HomeMy WebLinkAbout286-24 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 286-24
File Number: 2024-722
SEVEN HILLS HOMELESS CENTER (ARPA REALLOCATION):
A RESOLUTION TO COMMIT ARPA FUNDS IN THE AMOUNT OF $71,411.00 TO THE SEVEN HILLS
HOMELESS CENTER, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the City of Fayetteville was awarded $17.9 million in American Rescue Plan Act funding to assist in
responding to the negative effects of the COVID-19 pandemic; and
WHEREAS, beginning in 2021, the City established a number of projects to address the effects of the COVID-19
pandemic throughout the City including assistance to nonprofit organizations, vaccine incentives, workforce training,
development programs, floodplain conservation, a childcare assistance program, funding to provide new ambulances to
the regional ambulance authority, and programs to address housing instability in Fayetteville; and
WHEREAS, the City was notified that NWA Continuum of Care and Divaology, Inc. are returning a portion of the
funding allocated to their projects that needs to be reallocated; and
WHEREAS, staff recommends that the funds be reallocated to Seven Hills Homeless Center to provide bus tickets in
the amount of $10,000.00, as well as additional funding for overnight shelter staffing and security in the amount of
$61,411.00.
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 commits ARPA funds in the amount of
$71,411.00 to the Seven Hills Homeless Center to provide bus tickets and additional funding for overnight shelter
staffing and security.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of
which is attached to this Resolution.
PASSED and APPROVED on November 19, 2024
Page 1
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Resolution: 286-24
File Number: 2024-722
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Shelton, SenioCity Clerk
Page 2
Office of the City Clerk Treasurer
Kara Paxton — City Clerk Treasurer
Jackson Shelton — Senior Deputy City Clerk
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113 W. Mountain Street, Suite 308
Fayetteville, Arkansas 72701
Phone: 479.575.8323
cityclerk@fayetteville-ar.gov
Departmental Correspondence
To: Lioneld Jordan, Mayor
From: Kara Paxton, City Clerk Treasurer'��G
CC: City Attorney Kit Williams, Senior Assistant Blake Pennington, Chief of Staff Susan Norton &
Chief Financial Officer Paul Becker
Date: November 8, 2024
RE: City Clerk Treasurer Kara Paxton — Out of Office due to Medical Procedure
Mayor Lioneld Jordan,
Due to a medical procedure, I will be unavailable to sign documents or attend meetings starting
November 11th, 2024. 1 plan to be back in the office as of November 25th, 2024. Senior Deputy City
Clerk Treasurer Jackson Shelton or Deputy City Clerk — Codifier Courtney Spohn will notify you
should these dates change.
The recommended recovery time for my medical procedure (Spinal Cord Stimulator Implant) ranges
from 4 to 8 weeks. The surgeon stated that I must be off work for at least one week. The surgeon also
encouraged me to utilize telework options in the weeks following the initial surgery week. He also
stated that should I need to physically come to work, I need to park as close to the building as
possible, no lifting/carrying heavy or large objects, and no sudden twisting or turning.
In my absence, I authorize Senior Deputy City Clerk Treasurer Jackson Shelton to attest your (Mayor
Lioneld Jordan) signature. Should an issue arise that Mr. Shelton is not available to sign within a 24-
hour timeframe, I authorize Deputy City Clerk — Codifier Courtney Spohn to sign in our absence.
As the official custodian of the City's seal, I authorize Mr. Shelton and Ms. Spohn to use the seal for
official purposes only.
Please direct city staff to route all Alcohol Permits to Mr. Shelton for review and electronic signature.
Please notify the Accounting Department that check requests will be reviewed and signed by Ms.
Spohn before being emailed to the Accounting Department. Ms. Spohn will also be responsible for
approving purchase requests submitted November 11th — November 15th, 2024.
Mr. Shelton and Ms. Spohn will go above and beyond to ensure that our office continues to support
all our internal and external customers while I am out of office. Over the last 3 years Ms. Spohn has
continuously demonstrated her professionalism and advanced skillset in her positions. Mr. Shelton
has been with our office for almost 2 years now and has consistently impressed me by going above
and beyond in his work duties. I am confident that Mr. Shelton and Ms. Spohn will successfully
manage the office while I am out.
M/10
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 19, 2024
TO: Mayor Jordan and City Council
THRU: Paul Becker, Chief Financial Officer
FROM: Steven Dotson, Internal Auditor
SUBJECT: ARPA budget reallocation to 7hills
RECOMMENDATION:
CITY COUNCIL MEMO
2024-722
Recommend Council approve a commitment of $71,411.00 in ARPA funds to the Seven Hills Homeless Center
and approval of a budget adjustment.
BACKGROUND:
In 2023, Council requested that the City prepare an RFP to solicit proposals to address housing instability
within the City of Fayetteville. On October 17, 2023 the City Council selected a proposal by the 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. This is a collaborative effort, which
includes ARPA funding to these local nonprofit organizations: Seven Hills Homeless Center, Divaology Inc. /
Diva and Dude Community Outreach, NWA Continuum of Care, The Salvation Army, and Serve Northwest
Arkansas, Inc. / New Beginnings NWA.
DISCUSSION:
The City was notified that the following nonprofit organizations are returning a portion of the funding allocated
to their projects, and the funding now needs to be reallocated:
NWA Continuum of Care — has returned $10,000.00 to the City
Divaology, Inc. — has returned $61,411.00 to the City
Total returned to the City: $71,411.00
Per the US Department of Treasury Coronavirus State and Local Fiscal Recovery Fund (SLFRF) regulations,
the City must obligate all ARPA funds by December 31, 2024.
All of the nonprofits participating in the comprehensive housing solution project are requesting that the funding
be reallocated to Seven Hills Homeless Center. This would keep the full amount of the original $1.63 million
allocated to the overall project.
With approval of this resolution and budget adjustment, the new total ARPA award to be allocated to Seven
Hills Homeless Center would be as follows:
current allocation $480,232.00 + new allocation $71,411.00 = total ARPA allocation of $551,643.00
Per the attached budget narrative from the Seven Hills Homeless Center, funding would be used to provide (1)
Bus Tickets in the amount of $10.000.00, and (2) additional funding for overnight shelter staffing and security in
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
the amount of $61,411.00.
BUDGET/STAFF IMPACT:
Funding would be allocated from NWA Continuum of Care and Divaology, Inc. to Seven Hills Homeless Center
through the attached budget adjustment.
ATTACHMENTS: SRF (#3), BA (#4), Seven Hills Revised ARPA Request (#5), 7Hills Subrecipient Agreement
(#6), Council Member Moore Amendment (#7)
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 #: 2024-722
ARPA budget reallocation to 7hills
A RESOLUTION TO COMMIT ARPA FUNDS IN THE AMOUNT OF $71,411.00 TO THE SEVEN
HILLS HOMELESS CENTER, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the City of Fayetteville was awarded $17.9 million in American Rescue Plan Act funding
to assist in responding to the negative effects of the COVID-19 pandemic; and
WHEREAS, beginning in 2021, the City established a number of projects to address the effects of the
COVID-19 pandemic throughout the City including assistance to nonprofit organizations, vaccine
incentives, workforce training, development programs, floodplain conservation, a childcare assistance
program, funding to provide new ambulances to the regional ambulance authority, and programs to
address housing instability in Fayetteville; and
WHEREAS, the City was notified that NWA Continuum of Care and Divaology, Inc. are returning a
portion of the funding allocated to their projects that needs to be reallocated; and
WHEREAS, staff recommends that the funds be reallocated to Seven Hills Homeless Center to provide
bus tickets in the amount of $10,000.00, as well as additional funding for overnight shelter staffing and
security in the amount of $61,411.00.
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 commits ARPA funds in
the amount of $71,411.00 to the Seven Hills Homeless Center to provide bus tickets and additional
funding for overnight shelter staffing and security.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 1
Steven Dotson
Submitted By
City of Fayetteville Staff Review Form
2024-722
Item ID
11/19/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/1/2024 CHIEF FINANCIAL OFFICER (110)
Submitted Date Division / Department
Action Recommendation:
Recommend Council approve a commitment of $71,411.00 in ARPA funds to the Seven Hills Homeless Center and
approval of a budget adjustment.
Budget Impact:
2246.800.9730-5315.00
ARPA
Account Number Fund
20023.2021 Seven Hills
Project Number
Budgeted Item? Yes
Does item have a direct cost? No
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 480, 232.00
$ 173,061.80
307,170.20
$ 71,411.00
e. 378,581.20
Previous Ordinance or Resolution #
Approval Date:
V20221130
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
CHIEF FINANCIAL OFFICER (110)
/Org2
2024
Requestor: Steven Dotson
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Recommend Council approve a commitment of $71,411 in ARPA funds to the Seven Hills Homeless Center and approval of a
budget adjustment.
COUNCIL DATE: 11/19/2024
ITEM ID#: 2024-722
Kevin Springer
771712024 72:22 PM
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
- -
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.20241029
Account Name
2246.800.9730-5315.00
71,411 -
20023
2021 EX
Contract Services
2246.800.9731-5315.00
2246.800.9732-5315.00
(61,411)
(10,000) -
20023
20023
2021 EX
2021 EX
Contract Services
Contract Services
I of 1
Budget and Narrative for ARPA Funding Reallocation (71hills Homeless Center)
(1) Bus Tickets - $10,000
(2) Overnight Shelter Staffing/Security - $61,411.05
TOTAL REQUEST: $71,411.05
(1) Mills agrees to facilitate the bus ticket component for the Homeward Bound Program originally
submitted under the Innovative Proposal (Diva&Dudes). This portion of funding will be used to provide
bus tickets and coordination for the unsheltered/homeless population that has family/support in other
areas. Case Management will insure that participants are allowed to travel out of state and are headed
to a safe environment. Our organization has a proven record of accomplishment of facilitating bus
transportation for over 10 years.
(2) 7hills is requesting additional funding, available through reallocation, for staffing and security at
our Overnight Shelter that was established through the Innovative Proposal Partnership. This additional
funding will relieve financial burdens in a few ways; our organization is currently paying the salaries for
two Case Manager's that are assisting shelter guests as they navigate through barriers to employment
and housing. In addition, as we look towards the winter months we know that the need for our shelter
services will increase as people navigate the extreme weather resulting in additional expenses.
Since opening the overnight shelter in March we have sheltered 71 (unique) individuals; 34 of those
individuals have obtained employment and 23 have found homes and are receiving ongoing case
management. We believe it is possible! Moving from homelessness to self-sufficiency is possible with
the program model that has been established and tested over the past several months.
Staff Leadership and Board members are working diligently to bring positive prospective partners and
funders together for sustainability purposes, as promised through the submitted proposal. Additional
funding received merely forges our capacities as we continue to expand this support.
CITY OF
r_ FAYETTEVILLE
4V ARKANSAS
SUBRECIPIENT AGREEMENT for AMERICAN RESCUE PLAN
City of Fayetteville, AR
and
SEVEN HILLS HOMELESS CENTER
City of Fayetteville Subrecipient# ARPA-2023-012
This Subrecipient Agreement (Agreement) is entered into and effective on this 2-"J�h day of
,1�11u0r, 2024 between the City of Fayetteville, hereafter referred to as ("the City) and Seven Hills
Homeless Center (hereinafter referred to as "Seven Hills" or the "subrecipient").
WHEREAS, Seven Hills Homeless Center requested funding for a project to address housing instability in
Fayetteville, including a renovation and expansion of its shelter facility and an increase in staffing and security;
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. Emergency programs or services for homeless individuals,
including temporary residences for people experiencing homelessness, are considered an enumerated eligible
use under the American Rescue Plan Act
NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, the City and
subrecipient agree as follows:
City of Fayetteville, AR and Seven Hills Homeless Center
City of Fayetteville Subrecipient Agreement# ARPA-2023-012
Page 1 of 17
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):
Seven Hills Homeless Center
1832 S. School Avenue
Fayetteville, AR 72701
EIN: 73-1603960
b) Subrecipient's Unique Entity Identifier (formerly known as DUNS number): EF6JFIUYAUL3
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: $480,232.00
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.treasurV.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:
Seven Hills Homeless Center
ATTN: Becci Sisson, CEO
1832 S. School Avenue
Fayetteville, AR 72701
City of Fayetteville, AR and Seven Hills Homeless Center
City of Fayetteville Subrecipient Agreement# ARPA-2023-012
Page 2 of 17
CITY OF
FAYETTEVILLE
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.
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 Seven Hills Homeless Center
City of Fayetteville Subrecipient Agreement# ARPA-2023-012
Page 3 of 17
CITY OF
_ 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:
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
City of Fayetteville, AR and Seven Hills Homeless Center
City of Fayetteville Subrecipient Agreement# ARPA-2023-012
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CITY OF
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94V ARKANSAS
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.
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
City of Fayetteville, AR and Seven Hills Homeless Center
City of Fayetteville Subrecipient Agreement# ARPA-2023-012
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CITY OF
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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,
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.
City of Fayetteville, AR and Seven Hills Homeless Center
City of Fayetteville Subrecipient Agreement# ARPA-2023-012
Page 6 of 17
CITY OF
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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 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
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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.
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)).
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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;
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 $480,232.00 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.
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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.
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c. Records and Reports: The Subrecipient shall, at a minimum, submit the following reports to the City
and report as required in Appendix C:
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
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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.
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
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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.
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:
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
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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.
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
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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
$480,232.00 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.
e. Insurance coverage for real property and equipment acquired or improved with ARPA funds in an
amount equivalent to other property owned by Seven Hills pursuant to 2 C.F.R. § 200.310;
however, in no case shall this coverage be less than the full replacement value.
All policies (otherthan 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
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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: Becci Sisson
113 W. Mountain 1832 S. School Ave.
Fayetteville, AR 72701 Fayetteville, AR 72701
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.
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_CITY OF
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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.
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.
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
By:
Lioneld 1
Attest:
By.
EVIdt ARKANSAS CEB,
VEE HILLS HOMELESS CENTER
l_
n, ayor ��R��� ,-$ec i Si) on, CEO
Kara Paxton, City Clerk Treasu
Date Signed: 1/25/2024
Da a-Sd•
ACC • �.`��`�
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Appendix A: Scope of work & Project Allocation
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
Received From Blake Pennington 11/15/2024 4:05PM
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor
City Council
CC: Steve Dotson, Deputy Chief Financial Officer
Yolanda Fields, Community Resources Director 6-5-`h
FROM: Blake Pennington, Senior Assistant City Attor.
DATE: November 15, 2024
Kit Williams
City Attorney
Blake Pennington
Senior Assistant City Attorney
Hannah Hungate
Assistant City Attorney
Stacy Barnes
Paralegal
RE: Council Member Moore Proposed Amendment to Item C.5 —
Reallocation of $71,411.00 of ARPA Funds
Council Member Moore will be proposing the attached amendment to Item C.5 on
the City Council's agenda. The City was notified that NWA Continuum of Care
and Divaology Inc. would be de -obligating and releasing a total of $71,411.00 of
ARPA funds back to the City. Those funds must be obligated by the end of the
year or they will have to be returned to the federal government.
The current resolution would reallocate those funds to Seven Hills Homeless
Center to provide bus tickets and additional funding for overnight shelter staffing
and security.
Council Member Moore's amendment would reallocate the funds to a rental
assistance program that would be administered by the Community Resources
Department. Deputy CFO Steven Dotson and Community Resources Director
Yolanda Fields will be able to provide more information about that program if you
have questions.
PROPOSED AMENDMENT TO ITEM C.5
RESOLUTION NO.
A RESOLUTION TO COMMIT ARPA FUNDS IN THE AMOUNT OF $71,411.00 TO A
RENTAL ASSISTANCE PROGRAM, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, pursuant to Resolutions 233-23 and 288-23, the City entered into subrecipient
agreements with Seven Hills Homeless Center and several partner agencies for a project to address
housing instability in Fayetteville; and
WHEREAS, the City was notified that NWA Continuum of Care and Divaology, Inc. are
returning a portion of the funding allocated to their projects that needs to be reallocated; and
WHEREAS, the availability of rental assistance within the city is currently extremely limited,
creating significant challenges for households in maintaining secure and stable housing; and
WHEREAS, housing stability is essential for the well-being, safety, and economic sustainability
of all community members; and
WHEREAS, it is more cost-effective to provide rental assistance and keep households stably
housed than to bear the higher expenses associated with rehousing individuals and families who
have lost their homes; and
WHEREAS, one of the four primary eligible use categories is to support the COVID-19 public
health and economic response by addressing COVID-19 and its impact on public health as well as
addressing economic harms to households, which includes providing rent assistance to low to
moderate income applicants; and
WHEREAS, the City Council has determined that the funds should be reallocated to a rental
assistance program to be administered by the Community Resources Department.
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 commits ARPA
funds in the amount of $71,411.00 to a rental assistance program to be administered by the City's
Community Resources Department.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED this 19th day of November, 2024.
APPROVED:
ATTEST:
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
/Org2 CHIEF FINANCIAL OFFICER (110)
2024
Requestor: Steven Dotson
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Recommend Council approve a commitment of $71,411 in ARPA funds to the Housing Assistance program and approval
of a budget adjustment.
RESOLUTION/ORDINANCE
COUNCIL DATE: 11/19/2024
ITEM ID#: 2024-722
Nolly Black
7117412024 10:59 A/1
Budget Division Date
TYPE:
D - (City Council)
JOURNAL #:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
- -
Increase / (Decrease)
Expense Revenue
Prolect.Sub#
Project Sub.Detl
AT
v.20241029
Account Name
2246.800.9735-5315.00
71,411 -
20023 2021
EX
Contract Services
2246.800.9731-5315.00
2246.800.9732-5315.00
(61,411) -
(10,000) -
20023 2021
20023 2021
EX
EX
Contract Services
Contract Services
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