B.S. Cortex Leadership, Leading a Winning Team, Graduate, December 2021 Professional Member, Associations of Fundraising Professionals Professional Certificate, Fundraising College, Association of Fundraising Professionals Certificate, Non Profit Leadership and Management Development BGCA Executive Leadership Certificate City of Fayetteville RFP 23-12, Innovative Concepts for Housing Solutions and Case Management SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: `� _1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: / ' kS 6tokx— Primary Contact &CG( Si_Sst5n Title of Primary Contact: Phone#1 (cell preferred): 540'81� aD_�T _Phone#2: V? 9 3ZQ. ©o?Ss- E-Mail Address: kxcci e 7mill5crrl4e-i.ny-eq1 City of Fayetteville, AR RFP 23-12, Innovative Concepts for Housing Solutions and Case Management Page 15 of 16 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED CITY OF _ FAYETTEVILLE ARKANSAS SUBRECIPIENT AGREEMENT for AMERICAN RESCUE PLAN City of Fayetteville, AR and SERVE NORTHWEST ARKANSAS, INC. D/B/A NEW BEGINNINGS NWA City of Fayetteville Subrecipient# ARPA-2023-011 This Subrecipient Agreement (Agreement) is entered into and effective on this day of , 2023 between the City of Fayetteville, hereafter referred to as ("the City) and Serve Northwest Arkansas, Inc. d/b/a New Beginnings NWA (hereinafter referred to as "New Beginnings" or the "subrecipient"). WHEREAS, Seven Hills Homeless Center and five partner agencies have requested funding for a project to address housing instability in Fayetteville, including the purchase of real property; and WHEREAS, The City of Fayetteville has received funding through the American Rescue Plan Act ("ARPA" or the "Act"), from the United States Department of the Treasury; and WHEREAS, it shall be hereby disclosed this Agreement shall make New Beginnings a subrecipient / pass -through entity under 2 CFR 200.1 receiving a subaward under sections 602(c)(3) and 603(c)(3) of the Act and be considered for this subaward to carry out a program or project on behalf of the City with the City's Federal award funding; and WHEREAS, the City notifies the subrecipient: (1) that this funding shall be considered a subaward of ARPA funds; (2) subrecipient shall adhere to any and all compliance requirements for use of ARPA funds; and (3) any and all reporting requirements for expenditures of ARPA funds; and WHEREAS, this Agreement is reflective of requirements issued and identified with the Final Rule of the Department of the Treasury; WHEREAS, this project qualifies under the final rule as a response to the negative economic impacts of the pandemic. Eligible uses within this category include cash assistance and programs or services to support long- term housing security including the development of affordable and permanent supportive housing. Services or programs under this heading, and projects for the development repair, or operation of affordable rental housing with certain income and affordability requirements are considered a presumptively eligible use. Treasury has also clarified in the Final Rule that transitional shelters are eligible capital expenses. Both the development of affordable housing (including operating subsidies) and wraparound services such as behavioral health services, employment services, and other supportive services, are eligible response to the public health crisis or its negative economic impacts. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, the City and subrecipient agree as follows: 1. INFORMATION REQUIRED BY THE UNIFORM GRANT GUIDANCE (UGG) 4200.332: a) Subrecipient Name (must match the name associated with its Unique Entity Identifier): New Beginnings NWA 1519 S. School Avenue Fayetteville, AR 72701 E I N :--------------------- b) Subrecipient's Unique Entity Identifier (formerly known as DUNS number): ---------------- c) Subaward Budget Period: Subaward budget period shall be set forth in Section 4 below. d) Total Amount of Federal Funds obligated to the subrecipient by the City: $930,000.00 e) Name of Federal Awarding Agency and Contact Information: United States Department of Treasury (US Treasury) Attn: State and Local Fiscal Recovery Funds 1500 Pennsylvania Avenue NW, Washington, DC 20220 SLFRP@treasury.gov Telephone: 202-622-6415 Website: https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local- and-tribal- governments/state-and-local-fiscal-recovery-fund Contact Information for the City: Paul A. Becker Chief Financial Officer 113 W. Mountain Fayetteville, AR 72701 pbecker@favetteville-ar.gov Telephone: 479-575-8330 Contact Information for the Subrecipient: New Beginnings NWA ATTN: Name, Title Address 1 Address 2 f) Assistance Listings Number and Title: 21.027 Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) (AKA the American Rescue Plan Local Recovery Funds, hereinafter ARPA) See https://sam.gov/fal/7cecfdef62dc42729a3fdcd449bd62b8/view This subaward is a program grant and not for Research and Development. City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 2 of 17 g) Indirect Cost Rate: (de minimis cost rate) maximum of 10% of direct costs if indicated in the budget. AGREEMENT: This Agreement, contains the entire agreement and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter hereof. This Agreement is also composed of the following appendices: a. Appendix A —Scope of Work & Project Allocation b. Appendix B — Department of the Treasury, 31 CFR Part 35, RIN 1505-AC77, Coronavirus State and Local Fiscal Recovery Funds, Action: Final Rule c. Appendix C — Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds 3. SUBCONTRACTING: Subrecipient is permitted to sub -contract with third parties to complete the scope of work identified in this contract. Any sub -contract or sub -sub recipient shall follow all federal, local and state regulations. Subrecipient shall not be allowed to disperse funds in a subrecipient manner to another third party without prior written City approval. 4. PERIOD OF PERFORMANCE: This Agreement shall commence on the effective date stated above and the acquisition of the real property identified in Appendix A shall be accomplished within one year from commencement. The Agreement may be extended or shortened upon mutual written agreement of the parties. The Subrecipient's performance of the purposes for which the real property is being acquired shall not expire. 5. STANDARDS OF WORK: Subrecipient agrees that the performance of the work and services of this Agreement shall conform to the highest professional standards. 6. TAXES: Subrecipient shall pay all current and applicable local, city, county, state and federal taxes, licenses and assessments related to the Scope of Work to be performed by Subrecipient including but not limited to those payments required by all federal, state and local laws, and any other laws and Acts under which Subrecipient may be liable. 7. COMPLIANCE WITH APPLICABLE LAWS: Subrecipient shall perform all activities funded by this Agreement in accordance with all applicable federal, state and local laws, including without limitation laws which regulate the use of funds allocated under ARPA. The term "federal, state and local laws" as used in this Agreement shall mean all applicable statutes, rules, regulations, executive orders, directives or other laws, including all laws as presently in effect and as may be amended or otherwise altered during the Agreement Term, as well as all such laws which may be enacted or otherwise become effective during the Agreement Term. The term "federal, state and local laws" shall include, without limitation: a. Federal Requirements: i. Subrecipient agrees to comply with the requirements of section 603 of the ARPA, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. The Subrecipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 3 of 17 ii. Federal regulations applicable to this award include, without limitation, the following: a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. The following 2 CFR Part 200 Policy requirements are excluded from coverage under this assistance listing: For 2 CFR Part 200, Subpart C, the following provisions do not apply to the CSLFRF program: 2 C.F.R. § 200.204 (Notices of Funding Opportunities); 2 C.F.R. § 200.205 (Federal awarding agency review of merit of proposal); 2 C.F.R. § 200.210 (Pre -award costs);and 2 C.F.R. § 200.213(Reporting a determination that a non -Federal entity is not qualified for a Federal award). For 2 CFR Part 200, Subpart D, the following provisions do not apply to the SLFRF program: 2 C.F.R. § 200.308 (revision of budget or program plan); 2 C.F.R. § 200.309 (modifications to period of performance); C.F.R. § 200.305 (b)(8) and (9) (Federal Payment). b. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. As SAM is scheduled to be phased out, compliance with a successor government -wide system officially designated by the Office of Management and Budget (OMB). c. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. d. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. e. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. f. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. g. New Restrictions on Lobbying, 31 C.F.R. Part 21. h. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. i. Generally applicable federal environmental laws and regulations. City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 4 of 17 iii. Statutes and regulations prohibiting discrimination applicable to this award include without limitation, the following: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; Subrecipient and its sub- contractors, sub -recipients, sub -grantees, successors, transferees, or assignees, shall comply with: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) and its applicable federal statutory, regulatory authorities, other pertinent directives, circulars, policy, memoranda, and guidance prohibiting discrimination on the basis of race, color, national origin, age, sex, and disability and give assurance that it will promptly take any measures necessary to ensure such compliance. b. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and e. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. iv. Remedial Actions. In the event of the Subrecipient's noncompliance with section 603 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, the City may impose additional conditions on the receipt of a subsequent payments, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. v. Hatch Act. The Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. vi. False Statements. The Subrecipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 5 of 17 debarment from participating in federal awards or contracts, and/or any other remedy available by law. vii. Monitoring: The Subrecipient agrees to allow the City and the US Treasury to monitor the subaward in accordance with all applicable statutes, regulations, OMB circulars, and guidelines. The Subrecipient shall allow the City to have oversight of any Subrecipient's spending and monitoring of specific outcomes and benefits attributable to use of subaward funds by Subrecipient. viii. Audits In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, nonfederal entities that expend financial assistance of $750,000 or more in Federal awards will have a single audit conducted for that year. Non-federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. The City is responsible for resolving audit findings specifically related to the subaward and not responsible for resolving cross -cutting findings (§200.332(d)(4)). ix. Disclosure of Information. Any confidential or personally identifiable information (PII) acquired during the course of the subaward shall not be disclosed by the Subrecipient to any person, firm, corporation, association, or other entity for any reason or purpose whatsoever without the prior written consent of the City, either during the term of the Agreement or after termination of the Agreement for any reasons whatsoever. The Subrecipient agrees to abide by applicable federal regulations regarding confidential information and research standards, as appropriate, for federally supported projects. x. Conflicts of Interest. The Subrecipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Subrecipients must disclose in writing to the City, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. b. City and Other City Requirements (see §200.332(a)(3)): i. Reporting: Subrecipient agrees to comply with any reporting obligations established by the City as it relates to this award. Subrecipient shall submit a Quarterly Grant Report by the last day of each quarter through 12/31/26 to the Contact for the City. Additional information may be required beyond 12/31/26 for reporting purposes. ii. Maintenance of and Access to Records: a. The Subrecipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The US Treasury Office of Inspector General and the Government Accountability Office, the City, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Subrecipient in order to conduct audits or other investigations. City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 6 of 17 c. Records shall be maintained by Subrecipient for a period of five (5) years after all funds have been audited, the audit resolved, and all funds expended or returned to Treasury, whichever is later. iii. Administrative Considerations. Where policies of the Subrecipient differ from those of, such as travel reimbursement, fringe benefits, indirect costs, etc., the policies of the subrecipient shall be applicable to cost incurrences under the Agreement provided such policies comply with awarding agency regulations. iv. Responsibilities. The Subrecipient agrees to furnish the necessary resources, materials, services, and otherwise to do all things necessary for the performance of the work described in Scope of Work, which is incorporated into the Agreement as Attachment , along with the Budget required for that performance, which is incorporated into the Agreement as Attachment B and C respectively. (see Attachment B: Scope of Work and Attachment C Budget). Subrecipient shall provide Quarterly Reports as provided above. v. Relationship of Parties. The parties are independent, and neither party is the agent, joint venturer, partner, or employer of the other. vi. Rebudgeting and Prior Approvals. Subrecipient is permitted to rebudget direct costs, if necessary, as described in the uniform guidance (§200.308) to better reflect spending requirements, subject to the City's written approval, and subject to the federal awarding agency's policy and UGG's that would define requirements for prior written approval (§200.407) before implementation. vii. Monitoring Plan and Reporting. The City will monitor the Subrecipient to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved, as required by §200.332(d). The City will monitor the Subrecipient and identify any failures in the administration and performance of the award. The monitoring plan will also serve to identify whether the Subrecipient needs technical assistance. In addition to program performance, The City will monitor financial performance as required by §200.332(d)(1)). Monitoring will be used to document allowable and unallowable costs, time and effort reporting and travel. Monitoring also will be used to follow up on findings identified in an earlier monitoring visit, from document reviews or after an audit to ensure the Subrecipient took corrective action (§200.332(d)(2)). As appropriate, the cooperative audit resolution process may be applied. The monitoring plan may include on -site visits, follow-up, document and/or desk reviews, third -party evaluations, virtual monitoring, technical assistance and informal monitoring such as email and telephone interviews. The City will also issue management decisions for applicable audit findings as required by §200.521(§200.332(d)(3)). For reporting, UGG requires that the City and the Subrecipient use OMB approved government -wide standard information collections when providing performance information and data in reports. City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 7 of 17 The books and records of the Subrecipient shall be made available, if needed and upon request, at subrecipient's regular place of business, for audit by personnel authorized by the City or federal government. The Subrecipient books and records must be retained for a period of five (5) years following receipt of final report, understanding no other actions require an extension of the record retention period, such as open audit findings, committed program income, or other reasons, as applicable. viii. Risk Assessments, Specific Conditions and Remedies. The City has conducted a risk assessment as required by §200.332(b) and determined the subrecipient's level of risk as low. Risk assessments may be repeated throughout the project period after scheduled reports, audits, unanticipated issues or other adverse circumstances that may arise. In the event of noncompliance or failure to perform, the City has the authority to apply remedies, as defined in the uniform guidance (§200.339), including but not limited to: temporarily withholding payments, disallowances, suspension or termination of the federal award, suspension of other federal awards received by the subrecipient, debarment or other remedies including civil and/or criminal penalties, as appropriate (§200.332(h). The City will also consider whether the monitoring results of the Subrecipient necessitate adjustments to the its own record (see §200.332(9)). ix. Copyright/Intellectual Property. The federal government will possess the entire copyright, title, and interest in all materials, inventions or deliverables produced as a result of this subaward, including use of logos, as appropriate. As a general principle, subject to the rights of the federal government and with respect to any subject, invention, material, or deliverable in which the City [and subrecipient] retain title resulting from this subaward, the federal government shall ha.ve a nonexclusive, nontransferable, irrevocable paid -up license to practice or have practiced for or on behalf of the United States the subject invention, material or deliverable throughout the world. The City and Subrecipient will credit the federal award agency on any materials, inventions or deliverables produced under the federal award and subaward. c. Suspension and Debarment. Subrecipient represents that neither it nor any of its principals has been debarred, suspended or determined ineligible to participate in federal assistance awards or contracts as defined in regulations implementing Office of Management and Budget Guidelines on Governmentwide Debarment and Suspension (Non -procurement) in Executive Order 12549. Subrecipient further agrees that it will notify the City immediately if it or any of its principals is placed on the list of parties excluded from federal procurement or non -procurement programs available at www.sam.gov.; d. DUNS Number. Subrecipient agrees and acknowledges the City may not grant the Subaward and Subrecipient may not receive the Subaward unless Subrecipient has provided its Data Universal Numbering System ("DUNS") number to the City. The DUNS number is the nine -digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify business entities; e. Federal Funding Accountability and Transparency Act of 2006. Subrecipient agrees to provide the City with all information requested by the City to enable the City to comply with the reporting requirements of the Federal Funding Accountability and Transparency Act of 2006; Licenses, Certifications, Permits, Accreditation. Subrecipient shall procure and keep current any license, certification, permit or accreditation required by federal, state or local law and shall submit to the City proof of any licensure, certification, permit or accreditation upon request; and City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 8 of 17 g. Other City Agreements. Subrecipient shall fulfill all other agreements with the City and shall comply with all federal, state and local laws applicable to programs funded by such agreements. 8. LIMITATION OF FUNDING AND COMPENSATION: It is expressly agreed and understood that upon execution of the Agreement, the City agrees to allocate no more than the amount of $930,000.00 DOLLARS for full and complete satisfactory performance of this Agreement. Drawdowns for the advance payment of eligible expenses shall be made against the line item budgets specified in Appendix A in accordance with the following procedures: a. Subrecipient shall submit a request to the City for the advance payment along with an invoice or other documentation establishing the cost of the item. b. The City will advance funds to Subrecipient or to a qualified escrow company for the item. c. Following Subrecipient's payment for the item, Subrecipient shall provide a receipt or other proof of payment acceptable to the City within seven (7) days of payment. d. The City may withhold advance funds for items if any required documentation has not been provided for previous purchases within the time required by 8.c Alternatively, the Subrecipient may request reimbursement for expenses by submitting monthly invoices, itemized by budget category, along with copies of invoices, receipts, and other documentation acceptable to the City. The City will then remit reimbursement payments to Subrecipient within thirty (30) days of acceptance of the invoice. Subrecipient shall not be entitled to receive any additional or separate compensation from the City in connection with the project without prior written approval of the City. 9. SCOPE OF WORK: The Subrecipient shall perform all services according to the Scope of Work as indicated in Appendix A. Any deviation from the provisions detailed in the Scope of Work shall be prohibited unless prior approval is granted by formal change order to this Agreement. In accomplishing this scope of work, New Beginnings represents and warrants that: It has received sufficient funding in addition to the ARPA funds awarded by the City to purchase the real property identified in Appendix A. b. It has and will maintain sufficient funding for any necessary immediate repairs as well as the ongoing maintenance and upkeep of the real property described in Appendix A. 10. ONGOING OBLIGATIONS FOR REAL PROPERTY PURCHASES. Subrecipient's purchase, rehabilitation, and use of the property described in Appendix A shall be an ongoing obligation of New Beginnings for the purposes set forth in this Agreement. Pursuant to 2 C.F.R. § 200.316, real property, equipment, and intangible property, that are acquired or improved with a Federal award must be held in trust by the non -Federal entity as trustee for the beneficiaries of the project or program under which the property was acquired or improved. New Beginnings shall, at the time it acquires the real property, to record a lien or other appropriate notice of record to indicate that personal or real property has been acquired or improved with a Federal award and that use and disposition conditions apply to the property. New Beginnings shall not convey, sell, pledge, or mortgage any interest in or otherwise encumber the real property without the express written approval of the City. This provision shall not restrict New Beginnings City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 9 of 17 from entering into lease agreements or other contractual relationships with tenants that comply with the scope of work as set forth in Appendix A. 11. DISPOSITION OF REAL PROPERTY. Pursuant to 2 C.F.R. § 200.311, if the real property is no longer needed for the originally authorized purpose(s), New Beginnings or its successors or assigns shall notify the City which will provide disposition instructions, which will provide for one of the following: a. Retain title after compensating the City. The amount paid to the City will be computed by applying the City's percentage of participation in the cost of the original purchase (and costs of any improvements) to the fair market value of the property. However, in those situations where the non -Federal entity is disposing of real property acquired or improved with a Federal award and acquiring replacement real property under the same Federal award, the net proceeds from the disposition may be used as an offset to the cost of the replacement property b. Sell the property and compensate the City. The amount due to the City will be calculated by applying the City's percentage of participation in the cost of the original purchase (and cost of any improvements) to the proceeds of the sale after deduction of any actual and reasonable selling and fixing -up expenses. If the Federal award has not been closed out, the net proceeds from sale may be offset against the original cost of the property. When the non -Federal entity is directed to sell property, sales procedures must be followed that provide for competition to the extent practicable and result in the highest possible return. c. Transfer title to the City or to a third party designated/approved by the City. The non -Federal entity is entitled to be paid an amount calculated by applying the non -Federal entity's percentage of participation in the purchase of the real property (and cost of any improvements) to the current fair market value of the property. 12. PUBLICITY AND USE OF NAME: a. Any and all news releases, advertising, promotion, sales literature containing the City of Fayetteville logo or name shall be subject to prior written approval of the other party, and subject to the prior written approval of the City, as appropriate. Any such publicity shall credit the contributions of each pa rty. b. Neither party shall use the name, insignia, or trademark of the other party, nor any adaptation thereof, nor the names of any of its employees in any advertising, promotion or sales literature without the written consent of the other party. 13. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Subrecipient agrees to comply with the provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200) (the Uniform Guidance), including the cost principles and restrictions on general provisions for selected items of cost. as applicable, and all requirements and standards which shall include but are not limited to the following: a. Compliance with Federal Procurement Laws: The City hereby designates and the Subrecipient hereby agrees to receive funding through the City's ARPA funding and to administer such funding in accordance the United States Treasury Final Rule, 31 CFR Part 35, 87 FR 4446, Coronavirus State and Local Fiscal Recovery Funds with this agreement. Compliance with procurement laws shall be inclusive of all appendices within this Agreement. City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 10 of 17 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. b. Compliance with Other Federal, State and Local Procurement: All contracts for services and procurement for materials shall be carried out in compliance with and all other applicable federal, state, and local rules and regulations, including regulations and policies from the City's Purchasing Division. of Favetteville Procurement Thresholds: a. $0 - $999: No quotes required b. $1,000 - $2,499: minimum of 3 verbal quotes required c. $2,500 - $34,999: minimum of 3 written quotes required d. $35,000 and up: Formal sealed bid / solicitation process Refer to State of Arkansas Procurement laws, City of Fayetteville Purchasing Policies and Ordinances for requirements for formal solicitation processes. c. Records and Reports: The Subrecipient shall, at a minimum, submit the following reports to the City and report as required in Appendix C: i. Quarterly reports shall be submitted to the City by the last day of each quarter. Quarterly reports shall be submitted on the City provided form and will provide and outline funded activities undertaken during each month for the duration of the project as it relates to Appendix A — Scope of Work & Project Allocation. Failure to provide the required documentation and information will affect the funding in this agreement and future requests for funding. ii. A Final Summary Report due no later than thirty (30) calendar days after the end of the Agreement period shall include a summary of all compiled information and activities related to this Agreement. iii. 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. iv. Access to Records (See §200.332(a)(5)) a. The City, its auditors, and if necessary, the federal agency, will be provided access to the subrecipient's programmatic and financial records (§200.337(a)). b. The Subrecipient will maintain all programmatic and financial records, including but not limited to: i. records providing a full description of each activity undertaken; City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 11 of 17 ii. records demonstrating that each activity undertaken meets the national objectives of the federally- connected program; iii. records required to determine the eligibility of activities; iv. records required to document the acquisition, improvement, use or disposition of real property acquired or improved with the subaward assistance; v. records documenting compliance with federal and local laws; and vi. financial records required by program regulations and the Office of Management and Budget. c. The Subrecipient shall retain all records pertinent to program activities and financial expenditures incurred under this Agreement for a period of three years after the date of submission of the final expenditure report under this award (§200.334). Notwithstanding the above, if there are litigation, claims, audits, negotiations, written notification from the federal program or cognizant agencies or the City, or other actions that involve any of the records cited and that have started before the expiration of the three year period, then such records must be retained until completion of the actions and resolutions of all issues (§200.334(a)), or the expiration of the three-year period, whichever occurs later. d. 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. e. Limitations on Expenditures. Subrecipient shall not be reimbursed or otherwise compensated for any expenditures incurred or services provided prior to the Effective Date or following the earlier of the expiration or termination of this Agreement. The City shall only reimburse Subrecipient for documented expenditures incurred during the Agreement Term that are: (i) reasonable and necessary to carry out the Scope of Work; (ii) documented by contracts or other evidence of liability consistent with established federal, state and local procurement guidelines; and (iii) incurred in accordance with all applicable requirements for the expenditure of funds payable under this Agreement. f. Improper Payments. Any item of expenditure by Subrecipient under the terms of this Agreement which is found by auditors, investigators, and other authorized representatives of the City, the U.S. Government Accountability Office or the Comptroller General of the United States to be improper, unallowable, in violation of federal or state law or the terms of the Notice of Prime Award or this Agreement, or involving any fraudulent, deceptive, or misleading representations or activities of Subrecipient, shall become Subrecipient's liability, to be paid by Subrecipient from funds other than those provided by City under this Agreement or any other agreements between City and Subrecipient. This provision shall survive the expiration or termination of this Agreement. City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 12 of 17 g. Audited Financial Statements. In any fiscal year in which Subrecipient expends $750,000 or more in federal awards during such fiscal year, including awards received as a subrecipient, Subrecipient must comply with the federal audit requirements contained in 2 CFR § 200, including the preparation of an audit by an independent Certified Public Accountant in accordance with the Single Audit Act Amendments of 1996, 31 U.S.C. 7501-7507, and with Generally Accepted Accounting Principles.' If Subrecipient expends less than $750,000 in federal awards in any fiscal year, it is exempt from federal audit requirements, but its records must be available for review by the City and appropriate officials of the U.S. Government Accountability Office and the Comptroller General of the United States, and it must still have a financial audit performed for that year by an independent Certified Public Accountant. Subrecipient shall provide the City with a copy of Subrecipient's most recent audited financial statements, federal Single Audit report, if applicable (including financial statements, schedule of expenditures of federal awards, schedule of findings and questioned costs, summary of prior audit findings, and corrective action plan, if applicable), and management letter within thirty (30) days after execution of this Agreement and thereafter within nine (9) months following the end of Subrecipient's most recently ended fiscal year. h. Closeout (see 200.332(a)(6)): The City will determine whether all applicable administrative actions and all required work have been completed by the Subrecipient at the end of the period of performance. If the Subrecipient fails to complete the requirements, the federal awarding agency or pass -through will proceed to closeout the award with the information available (§200.344). The pass - through will note if closeout relates to the end of a 12-month period and termination of subaward, or if the closeout relates to the end of a 12-month period and preparation for an upcoming continuation period. i. The City must provide timelines for completion of tasks (see §200.344). ii. The City must identify submission dates of all performance and financial reports (no later than 90 calendar days after the period of performance) (§200.344(a}). iii. The City must describe requirements for liquidation of financial obligations if the award is ending, or identification of carry-over of funds, if needed, to the next award period (§200.344(b)) iv. The City must include completion of any other required closeout activities, such as submission of deliverables, payments, if any, due to the Subrecipient from the City, attribution to the federal agency and/or copyright or patent rights, and any accounting of real or personal property (§200.344(c) and (f)). v. The Subrecipient must permit the City and auditors to have access to the subrecipient's records and financial statements as necessary for audits and monitoring during the record retention period of three years, or more as appropriate (§200.337(a)). vi. The federal agency and/or City has the right to return to audit the program after close-out at any time during the record retention period and as long as the records are retained, to conduct recovery audits including the recovery of funds, as appropriate (§200.337(c)}. 14. COOPERATION IN MONITORING AND EVALUATION: a. City Responsibilities. The City shall monitor, evaluate and provide guidance and direction to Subrecipient in the conduct of Approved Services performed under this Agreement. The City has the City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 13 of 17 responsibility to determine whether Subrecipient has spent funds in accordance with applicable laws, regulations, including the federal audit requirements and agreements and shall monitor the activities of Subrecipient to ensure that Subrecipient has met such requirements. The City may require Subrecipient to take corrective action if deficiencies are found. b. Subrecipient Responsibilities: i. Subrecipient shall permit the City to carry out monitoring and evaluation activities, including any performance measurement system required by applicable law, regulation, funding sources guidelines or by the terms and conditions of the applicable Notice of Prime Award, and Subrecipient agrees to ensure, to the greatest extent possible, the cooperation of its agents, employees and board members in such monitoring and evaluation efforts. This provision shall survive the expiration or termination of this Agreement. Subrecipient shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of the City, the U.S. Government Accountability Office or the Comptroller General of the United States and Subrecipient agrees to ensure to the extent possible the cooperation of its agents, employees and board members in any such reviews and audits. This provision shall survive the expiration or termination of this Agreement. 15. PROGRAM INCOME: It is not the intent of this Agreement to produce income relating from the Scope of Work; however, income directly generated from the use funds associated with this Agreement by the Subrecipient shall be returned to the City of Fayetteville. 16. MONITORING AND AUDITS: The City is required to ensure that federal funding 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. 17. REMEDIES FOR NONCOMPLIANCE OR DEFAULT: 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 200.339 Remedies for noncompliance. In addition to the remedies for noncompliance available to the City pursuant to the Code of Federal Regulations, the City may 18. 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 this Agreement. Any such request for extensions shall be subject to the written approval of the City. The decision of the City shall be final and conclusive. 19. TERMINATION OF AGREEMENT: This Agreement may be terminated at any time by either party, upon giving 30 calendar days written notice to the non -terminating party. This Agreement shall be automatically terminated in the event that funds under federal award are discontinued by the awarding agency for any reason. Such termination shall take effect upon receipt of written notice to Subrecipient from the City. If there is a need to settle on an early termination, partial payment up to the termination date would be determined by incurrence of allowable cost, by completion of task, by percent of time completed up to the settlement, or some other method as defined by the City upon review of the subrecipient's records. 20. 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 City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 14 of 17 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. 21. 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 person having such interest will be appointed or employed by the Subrecipient. 22. BINDING EFFECT: This Agreement shall be binding upon and shall ensure to the benefit of the parties hereto and their respective heirs and assigns; provided, however, that no assignment shall be effective to relieve a party of any liability under this Agreement unless the other party has consented in writing to the assignment and agreed to the release of such liability. The City and the Subrecipient hereby acknowledge receipt of a duly executed copy of this Agreement complete with all Appendices attached hereto. 23. PAYMENTS: Specific project completion dates may be negotiated during the contract term. Payment may be reduced, delayed, or denied until acceptable work products are produced. a. Costs shall be necessary, reasonable and directly related to the scope of the project in this agreement. All costs shall be legal and proper. The budget included in Appendix A shall control amounts of allowable expenditures within budget categories. b. The total amount invoiced to the City over the course of the contract period shall not exceed $930,000.00 Dollars, the agreed upon contribution of the City pursuant to Appendix A. c. On or before the fifteenth (15th) day of each month and in any event no later than thirty (30) calendar days after the earlier of the expiration or termination of this Agreement, Subrecipient shall submit invoices for the most recent month ended, to the City, setting forth actual expenditures of Subrecipient in accordance with this Agreement The Subrecipient shall provide backup documentation with all invoices to show compliance with all federal, state and local laws. d. The City may disapprove the requested compensation. If the compensation is so disapproved, the City shall notify Subrecipient as to the disapproval. If payment is approved, no notice will be given. 24. INSURANCE: Subrecipient shall, at all times throughout the Agreement Term, carry insurance in such form and in such amounts as City may from time to time reasonably require against other insurable hazards and casualties that are commonly insured against in the performance of similar services as are to be provided under this Agreement. At a minimum, Subrecipient shall maintain during the Agreement Term at least the following types and limits of insurance coverage: a. Workers' compensation in amounts no less than required by law and statutory amount; b. Employer's Liability Insurance with a limit of no less than $1,000,000; c. Commercial general liability insurance, including personal injury, contractual liability and property damage, with limits of $1,000,000 per occurrence and $2,000,000 aggregate; d. Umbrella liability insurance with a limit of $1,000,000 per occurrence and in the aggregate. e. Insurance coverage for the real property and equipment acquired with ARPA funds in an amount equivalent to other property owned by New Beginnings pursuant to 2 C.F.R. § 200.310; however, in no case shall this coverage be less than the full replacement value. City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 15 of 17 All policies (other than workers' compensation and employer's liability insurance) providing such coverage shall name the City as an additional insured with respect to Subrecipient's performance of services under this Agreement. Subrecipient shall provide the City with certificates of insurance evidencing such coverage within thirty (30) calendar days after execution of this Agreement, which certificates shall provide that the City shall receive thirty (30) days' advance written notice of any pending cancellation or non -renewal of any of the coverages required by the City pursuant to this Agreement. Insurance coverages that expire before the expiration of the Agreement Term shall be promptly renewed by Subrecipient so that there is no gap in coverage and certificates of insurance evidencing such renewal coverage shall be provided to the City, by a copy provided to the City immediately upon renewal. Subrecipient's failure to maintain insurance in the form and/or amounts required by the City pursuant to this Agreement shall be deemed a material breach of this Agreement and the City shall have the right thereupon to terminate this Agreement immediately in addition to any other remedy provided herein. 25. Changes in Scope or Price: Changes, modifications or amendments in scope, price or fees to this agreement shall not be allowed without a prior formal contract amendment approved by the City in advance of the change in scope, price or fees. 26. Freedom of Information Act: This Agreement is subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the subrecipient shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 27. Jurisdiction: Venue to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas without regard to conflict of law principles. 28. Miscellaneous Notices: Any notice, request, consent or approval required or permitted to be given under this Agreement or pursuant to law shall be sufficient if in writing, and if and when sent by certified or registered mail, with postage prepaid, to City's address or to the Subrecipient's address as listed below. CITY OF FAYETTEVILLE, AR SUBRECIPIENT ATTN: Mayor Lioneld Jordan ATTN: NAME, TITLE 113 W. Mountain Address 1 Fayetteville, AR 72701 Address 2 b. Severability. If any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. c. Survivability. The provisions of this Agreement which by their terms call for performance subsequent to the termination of this Agreement, shall so survive such termination, whether or not such provisions expressly state that they shall so survive. City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 16 of 17 d. Construction. The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against either party. e. Rights Cumulative. The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies. f. Assistance. The Subrecipient shall, during and after termination of services rendered, upon reasonable notice, furnish such information and proper assistance to the City as may reasonably be required by the City in connection with work performed by Subrecipient. g. Compliance with Law. The Parties mutually represent that throughout the term of this Agreement their respective performance under this Agreement shall be, and shall remain, in compliance with all applicable federal, state and local laws and regulations. CITY OF FAYETTEVILLE, ARKANSAS SERVE NORTHWEST ARKANSAS, INC. d/b/a New Beginnings NWA By: Lioneld Jordan, Mayor Attest: By: _ Kara Paxton, City Clerk Treasurer Date Signed: City of Fayetteville, AR and New Beginnings City of Fayetteville Subrecipient Agreement# ARPA-2023-011 Page 17 of 17 By: Name, Title Date Signed: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 233-23 File Number: 2023-1176 ARPA RFP 23-12 RECIPIENT SELECTION (RESOLUTION): A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH SEVEN HILLS HOMELESS CENTER, PURSUANT TO RFP 23-12, IN THE AMOUNT OF $1,630,000.00 FOR A PROJECT TO ADDRESS HOUSING INSTABILITY IN FAYETTEVILLE WHEREAS, the City Council expressed interest in engaging vendors to collaborate on a plan to seek a comprehensive solution from concept to execution to address housing instability using the remaining $1.63 million of the City's American Rescue Plan Act funds; and WHEREAS, at the request of City Council, city staff utilized a competitive procurement approach seeking to engage vendors and experts to collaborate on designing and executing a leading -edge solution to this issue; and WHEREAS, on October 17, 2023, the City Council, sitting as the selection committee, selected the proposal of Seven Hills Homeless Center. 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 sign a subrecipient agreement with Seven Hills Homeless Center, pursuant to RFP 23-12, in the amount of $1,630,000.00 for a project to address housing instability in Fayetteville. A copy of the Seven Hills Homeless Center proposal is attached to this Resolution. PASSED and APPROVED on October 17, 2023 Page 1 Attest: `,pity: ��,` .•' SIT Y , , � . ,' '�. . F'4 YE 7.1 Kara Paxton, City Cl • Treasurer NWA Continuum of Care Subrecipient Agreement City of Fayetteville Staff Review Form 2024-0073 Item ID ARCHIVED N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Elizabeth Darden 1/30/2024 ACCOUNTING &AUDIT(131) Submitted By Submitted Date Division/ Department Action Recommendation: Recommend Mayor's signature of approval of a subrecipient agreement with Northwest Arkansas Continuum of Care in the amount of$21,000.00 to provide funding from the American Rescue Plan Act.These funds will be used to provide housing aid to Fayetteville residents. Resolution 288-23 passed on 12/19/23 authorized Mayor Jordan to sign the subrecipient agreement. 0 Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? Item Cost $Is a Budget Adjustment attached? Budget Adjustment $ - Remaining Budget - V20221130 Purchase Order Number: Previous Ordinance or Resolution# 288-23 Change Order Number: Approval Date: 01/31/2024 Original Contract Number: Comments: CITY OF Opp. FAYETTEVILLE STAFF MEMO ARKANSAS TO: Mayor THRU: Susan Norton. Chief of Staff FROM: Elizabeth Darden. Grants Administrator DATE: January 30, 2024 SUBJECT: Subrecipient Agreement— Northwest Arkansas Continuum of Care RECOMMENDATION: Recommend Mayor Jordan's signature on the Northwest Arkansas Continuum of Care subrecipient agreement. BACKGROUND: Resolution 288-23 passed and approved on 12/19/23, authorized Mayor Jordan to sign a subrecipient agreement with Northwest Arkansas Continuum of Care to provide housing aid low income Fayetteville residents utilizing American Rescue Plan Act Funds in the amount of $21,000.00. DISCUSSION: Northwest Arkansas of Continuum of Care submitted a request for funding under the ARPA program as a subrecipient, to operate a program to provide housing aid to residents of Fayetteville. BUDGET/STAFF IMPACT: This Northwest Arkansas Continuum of Care subrecipient program will be funded with American Rescue Plan Act funds. Attachments: ARPA Subrecipient Contract with Northwest Arkansas Continuum of Care and Resolution 288- 23 attached at the end of the subrecipient contract. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF t_ FAYETTEVILLE ARKANSAS SUBRECIPIENT AGREEMENT for AMERICAN RESCUE PLAN City of Fayetteville, AR and NORTHWEST ARKANSAS CONTINUUM OF CARE City of Fayetteville Subrecipient# ARPA-2023-013 This Subrecipient Agreement (Agreement) is entered into and effective on this �4st day of \JOlnUa rII4 , 2024 between the City of Fayetteville, hereafter referred to as ("the City) and Northwest Arkansas Continuum of Care (hereinafter referred to as "NWA COC" or the "subrecipient"). WHEREAS, Northwest Arkansas Continuum of Care is part of a coalition of non-profit organizations who have requested funding for a project to address housing instability in Fayetteville, including a Landlord Engagement Initiative to recruit and retain landlords willing to lease to people transitions from homelessness to housing using support programs or housing choice vouchers; and WHEREAS, The City of Fayetteville has received funding through the American Rescue Plan Act ("ARPA" or the "Act"),from the United States Department of the Treasury; and WHEREAS, it shall be hereby disclosed this Agreement shall make Northwest Arkansas Continuum of Care a subrecipient/pass-through entity under 2 CFR 200.1 receiving a subaward under sections 602(c)(3)and 603(c)(3) of the Act and be considered for this subaward to carry out a program or project on behalf of the City with the City's Federal award funding; and WHEREAS,the City notifies the subrecipient: (1)that this funding shall be considered a subaward of ARPA funds; (2) subrecipient shall adhere to any and all compliance requirements for use of ARPA funds; and (3) any and all reporting requirements for expenditures of ARPA funds; and WHEREAS, this Agreement is reflective of requirements issued and identified with the Final Rule of the Department of the Treasury; WHEREAS,this project qualifies under the final rule as a response to the negative economic impacts of the pandemic. The pandemic caused disproportionate impacts, or more severe impacts, in certain communities. Low income and underserved communities have faced more severe health and economic outcomes like higher rates of COVID 19 mortality and unemployment, often because preexisting disparities exacerbated the impact of the pandemic. The final rule describes these as "disproportionately impacted" populations, and ARPA expenses under this category are presumed to be eligible. Under the interim and final rules,funds may be used to provide a set of housing services to communities that have been disproportionately impacted by the pandemic, including programs that address housing insecurity or homelessness. Enumerated uses include programs or services to improve access to stable affordable housing among individuals who are homeless NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, the City and subrecipient agree as follows: City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 1of17 a r_ CITY OF FAYETTEVILLE ARKANSAS 1. INFORMATION REQUIRED BY THE UNIFORM GRANT GUIDANCE (UGG) §200.332: a) Subrecipient Name (must match the name associated with its Unique Entity Identifier): Northwest Arkansas Continuum of Care P.O. Box 3643 Fayetteville, AR 72702 EIN:41-2073344 b) Subrecipient's Unique Entity Identifier(formerly known as DUNS number): KRYWKNJM9P63 c) Subaward Budget Period: Subaward budget period shall be set forth in Section 4 below. d) Total Amount of Federal Funds obligated to the subrecipient by the City: $21,000.00 e) Name of Federal Awarding Agency and Contact Information: United States Department of Treasury (US Treasury) Attn:State and Local Fiscal Recovery Funds 1500 Pennsylvania Avenue NW, Washington, DC 20220 SLFRP@treasury.gov Telephone: 202-622-6415 Website: https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal- governments/state-and-local-fiscal-recovery-fund Contact Information for the City: Paul A. Becker Chief Financial Officer 113 W. Mountain Fayetteville,AR 72701 pbecker@fayetteville-ar.gov Telephone:479-575-8330 Contact Information for the Subrecipient: Northwest Arkansas Continuum of Care ATTN: Debbie Martin, Chief Executive Officer P.O. Box 3643 Fayetteville,AR 72702 City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 2 of 17 ARCITY OF FAYETTEVILLE Wilp ARKANSAS f) Assistance Listings Number and Title: 21.027 Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) (AKA the American Rescue Plan Local Recovery Funds, hereinafter ARPA) See https://sam.gov/fal/7cecfdef62dc42729a3fdcd449bd62b8/view This subaward is a program grant and not for Research and Development. g) Indirect Cost Rate: (de minimis cost rate) maximum of 10%of direct costs if indicated in the budget. 1. AGREEMENT: This Agreement,contains the entire agreement and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter hereof. This Agreement is also composed of the following appendices: a. Appendix A—Scope of Work& Project Allocation b. Appendix B— Department of the Treasury, 31 CFR Part 35, RIN 1505-AC77, Coronavirus State and Local Fiscal Recovery Funds,Action: Final Rule c. Appendix C—Compliance and Reporting Guidance,State and Local Fiscal Recovery Funds 2. SUBCONTRACTING:Subrecipient is permitted to sub-contract with third parties to complete the scope of work identified in this contract. Any sub-contract or sub-sub recipient shall follow all federal, local and state regulations. Subrecipient shall not be allowed to disperse funds in a subrecipient manner to another third party without prior written City approval. 3. PERIOD OF PERFORMANCE:This Agreement shall commence on the effective date stated above and,with the exception of those terms specifically identified to survive the expiration of this Agreement, shall expire one year from commencement. The Agreement may be extended or shortened upon mutual written agreement of the parties. 4. STANDARDS OF WORK:Subrecipient agrees that the performance of the work and services of this Agreement shall conform to the highest professional standards. 5. TAXES: Subrecipient shall pay all current and applicable local, city, county, state and federal taxes, licenses and assessments related to the Scope of Work to be performed by Subrecipient including but not limited to those payments required by all federal, state and local laws, and any other laws and Acts under which Subrecipient may be liable. 6. COMPLIANCE WITH APPLICABLE LAWS: Subrecipient shall perform all activities funded by this Agreement in accordance with all applicable federal, state and local laws, including without limitation laws which regulate the use of funds allocated under ARPA. The term "federal, state and local laws" as used in this Agreement shall mean all applicable statutes, rules, regulations, executive orders, directives or other laws, including all laws as presently in effect and as may be amended or otherwise altered during the Agreement Term, as well as all such laws which may be enacted or otherwise become effective during the Agreement Term. The term "federal, state and local laws" shall include,without limitation: City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement ARPA-2023-013 Page 3 of 17 CITY OF FAYETTEVILLE tip ARKANSAS a. Federal Requirements: i. Subrecipient agrees to comply with the requirements of section 603 of the ARPA, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. The Subrecipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and the Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. ii. Federal regulations applicable to this award include,without limitation,the following: a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award. The following 2 CFR Part 200 Policy requirements are excluded from coverage under this assistance listing: For 2 CFR Part 200, Subpart C,the following provisions do not apply to the CSLFRF program: 2 C.F.R. § 200.204 (Notices of Funding Opportunities); 2 C.F.R. § 200.205 (Federal awarding agency review of merit of proposal); 2 C.F.R. § 200.210(Pre-award costs);and 2 C.F.R. §200.213(Reporting a determination that a non-Federal entity is not qualified for a Federal award). For 2 CFR Part 200, Subpart D,the following provisions do not apply to the SLFRF program: 2 C.F.R. § 200.308 (revision of budget or program plan); 2 C.F.R. § 200.309 (modifications to period of performance); C.F.R. § 200.305 (b)(8) and (9) (Federal Payment). b. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. As SAM is scheduled to be phased out, compliance with a successor government-wide system officially designated by the Office of Management and Budget(OMB). c. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. d. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 4 of 17 CITY OF W_ FAYETTEVILLE . ARKANSAS e. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. f. Governmentwide Requirements for Drug-Free Workplace,31 C.F.R. Part 20. g. New Restrictions on Lobbying,31 C.F.R. Part 21. h. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§4601-4655) and implementing regulations. i. Generally applicable federal environmental laws and regulations. iii. Statutes and regulations prohibiting discrimination applicable to this award include without 0 limitation,the following: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; Subrecipient and its sub- contractors, sub-recipients, sub-grantees, successors, transferees, or assignees,shall comply with:Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) and its applicable federal statutory, regulatory authorities, other pertinent directives, circulars, policy, memoranda, and guidance prohibiting discrimination on the basis of race, color, national origin, age, sex, and disability and give assurance that it will promptly take any measures necessary to ensure such compliance. b. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and e. Title II of the Americans with Disabilities Act of 1990,as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 5 of 17 CITY OF FAYETTEVILLE .111, ARKANSAS iv. Remedial Actions. In the event of the Subrecipient's noncompliance with section 603 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements,the City may impose additional conditions on the receipt of a subsequent payments, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e)of the Act. v. Hatch Act. The Subrecipient agrees to comply,as applicable,with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. vi. False Statements. The Subrecipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. vii. Monitoring: The Subrecipient agrees to allow the City and the US Treasury to monitor the subaward in accordance with all applicable statutes, regulations, OMB circulars, and guidelines. The Subrecipient shall allow the City to have oversight of any Subrecipient's spending and monitoring of specific outcomes and benefits attributable to use of subaward funds by Subrecipient. viii. Audits In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, nonfederal entities that expend financial assistance of$750,000 or more in Federal awards will have a single audit conducted for that year. Non-federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. The City is responsible for resolving audit findings specifically related to the subaward and not responsible for resolving cross-cutting findings (§200.332(d)(4)). ix. Disclosure of Information. Any confidential or personally identifiable information (PII) acquired during the course of the subaward shall not be disclosed by the Subrecipient to any person,firm, corporation, association,or other entity for any reason or purpose whatsoever without the prior written consent of the City,either during the term of the Agreement or after termination of the Agreement for any reasons whatsoever.The Subrecipient agrees to abide by applicable federal regulations regarding confidential information and research standards, as appropriate,for federally supported projects. x. Conflicts of Interest.The Subrecipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. §200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award. Subrecipients must disclose in writing to the City, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §200.112. City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 6 of 17 imCITY OF FAYETTEVILLE WV ARKANSAS b. City and Other City Requirements(see§200.332(a)(3)): i. Reporting: Subrecipient agrees to comply with any reporting obligations established by the City as it relates to this award. Subrecipient shall submit a Quarterly Grant Report by the last day of each quarter to the Contact for the City. ii. Maintenance of and Access to Records: a. The Subrecipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The US Treasury Office of Inspector General and the Government Accountability Office,the City,or their authorized representatives,shall have the right of access to records (electronic and otherwise) of the Subrecipient in order to conduct audits or other investigations. c. Records shall be maintained by Subrecipient for a period of five(5)years after all funds have been audited, the audit resolved, and all funds expended or returned to Treasury,whichever is later. iii. Administrative Considerations. Where policies of the Subrecipient differ from those of,such as travel reimbursement, fringe benefits, indirect costs, etc.,the policies of the subrecipient shall be applicable to cost incurrences under the Agreement provided such policies comply with awarding agency regulations. iv. Responsibilities. The Subrecipient agrees to furnish the necessary resources, materials, services,and otherwise to do all things necessary for the performance of the work described in Scope of Work, which is incorporated into the Agreement as Attachment, along with the Budget required for that performance, which is incorporated into the Agreement as Attachment B and C respectively. (see Attachment B: Scope of Work and Attachment C Budget).Subrecipient shall provide Quarterly Reports as provided above. v. Relationship of Parties. The parties are independent, and neither party is the agent, joint venturer, partner,or employer of the other. vi. Rebudgeting and Prior Approvals. Subrecipient is permitted to rebudget direct costs, if necessary, as described in the uniform guidance (§200.308) to better reflect spending requirements, subject to the City's written approval, and subject to the federal awarding agency's policy and UGG's that would define requirements for prior written approval (§200.407) before implementation. vii. Monitoring Plan and Reporting. The City will monitor the Subrecipient to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 7 of 17 CITY OF FAYETTEVILLE W ARKANSAS and the terms and conditions of the subaward; and that subaward performance goals are achieved,as required by§200.332(d). The City will monitor the Subrecipient and identify any failures in the administration and performance of the award. The monitoring plan will also serve to identify whether the Subrecipient needs technical assistance. In addition to program performance,The City will monitor financial performance as required by §200.332(d)(1)). Monitoring will be used to document allowable and unallowable costs, time and effort reporting and travel. Monitoring also will be used to follow up on findings identified in an earlier monitoring visit, from document reviews or after an audit to ensure the Subrecipient took corrective action (§200.332(d)(2)). As appropriate,the cooperative audit resolution process may be applied.The monitoring plan may include on-site visits,follow-up, document and/or desk reviews,third-party evaluations, virtual monitoring,technical assistance and informal monitoring such as email and telephone interviews. The City will also issue management decisions for applicable audit findings as required by §200.521(§200.332(d)(3)). For reporting,UGG requires that the City and the Subrecipient use OMB approved government-wide standard information collections when providing performance information and data in reports. The books and records of the Subrecipient shall be made available, if needed and upon request, at subrecipient's regular place of business,for audit by personnel authorized by the City or federal government. The Subrecipient books and records must be retained for a period of five (5) years following receipt of final report, understanding no other actions require an extension of the record retention period, such as open audit findings, committed program income, or other reasons,as applicable. viii. Risk Assessments, Specific Conditions and Remedies. The City has conducted a risk assessment as required by§200.332(b)and determined the subrecipient's level of risk as low. Risk assessments may be repeated throughout the project period after scheduled reports, audits, unanticipated issues or other adverse circumstances that may arise. In the event of noncompliance or failure to perform,the City has the authority to apply remedies,as defined in the uniform guidance (§200.339), including but not limited to: temporarily withholding payments, disallowances, suspension or termination of the federal award, suspension of other federal awards received by the subrecipient, debarment or other remedies including civil and/or criminal penalties, as appropriate (§200.332(h). The City will also consider whether the monitoring results of the Subrecipient necessitate adjustments to the its own record (see§200.332(9)). ix. Copyright/Intellectual Property. The federal government will possess the entire copyright, title, and interest in all materials, inventions or deliverables produced as a result of this subaward, including use of logos, as appropriate.As a general principle, subject to the rights of the federal government and with respect to any subject,invention,material,or deliverable in which the City [and subrecipient] retain title resulting from this subaward, the federal City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 8 of 17 CITY OF is FAYETTEVILLE ARKANSAS government shall ha.ve a nonexclusive, nontransferable, irrevocable paid-up license to practice or have practiced for or on behalf of the United States the subject invention,material or deliverable throughout the world. The City and Subrecipient will credit the federal award agency on any materials, inventions or deliverables produced under the federal award and subaward. c. Suspension and Debarment. Subrecipient represents that neither it nor any of its principals has been debarred,suspended or determined ineligible to participate in federal assistance awards or contracts as defined in regulations implementing Office of Management and Budget Guidelines on Governmentwide Debarment and Suspension (Non-procurement) in Executive Order 12549. Subrecipient further agrees that it will notify the City immediately if it or any of its principals is placed on the list of parties excluded from federal procurement or non-procurement programs available at www.sam.gov.; d. DUNS Number. Subrecipient agrees and acknowledges the City may not grant the Subaward and Subrecipient may not receive the Subaward unless Subrecipient has provided its Data Universal Numbering System ("DUNS") number to the City. The DUNS number is the nine-digit number established and assigned by Dun and Bradstreet, Inc.to uniquely identify business entities; e. Federal Funding Accountability and Transparency Act of 2006. Subrecipient agrees to provide the City with all information requested by the City to enable the City to comply with the reporting requirements of the Federal Funding Accountability and Transparency Act of 2006; f. Licenses, Certifications, Permits, Accreditation. Subrecipient shall procure and keep current any license, certification, permit or accreditation required by federal, state or local law and shall submit to the City proof of any licensure,certification, permit or accreditation upon request;and g. Other City Agreements. Subrecipient shall fulfill all other agreements with the City and shall comply with all federal,state and local laws applicable to programs funded by such agreements. 7. LIMITATION OF FUNDING AND COMPENSATION: It is expressly agreed and understood that upon execution of the Agreement,the City agrees to allocate no more than the amount of$21,000.00 DOLLARS for full and complete satisfactory performance of this Agreement. The Subrecipient may request reimbursement for expenses by submitting monthly invoices,itemized by budget category,along with copies of invoices,receipts, and other documentation acceptable to the City. The City will then remit reimbursement payments to Subrecipient within thirty(30)days of acceptance of the invoice.Subrecipient shall not be entitled to receive any additional or separate compensation from the City in connection with the project without prior written approval of the City. 8. SCOPE OF WORK:The Subrecipient shall perform all services according to the Scope of Work as indicated in Appendix A. Any deviation from the provisions detailed in the Scope of Work shall be prohibited unless prior approval is granted by formal change order to this Agreement. 9. PUBLICITY AND USE OF NAME: a. Any and all news releases, advertising, promotion, sales literature containing the City of Fayetteville logo or name shall be subject to prior written approval of the other party, and subject to the prior written approval of the City,as appropriate. Any such publicity shall credit the contributions of each party. City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 9 of 17 iiiiCITY OF FAYETTEVILLE ARKANSAS b. Neither party shall use the name, insignia, or trademark of the other party, nor any adaptation thereof, nor the names of any of its employees in any advertising, promotion or sales literature without the written consent of the other party. 10. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES:The Subrecipient agrees to comply with the provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200) (the Uniform Guidance), including the cost principles and restrictions on general provisions for selected items of cost. as applicable, and all requirements and standards which shall include but are not limited to the following: a. Compliance with Federal Procurement Laws:The City hereby designates and the Subrecipient hereby agrees to receive funding through the City's ARPA funding and to administer such funding in accordance the United States Treasury Final Rule, 31 CFR Part 35,87 FR 4446,Coronavirus State and Local Fiscal Recovery Funds with this agreement. Compliance with procurement laws shall be inclusive of all appendices within this Agreement. 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. b. Compliance with Other Federal, State and Local Procurement: All contracts for services and procurement for materials shall be carried out in compliance with and all other applicable federal, state, and local rules and regulations, including regulations and policies from the City's Purchasing Division. City of Fayetteville Procurement Thresholds: a. $0-$999: No quotes required b. $1,000-$2,499: minimum of 3 verbal quotes required c. $2,500-$34,999: minimum of 3 written quotes required d. $35,000 and up: Formal sealed bid/solicitation process Refer to State of Arkansas Procurement laws, City of Fayetteville Purchasing Policies and Ordinances for requirements for formal solicitation processes. c. Records and Reports: The Subrecipient shall,at a minimum,submit the following reports to the City and report as required in Appendix C: i. Quarterly reports shall be submitted to the City by the last day of each quarter. Quarterly reports shall be submitted on the City provided form and will provide and outline funded activities undertaken during each month for the duration of the project as it relates to Appendix A — Scope of Work & Project Allocation. Failure to provide the required City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 10 of 17 isCITY OF FAYETTEVILLE %pr ARKANSAS documentation and information will affect the funding in this agreement and future requests for funding. ii. A Final Summary Report due no later than thirty (30) calendar days after the end of the Agreement period shall include a summary of all compiled information and activities related to this Agreement. iii. 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. iv. Access to Records(See§200.332(a)(5)) a. The City, its auditors, and if necessary, the federal agency, will be provided access to the subrecipient's programmatic and financial records (§200.337(a)). b. The Subrecipient will maintain all programmatic and financial records, including but not limited to: i. records providing a full description of each activity undertaken; ii. records demonstrating that each activity undertaken meets the national objectives of the federally-connected program; iii. records required to determine the eligibility of activities; iv. records required to document the acquisition, improvement, use or disposition of real property acquired or improved with the subaward assistance; v. records documenting compliance with federal and local laws;and vi. financial records required by program regulations and the Office of Management and Budget. c. The Subrecipient shall retain all records pertinent to program activities and financial expenditures incurred under this Agreement for a period of three years after the date of submission of the final expenditure report under this award (§200.334). Notwithstanding the above, if there are litigation, claims, audits, negotiations, written notification from the federal program or cognizant agencies or the City,or other actions that involve any of the records cited and that have started before the expiration of the three year period, then such records must be retained until completion of the actions and resolutions of all issues (§200.334(a)), or the expiration of the three-year period,whichever occurs later. City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 11 of 17 si CITY OF FAYETTEVILLE ARKANSAS d. 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. e. Limitations on Expenditures. Subrecipient shall not be reimbursed or otherwise compensated for any expenditures incurred or services provided prior to the Effective Date or following the earlier of the expiration or termination of this Agreement. The City shall only reimburse Subrecipient for documented expenditures incurred during the Agreement Term that are:(i)reasonable and necessary to carry out the Scope of Work; (ii)documented by contracts or other evidence of liability consistent with established federal,state and local procurement guidelines;and (iii)incurred in accordance with all applicable requirements for the expenditure of funds payable under this Agreement. f. Improper Payments. Any item of expenditure by Subrecipient under the terms of this Agreement which is found by auditors, investigators, and other authorized representatives of the City, the U.S. Government Accountability Office or the Comptroller General of the United States to be improper, unallowable, in violation of federal or state law or the terms of the Notice of Prime Award or this Agreement, or involving any fraudulent, deceptive, or misleading representations or activities of Subrecipient, shall become Subrecipient's liability,to be paid by Subrecipient from funds other than those provided by City under this Agreement or any other agreements between City and Subrecipient. This provision shall survive the expiration or termination of this Agreement. g. Audited Financial Statements. In any fiscal year in which Subrecipient expends$750,000 or more in federal awards during such fiscal year,including awards received as a subrecipient,Subrecipient must comply with the federal audit requirements contained in 2 CFR§200, including the preparation of an audit by an independent Certified Public Accountant in accordance with the Single Audit Act Amendments of 1996, 31 U.S.C. 7501-7507, and with Generally Accepted Accounting Principles.' If Subrecipient expends less than$750,000 in federal awards in any fiscal year, it is exempt from federal audit requirements, but its records must be available for review by the City and appropriate officials of the U.S. Government Accountability Office and the Comptroller General of the United States, and it must still have a financial audit performed for that year by an independent Certified Public Accountant. Subrecipient shall provide the City with a copy of Subrecipient's most recent audited financial statements, federal Single Audit report, if applicable (including financial statements, schedule of expenditures of federal awards, schedule of findings and questioned costs, summary of prior audit findings, and corrective action plan, if applicable), and management letter within thirty (30) days after execution of this Agreement and thereafter within nine (9) months following the end of Subrecipient's most recently ended fiscal year. h. Closeout (see 200.332(a)(6)): The City will determine whether all applicable administrative actions and all required work have been completed by the Subrecipient at the end of the period of City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 12 of 17 CITY OF FAYETTEVILLE t ARKANSAS performance. If the Subrecipient fails to complete the requirements,the federal awarding agency or pass-through will proceed to closeout the award with the information available(§200.344).The pass- through will note if closeout relates to the end of a 12-month period and termination of subaward,or if the closeout relates to the end of a 12-month period and preparation for an upcoming continuation period. i. The City must provide timelines for completion of tasks (see§200.344). ii. The City must identify submission dates of all performance and financial reports(no later than 90 calendar days after the period of performance) (§200.344(a}). iii. The City must describe requirements for liquidation of financial obligations if the award is ending, or identification of carry-over of funds, if needed, to the next award period (§200.344(b)) iv. The City must include completion of any other required closeout activities,such as submission of deliverables, payments, if any, due to the Subrecipient from the City, attribution to the federal agency and/or copyright or patent rights, and any accounting of real or personal property(§200.344(c)and(f)). v. The Subrecipient must permit the City and auditors to have access to the subrecipient's records and financial statements as necessary for audits and monitoring during the record retention period of three years,or more as appropriate(§200.337(a)). vi. The federal agency and/or City has the right to return to audit the program after close-out at any time during the record retention period and as long as the records are retained, to conduct recovery audits including the recovery of funds,as appropriate (§200.337(c)}. 11. COOPERATION IN MONITORING AND EVALUATION: a. City Responsibilities. The City shall monitor, evaluate and provide guidance and direction to Subrecipient in the conduct of Approved Services performed under this Agreement. The City has the responsibility to determine whether Subrecipient has spent funds in accordance with applicable laws, regulations, including the federal audit requirements and agreements and shall monitor the activities of Subrecipient to ensure that Subrecipient has met such requirements. The City may require Subrecipient to take corrective action if deficiencies are found. b. Subrecipient Responsibilities: i. Subrecipient shall permit the City to carry out monitoring and evaluation activities, including any performance measurement system required by applicable law, regulation, funding sources guidelines or by the terms and conditions of the applicable Notice of Prime Award, and Subrecipient agrees to ensure, to the greatest extent possible, the cooperation of its agents, employees and board members in such monitoring and evaluation efforts. This provision shall survive the expiration or termination of this Agreement. ii. Subrecipient shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of the City, the U.S. Government Accountability Office or the Comptroller General of the United States and Subrecipient agrees to ensure to the extent possible the cooperation of its agents,employees and board members in any such City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 13 of 17 imCITY OF FAYETTEVILLE ARKANSAS reviews and audits. This provision shall survive the expiration or termination of this Agreement. 12. PROGRAM INCOME: It is not the intent of this Agreement to produce income relating from the Scope of Work; however, income directly generated from the use funds associated with this Agreement by the Subrecipient shall be returned to the City of Fayetteville. 13. MONITORING AND AUDITS: The City is required to ensure that federal funding 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. 14. REMEDIES FOR NONCOMPLIANCE OR DEFAULT: 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 200.339 Remedies for noncompliance. In addition to the remedies for noncompliance available to the City pursuant to the Code of Federal Regulations,the City may 15. 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 this Agreement. Any such request for extensions shall be subject to the written approval of the City. The decision of the City shall be final and conclusive. 16. TERMINATION OF AGREEMENT: This Agreement may be terminated at any time by either party, upon giving 30 calendar days written notice to the non-terminating party. This Agreement shall be automatically terminated in the event that funds under federal award are discontinued by the awarding agency for any reason.Such termination shall take effect upon receipt of written notice to Subrecipient from the City. If there is a need to settle on an early termination, partial payment up to the termination date would be determined by incurrence of allowable cost, by completion of task, by percent of time completed up to the settlement,or some other method as defined by the City upon review of the subrecipient's records. 17. 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. 18. 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 person having such interest will be appointed or employed by the Subrecipient. 19. BINDING EFFECT: This Agreement shall be binding upon and shall ensure to the benefit of the parties hereto and their respective heirs and assigns; provided, however,that no assignment shall be effective to relieve a party of any liability under this Agreement unless the other party has consented in writing to the assignment and agreed to the release of such liability. The City and the Subrecipient hereby acknowledge receipt of a duly executed copy of this Agreement complete with all Appendices attached hereto. City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 14 of 17 1 isCITY OF FAYETTEVILLE ARKANSAS 20. PAYMENTS:Specific project completion dates may be negotiated during the contract term. Payment may be reduced,delayed,or denied until acceptable work products are produced. a. Costs shall be necessary,reasonable and directly related to the scope of the project in this agreement. All costs shall be legal and proper. The budget included in Appendix A shall control amounts of allowable expenditures within budget categories. b. The total amount invoiced to the City over the course of the contract period shall not exceed $21,000.00 Dollars,the agreed upon contribution of the City pursuant to Appendix A. c. On or before the fifteenth(15th)day of each month and in any event no later than thirty(30)calendar days after the earlier of the expiration or termination of this Agreement, Subrecipient shall submit invoices for the most recent month ended, to the City, setting forth actual expenditures of Subrecipient in accordance with this Agreement The Subrecipient shall provide backup documentation with all invoices to show compliance with all federal,state and local laws. d. The City may disapprove the requested compensation. If the compensation is so disapproved, the City shall notify Subrecipient as to the disapproval. If payment is approved, no notice will be given. 21. INSURANCE:Subrecipient shall,at all times throughout the Agreement Term,carry insurance in such form and in such amounts as City may from time to time reasonably require against other insurable hazards and casualties that are commonly insured against in the performance of similar services as are to be provided under this Agreement. At a minimum, Subrecipient shall maintain during the Agreement Term at least the following types and limits of insurance coverage: a. Workers'compensation in amounts no less than required by law and statutory amount; b. Employer's Liability Insurance with a limit of no less than $1,000,000; c. Commercial general liability insurance,including personal injury,contractual liability and property damage,with limits of$1,000,000 per occurrence and$2,000,000 aggregate; d. Umbrella liability insurance with a limit of$1,000,000 per occurrence and in the aggregate. All policies(other than workers'compensation and employer's liability insurance)providing such coverage shall name the City as an additional insured with respect to Subrecipient's performance of services under this Agreement. Subrecipient shall provide the City with certificates of insurance evidencing such coverage within thirty (30) calendar days after execution of this Agreement, which certificates shall provide that the City shall receive thirty(30)days'advance written notice of any pending cancellation or non-renewal of any of the coverages required by the City pursuant to this Agreement. Insurance coverages that expire before the expiration of the Agreement Term shall be promptly renewed by Subrecipient so that there is no gap in coverage and certificates of insurance evidencing such renewal coverage shall be provided to the City, by a copy provided to the City immediately upon renewal. Subrecipient's failure to maintain insurance in the form and/or amounts required by the City pursuant to this Agreement shall be deemed a material breach of this Agreement and the City shall have the right thereupon to terminate this Agreement immediately in addition to any other remedy provided herein. City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 15 of 17 ARCITY OF FAYETTEVILLE WV ARKANSAS 22. Changes in Scope or Price: Changes, modifications or amendments in scope, price or fees to this agreement shall not be allowed without a prior formal contract amendment approved by the City in advance of the change in scope, price or fees. 23. Freedom of Information Act: This Agreement is subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the subrecipient shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act(A.C.A. §25-19-101 et.seq.).Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 24. Jurisdiction:Venue to resolve any disputes shall be Washington County,Arkansas with Arkansas law applying to the case. This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas without regard to conflict of law principles. 25. Miscellaneous a. Notices: Any notice, request, consent or approval required or permitted to be given under this Agreement or pursuant to law shall be sufficient if in writing, and if and when sent by certified or registered mail, with postage prepaid, to City's address or to the Subrecipient's address as listed below. CITY OF FAYETTEVILLE,AR SUBRECIPIENT ATTN: Mayor Lioneld Jordan ATTN: Debbie Martin 113 W. Mountain P.O. Box 3643 Fayetteville,AR 72701 Fayetteville,AR 72702 b. Severability. If any term, provision,covenant or condition of this Agreement, or the application thereof to any person, place or circumstance,shall be held to be invalid, unenforceable or void,the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. c. Survivability.The provisions of this Agreement which by their terms call for performance subsequent to the termination of this Agreement,shall so survive such termination,whether or not such provisions expressly state that they shall so survive. d. Construction. The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against either party. e. Rights Cumulative. The rights and remedies provided by this Agreement are cumulative,and the exercise of any right or remedy by either party hereto(or by its successor),whether pursuant to this City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 16 of 17 Agreement,to any other agreement, or to law,shall not preclude or waive its right to exercise any or all other rights and remedies. f. Assistance. The Subrecipient shall, during and after termination of services rendered, upon reasonable notice, furnish such information and proper assistance to the City as may reasonably be required by the City in connection with work performed by Subrecipient. g. Compliance with Law. The Parties mutually represent that throughout the term of this Agreement their respective performance under this Agreement shall be, and shall remain, in compliance with all applicable federal,state and local laws and regulations. CITY OF FA/ TTEVILLE,A' NSAS NORTHWEST ARKANSAS CONTINUUM OF CARE BY: tr. oneld Jordan, . •r Debbie Martin,Chief Ex utive Officer o / TREE//, Attest: Lk By: Yt TtEVIL! • = Date Signed: 1lo2G1 20 Z Kara Paxton, Ci y Clerk Trea urea 1:; (P • 0Nam, ••J`���• Date Signed: 1/31/2024 /ii tGTON C\`o City of Fayetteville,AR and Northwest Arkansas Continuum of Care City of Fayetteville Subrecipient Agreement#ARPA-2023-013 Page 17 of 17 I DiVAology Subrecipient Agreement City of Fayetteville Staff Review Form 2024-0077 Item ID ARCHIVED N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Elizabeth Darden 2/2/2024 ACCOUNTING &AUDIT(131) Submitted By Submitted Date Division/Department Action Recommendation: Recommend Mayor's signature of approval of a subrecipient agreement with DiVAology, Inc in the amount of $89,600.00 to provide funding from the American Rescue Plan Act to fund a subrecipient grant agreement that will provide outreach and diversion services to Fayetteville residents. Resolution 288-23 passed on 12/19/23 authorized Mayor Jordan to sign the subrecipient agreement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? Item Cost $Is a Budget Adjustment attached? Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution# 288-23 Change Order Number: Approval Date: 02/08/2024 Original Contract Number: Comments: CITY OF FAYETTEVILLE STAFF MEMO W. ARKANSAS TO: Mayor THRU: Susan Norton, Chief of Staff FROM: Elizabeth Darden, Grants Administrator DATE: February 2. 2024 SUBJECT: Subrecipient Agreement— DiVAology, Inc RECOMMENDATION: Recommend Mayor Jordan's signature on the DiVAology, Inc subrecipient agreement. BACKGROUND: Resolution 288-23 passed and approved on 12/19/23, authorized Mayor Jordan to sign a subrecipient agreement with DiVAology, Inc to provide outreach and diversion services to Fayetteville residents utilizing American Rescue Plan Act Funds in the amount of$89.600.00. DISCUSSION: DiVAology, Inc submitted a request for funding under the ARPA program as a subrecipient with other partner organizations to provide housing support to Fayetteville residents. BUDGET/STAFF IMPACT: DiVAology, Inc subrecipient program will be funded with American Rescue Plan Act funds. Attachments: ARPA Subrecipient Contract with DiVAology. Inc and Resolution 288-23 attached at the end of the subrecipient contract. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF is FAYETTEVILLE ARKANSAS SUBRECIPIENT AGREEMENT for AMERICAN RESCUE PLAN City of Fayetteville, AR and DIVAOLOGY, INC. D/B/A DIVA & DUDE COMMUNITY OUTREACH City of Fayetteville Subrecipient# ARPA-2023-014 This Subrecipient Agreement (Agreement) is entered into and effective on this 8th day of February , 2024 between the City of Fayetteville, hereafter referred to as ("the City) and DiVAology, Inc. d/b/a DiVA& DuDe Community Outreach (hereinafter referred to as"DiVA& DuDe"or the "subrecipient"). WHEREAS,DiVA&DuDe is part of a coalition of non-profit organizations who have requested funding for a project to address housing instability in Fayetteville, including street outreach and diversion program to provide immediate resources for individuals experiencing homelessness in Fayetteville;and WHEREAS, The City of Fayetteville has received funding through the American Rescue Plan Act ("ARPA" or the "Act"),from the United States Department of the Treasury;and WHEREAS,it shall be hereby disclosed this Agreement shall make Seven Hills a subrecipient/pass-through entity under 2 CFR 200.1 receiving a subaward under sections 602(c)(3) and 603(c)(3) of the Act and be considered for this subaward to carry out a program or project on behalf of the City with the City's Federal award funding;and WHEREAS,the City notifies the subrecipient: (1)that this funding shall be considered a subaward of ARPA funds; (2) subrecipient shall adhere to any and all compliance requirements for use of ARPA funds; and (3) any and all reporting requirements for expenditures of ARPA funds;and WHEREAS, this Agreement is reflective of requirements issued and identified with the Final Rule of the Department of the Treasury; WHEREAS,this project qualifies under the final rule as a response to the negative economic impacts of the pandemic. The pandemic caused disproportionate impacts, or more severe impacts, in certain communities. Low income and underserved communities have faced more severe health and economic outcomes like higher rates of COVID 19 mortality and unemployment, often because preexisting disparities exacerbated the impact of the pandemic.The final rule describes these as "disproportionately impacted" populations, and ARPA expenses under this category are presumed to be eligible. Under the interim and final rules,funds may be used to provide a set of housing services to communities that have been disproportionately impacted by the pandemic, including programs that address housing insecurity or homelessness. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, the City and subrecipient agree as follows: City of Fayetteville,AR and DiVAology, Inc.d/b/a DIVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 1 of 17 CITY OF t• FAYETTEVILLE ARKANSAS 1. INFORMATION REQUIRED BY THE UNIFORM GRANT GUIDANCE (UGG)§200.332: a) Subrecipient Name(must match the name associated with its Unique Entity Identifier): DiVAology, Inc. d/b/a DIVA& DuDe Community Outreach 1200 W. Walnut Street Rogers,AR 72756 E I N:81-2749121 b) Subrecipient's Unique Entity Identifier(formerly known as DUNS number):SD8HFF4FFMR5 c) Subaward Budget Period: Subaward budget period shall be set forth in Section 4 below. d)Total Amount of Federal Funds obligated to the subrecipient by the City:$89,600.00 e) Name of Federal Awarding Agency and Contact Information: United States Department of Treasury(US Treasury) Attn:State and Local Fiscal Recovery Funds 1500 Pennsylvania Avenue NW, Washington,DC 20220 SLFRP@treasury.gov Telephone:202-622-6415 Website: https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal- governments/state-and-local-fiscal-recovery-fund Contact Information for the City: Paul A. Becker Chief Financial Officer 113 W. Mountain Fayetteville,AR 72701 pbecker@fayetteville-ar.gov Telephone:479-575-8330 Contact Information for the Subrecipient: DiVAology, Inc. d/b/a DIVA& DuDe Community Outreach ATTN:Carla Thompson CEO 1200 W. Walnut Street Rogers,AR 72756 City of Fayetteville,AR and DiVAology, Inc.d/b/a DiVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 2 of 17 CITY OF %_ FAYETTEVILLE ARKANSAS this Agreement. Subrecipient shall provide the City with certificates of insurance evidencing such coverage within thirty (30) calendar days after execution of this Agreement, which certificates shall provide that the City shall receive thirty(30)days' advance written notice of any pending cancellation or non-renewal of any of the coverages required by the City pursuant to this Agreement. Insurance coverages that expire before the expiration of the Agreement Term shall be promptly renewed by Subrecipient so that there is no gap in coverage and certificates of insurance evidencing such renewal coverage shall be provided to the City, by a copy provided to the City immediately upon renewal. Subrecipient's failure to maintain insurance in the form and/or amounts required by the City pursuant to this Agreement shall be deemed a material breach of this Agreement and the City shall have the right thereupon to terminate this Agreement immediately in addition to any other remedy provided herein. 22. Changes in Scope or Price: Changes, modifications or amendments in scope, price or fees to this agreement shall not be allowed without a prior formal contract amendment approved by the City in advance of the change in scope, price or fees. 23. Freedom of Information Act: This Agreement is subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the subrecipient shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act(A.C.A.§25-19-101 et.seq.).Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 24. Jurisdiction:Venue to resolve any disputes shall be Washington County,Arkansas with Arkansas law applying to the case.This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas without regard to conflict of law principles. 25. Miscellaneous a. Notices: Any notice, request, consent or approval required or permitted to be given under this Agreement or pursuant to law shall be sufficient if in writing, and if and when sent by certified or registered mail, with postage prepaid, to City's address or to the Subrecipient's address as listed below. CITY OF FAYETTEVILLE,AR SUBRECIPIENT ATTN: Mayor Lioneld Jordan ATTN: Carla Thompson,CEO 113 W. Mountain 1200 W.Walnut St. Fayetteville,AR 72701 Rogers,AR 72756 b. Severability. If any term, provision, covenant or condition of this Agreement,or the application thereof to any person, place or circumstance,shall be held to be invalid, unenforceable or void,the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. City of Fayetteville,AR and DiVAology, Inc.d/b/a DiVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 16 of 17 CITY OF Ai FAYETTEVILLE ARKANSAS 18. 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 person having such interest will be appointed or employed by the Subrecipient. 19. BINDING EFFECT: This Agreement shall be binding upon and shall ensure to the benefit of the parties hereto and their respective heirs and assigns; provided, however,that no assignment shall be effective to relieve a party of any liability under this Agreement unless the other party has consented in writing to the assignment and agreed to the release of such liability. The City and the Subrecipient hereby acknowledge receipt of a duly executed copy of this Agreement complete with all Appendices attached hereto. 20. PAYMENTS:Specific project completion dates may be negotiated during the contract term. Payment may be reduced,delayed,or denied until acceptable work products are produced. a. Costs shall be necessary, reasonable and directly related to the scope of the project in this agreement. All costs shall be legal and proper. The budget included in Appendix A shall control amounts of allowable expenditures within budget categories. b. The total amount invoiced to the City over the course of the contract period shall not exceed $89,600.00 Dollars,the agreed upon contribution of the City pursuant to Appendix A. c. On or before the fifteenth(15th)day of each month and in any event no later than thirty(30)calendar days after the earlier of the expiration or termination of this Agreement, Subrecipient shall submit invoices for the most recent month ended, to the City, setting forth actual expenditures of Subrecipient in accordance with this Agreement The Subrecipient shall provide backup documentation with all invoices to show compliance with all federal,state and local laws. d. The City may disapprove the requested compensation. If the compensation is so disapproved, the City shall notify Subrecipient as to the disapproval. If payment is approved, no notice will be given. 21. INSURANCE:Subrecipient shall,at all times throughout the Agreement Term,carry insurance in such form and in such amounts as City may from time to time reasonably require against other insurable hazards and casualties that are commonly insured against in the performance of similar services as are to be provided under this Agreement. At a minimum, Subrecipient shall maintain during the Agreement Term at least the following types and limits of insurance coverage: a. Workers' compensation in amounts no less than required by law and statutory amount; b. Employer's Liability Insurance with a limit of no less than $1,000,000; c. Commercial general liability insurance,including personal injury,contractual liability and property damage,with limits of$1,000,000 per occurrence and$2,000,000 aggregate; d. Umbrella liability insurance with a limit of$1,000,000 per occurrence and in the aggregate. All policies(other than workers'compensation and employer's liability insurance)providing such coverage shall name the City as an additional insured with respect to Subrecipient's performance of services under City of Fayetteville,AR and DiVAology, Inc.d/b/a DIVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 15 of 17 CITY OF AR FAYETTEVILLE ARKANSAS and Subrecipient agrees to ensure, to the greatest extent possible, the cooperation of its agents, employees and board members in such monitoring and evaluation efforts. This provision shall survive the expiration or termination of this Agreement. ii. Subrecipient shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of the City, the U.S. Government Accountability Office or the Comptroller General of the United States and Subrecipient agrees to ensure to the extent possible the cooperation of its agents,employees and board members in any such reviews and audits. This provision shall survive the expiration or termination of this Agreement. 12. PROGRAM INCOME: It is not the intent of this Agreement to produce income relating from the Scope of Work; however, income directly generated from the use funds associated with this Agreement by the Subrecipient shall be returned to the City of Fayetteville. 13. MONITORING AND AUDITS: The City is required to ensure that federal funding 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. 14. REMEDIES FOR NONCOMPLIANCE OR DEFAULT: 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 200.339 Remedies for noncompliance. In addition to the remedies for noncompliance available to the City pursuant to the Code of Federal Regulations,the City may 15. 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 this Agreement. Any such request for extensions shall be subject to the written approval of the City. The decision of the City shall be final and conclusive. 16. TERMINATION OF AGREEMENT: This Agreement may be terminated at any time by either party, upon giving 30 calendar days written notice to the non-terminating party. This Agreement shall be automatically terminated in the event that funds under federal award are discontinued by the awarding agency for any reason.Such termination shall take effect upon receipt of written notice to Subrecipient from the City. If there is a need to settle on an early termination, partial payment up to the termination date would be determined by incurrence of allowable cost,by completion of task, by percent of time completed up to the settlement,or some other method as defined by the City upon review of the subrecipient's records. 17. 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. City of Fayetteville,AR and DiVAology,Inc.d/b/a DiVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 14 of 17 CITY OF is FAYETTEVILLE ARKANSAS schedule of expenditures of federal awards, schedule of findings and questioned costs, summary of prior audit findings, and corrective action plan, if applicable), and management letter within thirty (30) days after execution of this Agreement and thereafter within nine(9) months following the end of Subrecipient's most recently ended fiscal year. h. Closeout (see 200.332(a)(6)): The City will determine whether all applicable administrative actions and all required work have been completed by the Subrecipient at the end of the period of performance. If the Subrecipient fails to complete the requirements,the federal awarding agency or pass-through will proceed to closeout the award with the information available(§200.344).The pass- through will note if closeout relates to the end of a 12-month period and termination of subaward,or if the closeout relates to the end of a 12-month period and preparation for an upcoming continuation period. i. The City must provide timelines for completion of tasks(see§200.344). ii. The City must identify submission dates of all performance and financial reports(no later than 90 calendar days after the period of performance) (§200.344(a}). iii. The City must describe requirements for liquidation of financial obligations if the award is ending, or identification of carry-over of funds, if needed, to the next award period (§200.344(b)) iv. The City must include completion of any other required closeout activities,such as submission of deliverables, payments, if any, due to the Subrecipient from the City, attribution to the federal agency and/or copyright or patent rights, and any accounting of real or personal property(§200.344(c)and(f)). v. The Subrecipient must permit the City and auditors to have access to the subrecipient's records and financial statements as necessary for audits and monitoring during the record retention period of three years,or more as appropriate(§200.337(a)). vi. The federal agency and/or City has the right to return to audit the program after close-out at any time during the record retention period and as long as the records are retained, to conduct recovery audits including the recovery of funds, as appropriate (§200.337(c)). 11. COOPERATION IN MONITORING AND EVALUATION: a. City Responsibilities. The City shall monitor, evaluate and provide guidance and direction to Subrecipient in the conduct of Approved Services performed under this Agreement. The City has the responsibility to determine whether Subrecipient has spent funds in accordance with applicable laws, regulations, including the federal audit requirements and agreements and shall monitor the activities of Subrecipient to ensure that Subrecipient has met such requirements. The City may require Subrecipient to take corrective action if deficiencies are found. b. Subrecipient Responsibilities: i. Subrecipient shall permit the City to carry out monitoring and evaluation activities, including any performance measurement system required by applicable law, regulation, funding sources guidelines or by the terms and conditions of the applicable Notice of Prime Award, City of Fayetteville,AR and DiVAology,Inc.d/b/a DIVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 13 of 17 AikCITY OF FAYETTEVILLE ARKANSAS notification from the federal program or cognizant agencies or the City, or other actions that involve any of the records cited and that have started before the expiration of the three year period, then such records must be retained until completion of the actions and resolutions of all issues(§200.334(a)),or the expiration of the three-year period, whichever occurs later. d. 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. e. Limitations on Expenditures. Subrecipient shall not be reimbursed or otherwise compensated for any expenditures incurred or services provided prior to the Effective Date or following the earlier of the expiration or termination of this Agreement. The City shall only reimburse Subrecipient for documented expenditures incurred during the Agreement Term that are:(i)reasonable and necessary to carry out the Scope of Work; (ii) documented by contracts or other evidence of liability consistent with established federal,state and local procurement guidelines;and(iii)incurred in accordance with all applicable requirements for the expenditure of funds payable under this Agreement. f. Improper Payments. Any item of expenditure by Subrecipient under the terms of this Agreement which is found by auditors, investigators, and other authorized representatives of the City, the U.S. Government Accountability Office or the Comptroller General of the United States to be improper, unallowable, in violation of federal or state law or the terms of the Notice of Prime Award or this Agreement, or involving any fraudulent, deceptive, or misleading representations or activities of Subrecipient, shall become Subrecipient's liability, to be paid by Subrecipient from funds other than those provided by City under this Agreement or any other agreements between City and Subrecipient. This provision shall survive the expiration or termination of this Agreement. g. Audited Financial Statements. In any fiscal year in which Subrecipient expends$750,000 or more in federal awards during such fiscal year, including awards received as a subrecipient,Subrecipient must comply with the federal audit requirements contained in 2 CFR§200, including the preparation of an audit by an independent Certified Public Accountant in accordance with the Single Audit Act Amendments of 1996, 31 U.S.C. 7501-7507, and with Generally Accepted Accounting Principles.' If Subrecipient expends less than$750,000 in federal awards in any fiscal year,it is exempt from federal audit requirements, but its records must be available for review by the City and appropriate officials of the U.S. Government Accountability Office and the Comptroller General of the United States, and it must still have a financial audit performed for that year by an independent Certified Public Accountant. Subrecipient shall provide the City with a copy of Subrecipient's most recent audited financial statements, federal Single Audit report, if applicable (including financial statements, City of Fayetteville,AR and DiVAology, Inc.d/b/a DiVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 12 of 17 CITY OF • FAYETTEVILLE ARKANSAS c. Records and Reports: The Subrecipient shall, at a minimum,submit the following reports to the City and report as required in Appendix C: i. Quarterly reports shall be submitted to the City by the last day of each quarter. Quarterly reports shall be submitted on the City provided form and will provide and outline funded activities undertaken during each month for the duration of the project as it relates to Appendix A — Scope of Work & Project Allocation. Failure to provide the required documentation and information will affect the funding in this agreement and future requests for funding. ii. A Final Summary Report due no later than thirty (30) calendar days after the end of the Agreement period shall include a summary of all compiled information and activities related to this Agreement. iii. 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. iv. Access to Records(See§200.332(a)(5)) a. The City, its auditors, and if necessary,the federal agency, will be provided access to the subrecipient's programmatic and financial records(§200.337(a)). b. The Subrecipient will maintain all programmatic and financial records, including but not limited to: i. records providing a full description of each activity undertaken; ii. records demonstrating that each activity undertaken meets the national objectives of the federally-connected program; iii. records required to determine the eligibility of activities; iv. records required to document the acquisition, improvement, use or disposition of real property acquired or improved with the subaward assistance; v. records documenting compliance with federal and local laws; and vi. financial records required by program regulations and the Office of Management and Budget. c. The Subrecipient shall retain all records pertinent to program activities and financial expenditures incurred under this Agreement for a period of three years after the date of submission of the final expenditure report under this award (§200.334). Notwithstanding the above,if there are litigation,claims,audits,negotiations,written City of Fayetteville,AR and DiVAology,Inc.d/b/a DIVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 11 of 17 CITY OF Ai FAYETTEVILLE qiir ARKANSAS 9. PUBLICITY AND USE OF NAME: a. Any and all news releases, advertising, promotion, sales literature containing the City of Fayetteville logo or name shall be subject to prior written approval of the other party, and subject to the prior written approval of the City, as appropriate. Any such publicity shall credit the contributions of each party. b. Neither party shall use the name, insignia, or trademark of the other party, nor any adaptation thereof, nor the names of any of its employees in any advertising, promotion or sales literature without the written consent of the other party. 10. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES:The Subrecipient agrees to comply with the provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200) (the Uniform Guidance), including the cost principles and restrictions on general provisions for selected items of cost. as applicable, and all requirements and standards which shall include but are not limited to the following: a. Compliance with Federal Procurement Laws:The City hereby designates and the Subrecipient hereby agrees to receive funding through the City's ARPA funding and to administer such funding in accordance the United States Treasury Final Rule, 31 CFR Part 35,87 FR 4446, Coronavirus State and Local Fiscal Recovery Funds with this agreement. Compliance with procurement laws shall be inclusive of all appendices within this Agreement. 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. b. Compliance with Other Federal, State and Local Procurement: All contracts for services and procurement for materials shall be carried out in compliance with and all other applicable federal, state, and local rules and regulations, including regulations and policies from the City's Purchasing Division. City of Fayetteville Procurement Thresholds: a. $0-$999: No quotes required b. $1,000-$2,499: minimum of 3 verbal quotes required c. $2,500-$34,999: minimum of 3 written quotes required d. $35,000 and up: Formal sealed bid/solicitation process Refer to State of Arkansas Procurement laws, City of Fayetteville Purchasing Policies and Ordinances for requirements for formal solicitation processes. City of Fayetteville,AR and DiVAology, Inc.d/b/a DiVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 10 of 17 CITY OF • FAYETTEVILLE ARKANSAS subaward, including use of logos, as appropriate. As a general principle, subject to the rights of the federal government and with respect to any subject, invention,material,or deliverable in which the City [and subrecipient] retain title resulting from this subaward, the federal government shall have a nonexclusive, nontransferable, irrevocable paid-up license to practice or have practiced for or on behalf of the United States the subject invention, material or deliverable throughout the world. The City and Subrecipient will credit the federal award agency on any materials, inventions or deliverables produced under the federal award and subaward. c. Suspension and Debarment. Subrecipient represents that neither it nor any of its principals has been debarred,suspended or determined ineligible to participate in federal assistance awards or contracts as defined in regulations implementing Office of Management and Budget Guidelines on Governmentwide Debarment and Suspension (Non-procurement) in Executive Order 12549. Subrecipient further agrees that it will notify the City immediately if it or any of its principals is placed on the list of parties excluded from federal procurement or non-procurement programs available at www.sam.gov.; d. DUNS Number. Subrecipient agrees and acknowledges the City may not grant the Subaward and Subrecipient may not receive the Subaward unless Subrecipient has provided its Data Universal Numbering System ("DUNS") number to the City. The DUNS number is the nine-digit number established and assigned by Dun and Bradstreet, Inc.to uniquely identify business entities; e. Federal Funding Accountability and Transparency Act of 2006. Subrecipient agrees to provide the City with all information requested by the City to enable the City to comply with the reporting requirements of the Federal Funding Accountability and Transparency Act of 2006; f. Licenses, Certifications, Permits, Accreditation. Subrecipient shall procure and keep current any license, certification, permit or accreditation required by federal, state or local law and shall submit to the City proof of any licensure,certification, permit or accreditation upon request;and g. Other City Agreements. Subrecipient shall fulfill all other agreements with the City and shall comply with all federal,state and local laws applicable to programs funded by such agreements. 7. LIMITATION OF FUNDING AND COMPENSATION: It is expressly agreed and understood that upon execution of the Agreement, the City agrees to allocate no more than the amount of$89,600.00 DOLLARS for full and complete satisfactory performance of this Agreement. The Subrecipient may request reimbursement for expenses by submitting monthly invoices,itemized by budget category,along with copies of invoices,receipts, and other documentation acceptable to the City. The City will then remit reimbursement payments to Subrecipient within thirty(30)days of acceptance of the invoice.Subrecipient shall not be entitled to receive any additional or separate compensation from the City in connection with the project without prior written approval of the City. 8. SCOPE OF WORK:The Subrecipient shall perform all services according to the Scope of Work as indicated in Appendix A. Any deviation from the provisions detailed in the Scope of Work shall be prohibited unless prior approval is granted by formal change order to this Agreement. City of Fayetteville,AR and DiVAology, Inc.d/b/a DiVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 9 of 17 CITY OF tis FAYETTEVILLE ip ARKANSAS vii. Monitoring Plan and Reporting. The City will monitor the Subrecipient to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved,as required by§200.332(d). The City will monitor the Subrecipient and identify any failures in the administration and performance of the award. The monitoring plan will also serve to identify whether the Subrecipient needs technical assistance. In addition to program performance,The City will monitor financial performance as required by §200.332(d)(1)). Monitoring will be used to document allowable and unallowable costs, time and effort reporting and travel. Monitoring also will be used to follow up on findings identified in an earlier monitoring visit, from document reviews or after an audit to ensure the Subrecipient took corrective action (§200.332(d)(2)). As appropriate,the cooperative audit resolution process may be applied.The monitoring plan may include on-site visits,follow-up,document and/or desk reviews,third-party evaluations, virtual monitoring,technical assistance and informal monitoring such as email and telephone interviews. The City will also issue management decisions for applicable audit findings as required by §200.521(§200.332(d)(3)). For reporting,UGG requires that the City and the Subrecipient use OMB approved government-wide standard information collections when providing performance information and data in reports. The books and records of the Subrecipient shall be made available, if needed and upon request, at subrecipient's regular place of business,for audit by personnel authorized by the City or federal government. The Subrecipient books and records must be retained for a period of five (5) years following receipt of final report, understanding no other actions require an extension of the record retention period, such as open audit findings, committed program income,or other reasons,as applicable. viii. Risk Assessments, Specific Conditions and Remedies. The City has conducted a risk assessment as required by§200.332(b)and determined the subrecipient's level of risk as high. Risk assessments may be repeated throughout the project period after scheduled reports, audits, unanticipated issues or other adverse circumstances that may arise. In the event of noncompliance or failure to perform,the City has the authority to apply remedies,as defined in the uniform guidance (§200.339), including but not limited to: temporarily withholding payments, disallowances, suspension or termination of the federal award, suspension of other federal awards received by the subrecipient, debarment or other remedies including civil and/or criminal penalties, as appropriate (§200.332(h). The City will also consider whether the monitoring results of the Subrecipient necessitate adjustments to the its own record(see§200.332(9)). ix. Copyright/Intellectual Property. The federal government will possess the entire copyright, title, and interest in all materials, inventions or deliverables produced as a result of this City of Fayetteville,AR and DiVAology,Inc.d/b/a DIVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 8 of 17 CITY OF FAYETTEVILLE W ARKANSAS the City, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §200.112. b. City and Other City Requirements(see§200.332(a)(3)): i. Reporting: Subrecipient agrees to comply with any reporting obligations established by the City as it relates to this award. Subrecipient shall submit a Quarterly Grant Report by the last day of each quarter to the Contact for the City. ii. Maintenance of and Access to Records: a. The Subrecipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section,and guidance issued by Treasury regarding the foregoing. b. The US Treasury Office of Inspector General and the Government Accountability Office,the City, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Subrecipient in order to conduct audits or other investigations. c. Records shall be maintained by Subrecipient for a period of five (5) years after all funds have been audited, the audit resolved, and all funds expended or returned to Treasury,whichever is later. iii. Administrative Considerations.Where policies of the Subrecipient differ from those of,such as travel reimbursement,fringe benefits, indirect costs, etc., the policies of the subrecipient shall be applicable to cost incurrences under the Agreement provided such policies comply with awarding agency regulations. iv. Responsibilities. The Subrecipient agrees to furnish the necessary resources, materials, services,and otherwise to do all things necessary for the performance of the work described in Scope of Work, which is incorporated into the Agreement as Attachment, along with the Budget required for that performance, which is incorporated into the Agreement as Attachment B and C respectively. (see Attachment B: Scope of Work and Attachment C Budget). Subrecipient shall provide Quarterly Reports as provided above. v. Relationship of Parties. The parties are independent, and neither party is the agent, joint venturer, partner,or employer of the other. vi. Rebudgeting and Prior Approvals. Subrecipient is permitted to rebudget direct costs, if necessary, as described in the uniform guidance (§200.308) to better reflect spending requirements, subject to the City's written approval, and subject to the federal awarding agency's policy and UGG's that would define requirements for prior written approval (§200.407) before implementation. City of Fayetteville,AR and DiVAology, Inc.d/b/a DIVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 7 of 17 iiCITY OF FAYETTEVILLE tip ARKANSAS iv. Remedial Actions. In the event of the Subrecipient's noncompliance with section 603 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements,the City may impose additional conditions on the receipt of a subsequent payments, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e)of the Act. v. Hatch Act. The Subrecipient agrees to comply,as applicable,with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. vi. False Statements. The Subrecipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. vii. Monitoring: The Subrecipient agrees to allow the City and the US Treasury to monitor the subaward in accordance with all applicable statutes, regulations, OMB circulars, and guidelines. The Subrecipient shall allow the City to have oversight of any Subrecipient's spending and monitoring of specific outcomes and benefits attributable to use of subaward funds by Subrecipient. viii. Audits In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, nonfederal entities that expend financial assistance of$750,000 or more in Federal awards will have a single audit conducted for that year. Non-federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. The City is responsible for resolving audit findings specifically related to the subaward and not responsible for resolving cross-cutting findings (§200.332(d)(4)). ix. Disclosure of Information. Any confidential or personally identifiable information (PII) acquired during the course of the subaward shall not be disclosed by the Subrecipient to any person,firm, corporation, association, or other entity for any reason or purpose whatsoever without the prior written consent of the City,either during the term of the Agreement or after termination of the Agreement for any reasons whatsoever.The Subrecipient agrees to abide by applicable federal regulations regarding confidential information and research standards, as appropriate,for federally supported projects. x. Conflicts of Interest.The Subrecipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. §200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Subrecipients must disclose in writing to City of Fayetteville,AR and DiVAology, Inc.d/b/a DiVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 6 of 17 CITY OF FAYETTEVILLE t ARKANSAS e. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. f. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. g. New Restrictions on Lobbying,31 C.F.R. Part 21. h. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C. §§4601-4655)and implementing regulations. i. Generally applicable federal environmental laws and regulations. iii. Statutes and regulations prohibiting discrimination applicable to this award include without limitation,the following: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; Subrecipient and its sub-contractors, sub-recipients, sub- grantees,successors,transferees,or assignees,shall comply with:Title VI of the Civil Rights Act of 1964(42 U.S.C. § 2000d et seq., 78 stat. 252) and its applicable federal statutory, regulatory authorities, other pertinent directives, circulars, policy, memoranda, and guidance prohibiting discrimination on the basis of race, color, national origin, age, sex, and disability and give assurance that it will promptly take any measures necessary to ensure such compliance. b. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin,sex,familial status,or disability; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance;and e. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. City of Fayetteville,AR and DiVAology, Inc.d/b/a DiVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 5 of 17 CITY OF is FAYETTEVILLE ARKANSAS as all such laws which may be enacted or otherwise become effective during the Agreement Term. The term "federal,state and local laws"shall include,without limitation: a. Federal Requirements: i. Subrecipient agrees to comply with the requirements of section 603 of the ARPA, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. The Subrecipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and the Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. ii. Federal regulations applicable to this award include,without limitation,the following: a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award. The following 2 CFR Part 200 Policy requirements are excluded from coverage under this assistance listing: For 2 CFR Part 200, Subpart C, the following provisions do not apply to the CSLFRF program: 2 C.F.R. § 200.204 (Notices of Funding Opportunities); 2 C.F.R. § 200.205 (Federal awarding agency review of merit of proposal); 2 C.F.R. § 200.210 (Pre-award costs);and 2 C.F.R. § 200.213(Reporting a determination that a non- Federal entity is not qualified for a Federal award). For 2 CFR Part 200,Subpart D,the following provisions do not apply to the SLFRF program: 2 C.F.R. § 200.308 (revision of budget or program plan); 2 C.F.R. § 200.309 (modifications to period of performance);C.F.R.§200.305 (b)(8)and (9) (Federal Payment). b. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference.As SAM is scheduled to be phased out,compliance with a successor government-wide system officially designated by the Office of Management and Budget(OMB). c. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. d. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. City of Fayetteville,AR and DiVAology,Inc.d/b/a DIVA& DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 4 of 17 CITY OF • FAYETTEVILLE pir ARKANSAS f) Assistance Listings Number and Title: 21.027 Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) (AKA the American Rescue Plan Local Recovery Funds, hereinafter ARPA) See https://sam.gov/fal/7cecfdef62dc42729a3fdcd449bd62b8/view This subaward is a program grant and not for Research and Development. g) Indirect Cost Rate: (de minimis cost rate)maximum of 10%of direct costs if indicated in the budget. 1. AGREEMENT: This Agreement,contains the entire agreement and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter hereof. This Agreement is also composed of the following appendices: a. Appendix A—Scope of Work&Project Allocation b. Appendix B—Department of the Treasury, 31 CFR Part 35, RIN 1505-AC77, Coronavirus State and Local Fiscal Recovery Funds,Action: Final Rule c. Appendix C—Compliance and Reporting Guidance,State and Local Fiscal Recovery Funds 2. SUBCONTRACTING:Subrecipient is permitted to sub-contract with third parties to complete the scope of work identified in this contract. Any sub-contract or sub-sub recipient shall follow all federal, local and state regulations. Subrecipient shall not be allowed to disperse funds in a subrecipient manner to another third party without prior written City approval. 3. PERIOD OF PERFORMANCE:This Agreement shall commence on the effective date stated above and,with the exception of those terms specifically identified to survive the expiration of this Agreement, shall expire one year from commencement.The Agreement may be extended or shortened upon mutual written agreement of the parties. 4. STANDARDS OF WORK: Subrecipient agrees that the performance of the work and services of this Agreement shall conform to the highest professional standards. 5. TAXES: Subrecipient shall pay all current and applicable local, city, county, state and federal taxes, licenses and assessments related to the Scope of Work to be performed by Subrecipient including but not limited to those payments required by all federal, state and local laws, and any other laws and Acts under which Subrecipient may be liable. 6. COMPLIANCE WITH APPLICABLE LAWS: Subrecipient shall perform all activities funded by this Agreement in accordance with all applicable federal, state and local laws, including without limitation laws which regulate the use of funds allocated under ARPA. The term "federal, state and local laws" as used in this Agreement shall mean all applicable statutes, rules, regulations, executive orders, directives or other laws, including all laws as presently in effect and as may be amended or otherwise altered during the Agreement Term,as well City of Fayetteville,AR and DiVAology, Inc.d/b/a DiVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 3 of 17 CITY OF ti• FAYETTEVILLE r ARKANSAS c. Survivability.The provisions of this Agreement which by their terms call for performance subsequent to the termination of this Agreement,shall so survive such termination,whether or not such provisions expressly state that they shall so survive. d. Construction. The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against either party. e. Rights Cumulative. The rights and remedies provided by this Agreement are cumulative,and the exercise of any right or remedy by either party hereto(or by its successor),whether pursuant to this Agreement,to any other agreement,or to law,shall not preclude or waive its right to exercise any or all other rights and remedies. f. Assistance. The Subrecipient shall, during and after termination of services rendered, upon reasonable notice, furnish such information and proper assistance to the City as may reasonably be required by the City in connection with work performed by Subrecipient. g. Compliance with Law. The Parties mutually represent that throughout the term of this Agreement their respective performance under this Agreement shall be,and shall remain, in compliance with all applicable federal,state and local laws and regulations. CITY OF FAYETTEVILLE,ARKANSAS DIVAOLOGY,INC.D/B/A DIVA&DUDE COMMUNITY OUTREACH BY./A fief •.• �•✓ By: Z72. C /7.9 iL Lioneld Jordan, . or ��iii�rr Carla Thompson,CEO V••1••••:1S/, Attest: 1111° ��`V;•C., O,c • - —• .•` = 1-30-2024 By: /. �� , /. /���'FAY • •�i L ' = Date Signed: Kara Paxton, City Clerk Treasurer�`'• 15f Date Signed: 02/08/2024 ' /Irjyy�� City of Fayetteville,AR and DiVAology, Inc.d/b/a DiVA&DuDe Community Outreach City of Fayetteville Subrecipient Agreement#ARPA-2023-014 Page 17 of 17