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HomeMy WebLinkAbout15-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 15-23 File Number: 2022-240 SUBRECIPIENT AGREEMENT WITH WELCOMEHEALTH: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH WELCOMEHEALTH TO PROVIDE NO -COST MEDICAL AND DENTAL CARE TO LOW INCOME FAYETTEVILLE RESIDENTS UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $75,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville has received funding from the American Rescue Plan Act (ARPA) and invited non-profit organizations to submit proposals for projects to fund with the available ARPA funding; and WHEREAS, WelcomeHealth submitted an application requesting $75,000.00 in American Rescue Plan Act funds to provide 1,818 no -cost medical and dental services to 361 low income, uninsured Fayetteville residents to aid them in regaining their health and wellbeing. 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 WetcomeHealth utilizing American Rescue Plan Act funds in the amount of $75,000.00 to provide no -cost medical and dental care to low income, uninsured Fayetteville residents. 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 January 3, 2023 A nnrnvpd Attest: OT Y 6 n. • r� [ , r Kara Paxton, City Clerk Treasurer Page 1 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF JANUARY 3, 2023 TO: Mayor Jordan and City Council THRU: Kit Williams, City Attorney FROM: Blake Pennington, Assistant City Attorney DATE: December 16, 2022 SUBJECT: WELCOMEHEALTH SUBRECIPIENT AGREEMENT CITY COUNCIL MEMO 2022-240 RECOMMENDATION: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH WELCOMEHEALTH TO PROVIDE NO -COST MEDICAL AND DENTAL CARE TO LOW INCOME FAYETTEVILLE RESIDENTS UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $75,000.00, AND TO APPROVE A BUDGET ADJUSTMENT BACKGROUND: Council Member D'Andre Jones is sponsoring a resolution to approve ARPA funding for WelcomeHealth to provide no -cost medical and dental care to low-income, uninsured Fayetteville residents. DISCUSSION: BUDGET/STAFF IMPACT: Budget adjustment attached ATTACHMENTS: WelcomeHealth - ARPA Funds - Council Member Jones -signed, BUDGET ADJUSTMENT Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CivicClerk Item No.: 2022-240 AGENDA REQUEST FORM FOR: Council Meeting of January 3, 2023 FROM: Council Member D'Andre Jones ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH WELCOMEHEALTH TO PROVIDE NO -COST MEDICAL AND DENTAL CARE TO LOW INCOME FAYETTEVILLE RESIDENTS UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $75,000.00, AND TO APPROVE A BUDGET ADJUSTMENT APPROVED FOR AGENDA: Approved by email City Council Member D'Andre Jones Asst. City Attorn y Blake Pennington Approved as to form 12/16/22 Date 12/16/2022 Date RESOLUTION NO. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH WELCOMEHEALTH TO PROVIDE NO -COST MEDICAL AND DENTAL CARE TO LOW INCOME FAYETTEVILLE RESIDENTS UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $75,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville has received funding from the American Rescue Plan Act (ARPA) and invited non-profit organizations to submit proposals for projects to fund with the available ARPA funding; and WHEREAS, WelcomeHealth submitted an application requesting $75,000.00 in American Rescue Plan Act funds to provide 1,818 no -cost medical and dental services to 361 low income, uninsured Fayetteville residents to aid them in regaining their health and wellbeing. 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 WelcomeHealth utilizing American Rescue Plan Act funds in the amount of $75,000.00 to provide no -cost medical and dental care to low income, uninsured Fayetteville residents. 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 3rd day of January, 2023. APPROVED: ATTEST: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer 4Y OF FAYETTEVILLE CITY OF FAYETTEVILLE - ARKANSAS AMERICAN RESCUE PLAN ACT 2022 SUBRECIPIENT GRANT APPLICATION NOTE: Submission of a Subrecipient Grant Application provides no guarantee that the applicant will receive funding. All organizations selected to receive funds will be subject to entering into a contract with the City of Fayetteville and subject to the rules and regulations pertaining to the American Rescue Plan Act. Please review the City of Fayetteville American Rescue Plan Act 2022 Subrecipient Grant Application Guide for more information on the required items listed in this application. PART 1 APPLICANT IDENTIFICATION Total Amount of Funding $75,000 Requested (whole dollar) Minimum $25,000 Applicant/Organization Name WelcomeHealth Mailing Address street, city, zip 1100 N. Woolsey Avenue, Fayetteville, 72703 Organization Website www.welcomehealthnwa.org SAM Unique Entity ID pending since 4/7/22 (see supporting documentation) Number Organization FEIN/SSN 58-1691790 PART 2 APPLICANT CONTACT INFORMATION Contact for Project (name & title) Brittney Gulley, Director of Development Contact Phone Number 479-444-6033 Contact Email bgulley@welcomehealthnwa.org Signature Authority Monika Fischer -Massie, Executive Director (name, title & email address) mfischerm@welcomehealthnwa.org PART 3 PROJECT INFORMATION Project Name Providing no -cost medical and dental care to low-income citizens Project Address (street, city, zip) 1100 N. Woolsey Avenue, Fayetteville, 72703 American Rescue Plan Act PART 3 PROJECT INFORMATION continued Is anyone with control over the Organization (i.e. owner, manager, director, board member, or other) or any ® Yes Q No member of that person's immediate family, an employee or elected official of the City of Fayetteville If Yes, above, please identify person and position with the City The effects of Covid-19 have been widespread and disproportionately affected low-income individuals. WelcomeHealth is continuing its mission to provide access to Project Summary free medical and urgent dental care to low-income, uninsured or (brief synopsis of proposed project) underinsured residents. Our medical clinic offers primary care, health promotion, disease prevention, patient education, mental health counseling, patients drug assistance and some specialty care. Our dental clinic provides emergency dental extractions, oral health education, x-rays, exams and limited dental cleanings and fillings. WelcomeHealth was founded in 1986 and has been providing medical care since the beginning and dental care since 1986. It provides services three days and one evening a week. The Describe previous demand for our services is continuous, as we are the only free experience in providing similar services health and dental clinic in the Fayetteville and Springdale area. We are constantly looking for ways to expand our services to accommodate the growing needs of our patients and their families. Programs will typically be WelcomeHealth will budget and spend requested funds over a funded for a time period not to exceed 12 months from period of 12 months from signed date. The majority of the signed date of the WelcomeHealth's support comes from grants that need to be subrecipient agreement. budgeted, spent and reported on within one year. Thus far, Please describe your WelcomeHealth did not have to reimburse a grantor for funds not organization's ability to plan spent within a 12-month grant period. and utilized requested funds within that timeframe. American Rescue Plan Act PART 4 PROJECT BENEFICIARIES Projected number of 361 Fayetteville beneficiaries Because the federal rules vary depending on the type of project for which funds are being requested, the city has grouped project requests in 3 focus categories: Social Services, Economic, and Environmental. Please choose the corresponding category below that most closely identifies your project. PART 4A SOCIAL SERVICES APPLICATIONS ONLY Will ALL beneficiaries live, work and/or go to school in O Yes ONo Fayetteville Will ALL beneficiaries meet US Treasury Low to O Yes O No Moderate Income (LMI) Guidelines (please see Application Guide, Exhibit A. Will ALL beneficiaries have been negatively impacted by Yes O No COVID-19 Does this request respond to a negative COVID-19 Q Yes O No impact? If answering Yes to the Prior to the pandemic, there were 60,000 people, living in poverty question above, please and without health insurance in Northwest Arkansas. We suspect describe the COVID-19 these numbers have increased as many individuals lost their impact and how this proposal will aid in employment and health benefits. Our demand for services responding to the impact increased, and support from ARPA will help us serve those individuals. Please indicate how the WelcomeHealth is a 501(c)(3) corporation that has been facing proposed project meets significant challenges due to an increased demand for its eligibility standards and services and changing operational needs. It has been requirements described in the U.S. Department of the challenging to cover operating costs to continue services to those who have been hit with an economic hardship and inability to pay for their health and dental care. To sustain operations, we had to discontinue two of our programs and terminate the Treasury's Final Rule for Coronavirus State and Local Fiscal Recovery Funds employment of four employees. American Rescue Plan Act PART 4B ENVIRONMENTAL APPLICATIONS ONLY Please describe the effect of the proposed environmental impact or benefit. Please indicate how the proposed project meets eligibility standards under the EPA's Clean Water State Revolving Fund (CWSRF), Drinking Water State Revolving Fund (DWSRF), or eligible projects as described in the U.S. Department of the Treasury's Final Rule for Coronavirus State and Local Fiscal Recovery Funds. See Subrecipient Application Guide for more information. PART 4C ECONOMIC APPLICATIONS ONLY Please describe the residents or industry sector this grant request is intended to serve or benefit. Please indicate how the proposed project meets eligibility standards and requirements described in the U.S. Department of the Treasury's Final Rule for Coronavirus State and Local Fiscal Recovery Funds. Does this request respond to Yes O No a negative COVID-19 impact If yes, please describe the COVID-19 impact and how this proposal will aid in the City's economic recovery American Rescue Plan Act PART 5 FAYETTEVILLE BUSINESS LICENSE City Code Chapter 118 Business Registry and Licenses delineates what businesses are required to have a Fayetteville Business License. Submission of this grant application indicates that, if required, a current business license is in place. PART 6 SIGNATURE OF SIGNATURE AUTHORITY AND DATE 1 I am an authorized employee/agent of the applicant organization and I am authorized to submit this application. I have read and reviewed the American Rescue Plan Act documentation. I understand that as a subrecipient of the City of Fayetteville's American Rescue Plan Act funds, I will be responsible for maintaining records, complying with provisions of the subrecipient agreement, and providing any/all records and information necessary for the City of Fayetteville to report on this award. All applications and documentation are subject to disclosure pursuant to the Arkansas Freedom of Information Act. All documentation may be provided to Federal and/or State government agencies for accounting and auditing purposes. J r AW Name/Title/D to American Rescue Plan Act PART 7 ORGANIZATION DESCRIPTION Provide a brief description of your organization and the services offered. Year of Incorporation 11985 WelcomeHealth provides quality medical care, dental care and support services in partnership with other community resources to low-income individuals regardless of their ability to pay. WelcomeHealth provides opportunities for and encourages a Philosophy, Purpose and/or spirit of volunteerism and service to the community. Mission Statement Provide a brief description of your organization including information about programs and/or services other than the proposed project. Since 1986, WelcomeHealth has been providing free medical care to low-income families in our community. We celebrate and are thankful for the small group of concerned citizens who, under the leadership of local icon Ms. Jessie Bryant, recognized the imperative need for affordable medical care for their uninsured neighbors. The dire necessity for dental care was prevalent as well; thus, Dr. JB Hays started our dental extraction clinic in 1988. The growing demand for our services and limited space necessitated four moves in our history. Our name changed from Northwest Arkansas' Free Health Center to WelcomeHealth in 2015; however, our mission to help those in need stayed the same. WelcomeHealth remains true to its original vision of Ms. Bryant and her supporters! In the beginning, our clinic was volunteer based and offered services only one evening a week. Now, WelcomeHealth provides services three days and one evening a week. General medical care is provided by our part-time staff nurse practitioner and RN Monday through Wednesday, and specialty medical and dental care by our volunteer doctors and dentists on Thursday evening. We are grateful for our army of professional volunteers from the community who help us carry out our mission; WelcomeHealth would not survive without them! American Rescue Plan Act 6 PART 7 ORGANIZATION DESCRIPTION continued The medical services we offer include primary and preventive care, gynecology, pediatrics, physical therapy, diabetes and nutrition education, indigent prescription drug program enrollment, mental health and education in COVID-19 infection prevention. WelcomeHealth is the only health clinic in Northwest Arkansas that does not charge its patients, even on a sliding scale based on income. WelcomeHealth also receives referrals from other healthcare providers and from offices of our professional volunteers, partner non -profits, social organizations or family/friends of our current patients. We are fortunate to have a collaboration with Quest Diagnostics and NWA Pathology Associates which conduct labs, and WRMC which offer imaging for our uninsured patients free of charge. In addition, several of our volunteer doctors provide follow-up care for our patients at their own clinics at a reduced rate. In 2020, at the beginning of the pandemic, we made the tough decision to discontinue our restorative dental and dental hygiene program due to budgetary constraints. We continued to offer emergency dental extractions and oral surgery. We started a new oral health education class in 2021. Thanks to the dedication of our loyal dental volunteers who saw the need to do more than extractions, we are now offering limited restorative dental and dental hygiene during our Thursday evening dental clinic. Saving patients' teeth rather than extracting them is a better solution to dental problems, and we are committed to doing that in hopes to reinstate our full restorative program in the near future. WelcomeHealth strives to be a stepping stone to better health and quality of life to those who cannot afford or access care elsewhere. Regardless of income or insurance status, we are happy to provide 100% FREE healthcare as long as one's household income is not more than 200% of the federal poverty level, but the majority of our patients are at the 100% level of poverty. American Rescue Plan Act 7 PART 8 PROJECT BUDGET Provide a descriptive line -item budget for the entire project including the American Rescue Plan Act (ARPA) funds being requested. Provide specific information on how American Rescue Plan Act funds will be used and include any necessary supporting documentation. Please indicate whether any American Rescue Plan Act funds have been requested or received from other sources, and if so, provide detailed information on the source and proposed use of those funds. Please indicate how you will spend all awarded ARPA funding by the project end date. WelcomeHealth Budget 2022 Expenses Income ARPA Funding Other Bank Service Charge $ 500 $ 500 Conference/Workshops/Meetings $ 3,000 $ 3,000 Contract Labor/Computer $ 3,500 $ 3,500 Dues and Subscriptions $ 1,200 $ 1,200 Fringe Benefits $ 25,300 $ 25,300 Fundraising Expense $ 16,000 $ 16,000 Insurance $ 8,450 $ 2,000 $ 6,450 Licenses and Permits $ 1,100 $ 1,100 Maintenance $ 7,300 $ 2,550 $ 4,750 Dental and Medical Supplies $ 14,700 $ 2,500 $ 12,200 Mileage $ 1,500 $ 1,500 Office Supplies $ 3,500 $ 3,500 Payroll & Payroll Taxes $ 369,889 $ 59,750 $ 310,139 Postage and Delivery $ 1,400 $ 1,400 Prof. Fees, Payroll Services $ 15,776 $ 15,776 Recruiting $ 600 $ 600 Rent $ 12,000 $ 5,000 $ 7,000 Software Licensure $ 6,720 $ 6,720 Supplies Volunteers $ 1,200 $ 500 $ 700 Telephone, Internet $ 5,400 $ 2,700 $ 2,700 $ 499,035 $ 75,000 $ 449,035 *Other funding (foundations, corporations, civic clubs, churches, special events and individuals) is projected and not guaranteed. Received PPP loan on 4/17/20 which was forgiven on 5/17/21. Funds were spent on payroll, fringe benefits, rent, utilities. American Rescue Plan Act PART 9 PROJECT DESCRIPTION Describe the proposed project and provide the information requested under PART 9 of the American Rescue Plan Act 2022 Subrecipient Application Guide. Please provide any additional information that will assist in evaluating the project. What will the proposed project do? The project will provide access to no -cost medical and dental care to uninsured or underinsured, low-income families who live in the City of Fayetteville. Providing access to preventive medical and emergency dental services will reduce complications that could lead to additional and more severe problems. Furthermore, it gives families from low-income backgrounds and those disproportionately affected by the COVID-19 pandemic an alternative to emergency room care which may have been their only option in the past. Adults who are sick cannot work to support their families. Sick children have elevated school absenteeism rates and low academic achievement which can affect high school graduation and ultimately success in life. By being a resource for our community, we help patients stay and get healthy so they do not miss work or school due to illness. How will it be executed? Our part-time staff nurse practitioner and RN, assisted by our army of professional volunteers and pre-med students, will provide free services Monday through Thursday to help our medical patients return to and stay at an optimal level of health which affects their economic prosperity, quality of life and well-being. Our professional dental volunteers and pre -dental students will staff our Thursday evening dental clinics to give patients an option for relief of pain and suffering caused by infected teeth or long-time neglected oral care. At our clinic, treatment plans will be set-up for each patient and follow-up appointments will be scheduled until patients are feeling better and report they are out of pain. How will beneficiaries be assisted and selected? Providing low-income residents within the City of Fayetteville access to quality medical and dental care is a worthwhile investment in our community. Healthy residents contribute to a healthy and productive community! Individuals who are healthy make better employees, better students/learners, better parents and better neighbors. American Rescue Plan Act 0 PART 9 PROJECT DESCRIPTION continued Patients can call or walk-in to receive an appointment. Income verification is required for all new and returning patients. In addition, demographic info and past medical history is obtained. Finally, all patients will be asked during intake if they have been negatively impacted by COVID-19. When patients have submitted all required paperwork and provided evidence that they meet the clinic's income guidelines (household cannot make more than 200% above Federal Poverty Level), their enrollment process is complete. Supporting WelcomeHealth's proposed project will enable us to treat/serve our most vulnerable families in our community. By giving our low-income, uninsured residents a medical home, we allow them to concentrate on their other basic life necessities (roof over their heads, food on their table, clothing on their back, etc.) instead of worrying where the funds for a health or dental care visit will come from. This eliminates the decision of skipping payment on something else, like rent, utilities, food, etc. which ultimately affects their entire family. WelcomeHealth offers a long-term solution to the lack of affordable health and dental care for low-income families. Our clinic's mission and purpose is to help those in need which is achieved by providing free health and dental care to low-income families. We plan to serve 2,400 patients within the next year. Funding of $75,000 from ARPA will allow us to provide 1,818 services to 361 Fayetteville residents. Our assistance will aid them in regaining their health and wellbeing. American Rescue Plan Act 10 PART 10 PROJECT TIMELINE Provide a complete and specific timeline for all activities related to proposed project. ACTIVITY April April — July — Oct — Jan — 2022 June Sept Dec March 2022 2022 2022 2023 1 Apply for ARPA X funds (April `22 . 2 Conduct annual X X X X X fundraising campaign with foundations and other donors. 3 Provide free medical X X X X and dental care to 361 uninsured, low income persons who reside in Fayetteville. 5 Pay for medical and X X X X dental expenses, including staff salaries and other overhead expenses. 6 Request X X X reimbursement for ARPA expenses (approximate date). 7 Provide quarterly X X X Sub -recipient Beneficiary Reports. American Rescue Plan Act 11 PART 11 DATA COLLECTION, RECORD MAINTENANCE, AND REPORTING Describe how the organization will collect data and maintain records to track program activities and eligibility verification. Please also describe your organization's ability to produce required documentation including financial reports, performance reports, progress reports, expenditure information, etc. WelcomeHealth will collect and track the project in the following manner: Data Collection/Tracking — All patient information is entered into our two electronic records systems, eClinicalWorks for medical and Dentrix for dental. This will include all patient demographic information, household size, income verification and place of residence. In addition, every service provided and patient visit will be recorded. Record Maintenance — All patient information and services are recorded in eClinicalWorks and Dentrix as mentioned above. Additionally, our intake forms will include a question asking patients if they have been negatively impacted by COVID-19. Our executive director tracks expenditures, and a volunteer accountant enters bills and payments into QuickBooks once a month. Our Board of Directors reviews expenses, income and all financial reports for each month at their board meetings held every other month. WelcomeHealth pays a CPA firm to audit its financial records every year. Reporting - Within our medical records systems, staff can pull reports and run queries for each of the project participants at any given time. In addition, the executive director can submit financials and progress reports whenever requested. American Rescue Plan Act 12 PART 12 PROJECT EVALUATION I OBJECTIVES AND OUTCOMES List the objectives (not activities) of the proposed project. Describe how each objective will be measured to determine if it has been met. Use the following format Objective #: Outcome(s): Method of Measurement: Objective: Provide 1,818 FREE medical and dental services to 361 low-income patients who live, work or attend school in the City of Fayetteville. Outcome(s): Success is measured by the number of happy comment cards and testimonies we receive on a monthly basis, as well as the number of patients we serve and number of services we provide. When patients report they are feeling better, they are free from pain or their four key health numbers improved (blood pressure, glucose, cholesterol, weight) and are in a healthy range, we know that we were successful and the resource the patients needed to improve their health! Patients are educated about how to maintain optimal health and assured that we are here for them if they need us in the future. Regular check-ups and maintenance exams are encouraged and our front desk staff will schedule follow-ups as needed for each patient. At the onset of COVID-19, we had patients who were apprehensive of seeking care due to the fear of contracting the virus. Our staff has worked hard to insure our patients of all safety and health protocols and regained their trust in visiting our clinic for care. In the process, we educate our patients on how to stay healthy and prevent the spread of COVID-19. Method of Measurement: All patient information including demographics, place of residence, income verification and services provided are entered into our electronic records systems, eClinicalWorks for medical and Dentrix for dental. Those databases can be queried at any time to determine if project objectives are being met. Furthermore, our intake forms will provide a place for every patient to record if he/she has been negatively impacted by COVID-19. American Rescue Plan Act 13 PART 13 PARTIAL FUNDING Indicate whether the project can proceed with partial funding. If YES, indicate the minimum amount the applicant will accept with line items arranged from highest to lowest priority. Describe the impact that partial funding will have on the project. If NO, the project will not be considered for partial funding. YES — There is no minimum amount that we would not accept as we are grateful for any extra support we may receive from the American Rescue Plan Act! However, partial funding may affect the number of patients we can serve. Funding priorities below are listed from highest to lowest level of acceptance. Any partial funding will go toward the following line items (highest to lowest priority): 1. Payroll - this is an important line item because our nurse practitioner, RN and support staff are paid to serve the patients we see. 2. Rent 3. Telephone 4. Maintenance 5. Dental and Medical Supplies 6. Insurance 7. Volunteer Supplies American Rescue Plan Act 14 PART 14 ADDITIONAL DOCUMENTATION CHECKLIST Please provide these items with your application. See page 10 of the 2022 American Rescue Plan Act Subrecipient Application Guide for more information Accessibility Narrative Board of Directors Bylaws Certificate of Good Standing Financial Audit (see Application Guide for more information) Intake Forms Non -Profit Status Verification [IRS 501(c)(3) letter, IRS form 990 or 990-EZ, etc.] E]�esumes System Award Management (SAM) registration SQ.e— Status of Funding (if applicable) Additional Documentation Checklist (this page) Additional Information C� I rl 4-jR.e— American Rescue Plan Act 15 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number /Org2 Non -Departmental (800) 2022 Requestor: Alderman, D'Andre Jones BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH WELCOMEHEALTH TO PROVIDE NO -COST MEDICAL AND DENTAL CARE TO LOW INCOME FAYETTEVILLE RESIDENTS UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $75,000.00, AND TO APPROVE A BUDGET ADJUSTMENT COUNCIL DATE: 1/3/2022 ITEM ID#: 2022-240 Kevin Springer 121912022 4:29 PIVl Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 75,000 75,000 v.20221115 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 2246.800.9246-4309.01 - 75,000 20023 2021 RE Federal Grants - Operational 2246.800.9723-5315.00 75,000 - 20023 2021 EX Contract Services 1 of ] WelcomeHealth Subrecipient Agreement City of Fayetteville Staff Review Form 2023-0149 Legistar File ID ARCHIVED N/A City Council Meeting Date -Agenda Item Only N/A for Non -Agenda Item Steve Dotson 1/24/2023 INTERNAL AUDIT (036) Submitted By Submitted Date Division / Department Action Recommendation: Recommend Mayor's signature of approval of a subrecipient agreement with WelcomeHealth in the amount of $75,000.00 to provide funding from the American Rescue Plan Act to fund a subrecipient grant agreement that will provide no -cost medical and dental care to low income uninsured Fayetteville residents. Resolution 15-23 passed on 1/3/23 as a walk-on item included the funding arrangements and authorized Mayor Jordan to sign the subrecipient agreement. Account Number Project Number Budgeted Item? Does Item have a cost? Budget Impact: Fund Project Title Current Budget $ Funds Obligated $ - Current Balance I$ Item Cost $ - Budget Adjustment Attached? Budget Adjustment Remaining Budget wm2ros2z Purchase Order Number: Previous Ordinance or Resolution N Change Order Number: Original Contract Number: Comments: Approval Date: 02/02/2023 CITY OF FAYETTEVILLE ARKANS ARKANSAS TO: Mayor THRU: Susan Norton, Chief of Staff FROM: Steve Dotson, Internal Auditor DATE: January 24, 2023 SUBJECT: Subrecipient Agreement— WelcomeHealth STAFF MEMO Recommend Mayor Jordan's signature on the WelcomeHealth subrecipient agreement. BACKGROUND: Resolution 15-23 passed and approved on 1023, authorized Mayor Jordan to sign a subrecipient agreement with WelcomeHeath to provide no -cost medical and dental care to low income Fayetteville residents utilizing American Rescue Plan Act Funds in the amount of $75,000.00. DISCUSSION: WelcomeHealth submitted a request for funding under the ARPA program as a subrecipient, to operate a program to provide no -cast medical and urgent dental care to low income, uninsured, or underinsured residents of Fayetteville BUDGET/STAFF IMPACT: This WelcomeHealth subrecipient program will be funded with American Rescue Plan Act funds. Attachments: ARPA Subrecipient Contract with WelcomeHealth and Resolution 15-23 attached at the end of the subrecipient contract. Mailing Address: 113 W. Mountain Street wvrw.fayettevllle-ar.gov Fayetteville, AR 72701 Aft CITY OF FAYETTEVILLE ARKANSAS SUBRECIPIENT AGREEMENT for AMERICAN RESCUE PLAN City of Fayetteville, AR and WELCOME HEALTH City of Fayetteville Subrecipient# ARPA-0007 This Subredplent Agreement (Agreement) is entered into and effective on this 2nd day of Fehraaq 2023 between the City of Fayetteville, hereafter referred to as 'the City", and WelcomeHealth, hereinafter refereed to as "subrecipient". WHEREAS, WelcomeHealth requested funding to provide no -cost medical and dental care to low-income uninsured Fayetteville residents; 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 WelcomeHealth 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 C!Ws Federal award funding; and WHEREAS, theory 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 Ruk of the Department of the Treasury that capital expenditures, in certain cases, can be appropriate responses to the public health and economic impacts of the pandemic; and WHEREAS, the Final Rule of the Department of the Treasury lists the use of funds to cover medical care provided to an uninsured individual as an enumerated eligible use, and that Treasury recognizes primary care clinics and integration of health services into other settings designed to address health disparities as eligible projects to respond to disproportionate impacts of the pandemic on households and communities. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, the City and subrecipient agree as follows. City of Fayetteville, AR and WelcomeHealth City of Fayetteville Subreopient Agreemei ARPA-0007 Page 1 of 19 AI CITY OF .� EVILLE ARKANSRKANSAS 1. INFORMATION REQUI RED By THE UNIFORM GRANT GUIDANCE fUGG14200.332 a) Subrecipient Name (must match the name associated with its Unique Entity Identifier): WelcomeHealth 1100 N. Woolsey Avenue Fayetteville, AR 72703 EIN: 58-1691790 b) Subreciplent's Unique Entity Identifier (formerly known as DUNS number): FD90.CHF161G6 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: $75,000 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@treasarv.Rov Telephone: 202-622-6415 Website: httus://home.treasuw.kov/uolicv-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: WelcomeHealth Attn: grinner Gulley, Director of Development 1100 N. Woolsey Avenue Fayetteville, AR 72703 Gty of Fayetteville. AR and WelcomeHealth City of Fayetteville Subrecipient Agreements ARPA-0007 Page 2 of 18 CITY OF .� FAYETTEVILLE ARKANS ARKANSAS f) Assistance Listings Number and Ttle: 21.027 Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) (AKA the American Rescue Plan Local Recovery Funds, hereinafter ARPA) See https://sameov/fal/7cecfdef62dc42729a3fdcd449bd62b8/view This subaward is a program grant and not for Research and Development. g) Indirect Cost Rate: Ide minimis cost rate) maximum of 10% of direct costs if indicated in the budget. 2. 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 parry without prior written Clty approval. 4. PERIOD OF PERFORMANCE: This Agreement shall commence on the effective date stated above and shall expire one year from commencement. The Agreement may be extended or shortened upon mutual written agreement of the parties. 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. TAKES: 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 dunng the Agreement Term, as well as all such laws which may be enacted or otherwise become City of Fayetteville, AR and WelcomeHealth City of Fayetteville Subrecipient Agreementg ARPA-OD07 Page 3 of 19 CITY OF FAYETTEVILLE ARKANS ARKANSAS effective during the Agreement Term. The term "federal, state and local laws" shall include, without limitation: a. Federal Requirements: i. Suhrecipient agrees to comply with the requirements of section 603 of the ARPA, regulations adopted by Treasury pursuant to section 61 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 Suhrecipient 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: 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 Polity requirements are excluded from coverage under this assistance listing: For 2 CFR Part 200, Subpart C, the fallowing 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 (Preawardcosts);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 AFRF 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). 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. J. OMB Guidelines to Agencies on GovernmeMwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the City of Fayetteville, AR and WelcomeRealth City of Fayetteville Subrecpient Agreements ARPA-0007 Page 4 of 18 CITY OF FAYETTEVILLE ARKANS ARKANSAS 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 8) that the award is subject to 2 CF.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. e. Subreciplent 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. Govemmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20, g. New Restrictions o t Lobbying, 31 C.F.R. Part 21. It, 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. In. Statutes and regulations prohibiting discrimination applicable to this award include without limitation, the following: Title A 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, Tide Vlll 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; City of Fayetteville, AR and WelcomeHealth City of Fayetteville Subredpient Agreements ARPA-0007 Page 5 of 18 CITY OF ��FAYETTEVILLE ARKANS ARKANSAS d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et sec.), 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 IS 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. vu. 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. vin. 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 auditfindings specifically related to the subaward and not responsible for resolving cross -cutting findings (§200.332(d)(4)). City of Fayetteville, AR and WelromeHei City of Fayetteville Subrecipient Agreemeni4 ARPA-0007 Page 6 of 1g CITY OF FAYETTEVILLE ARKANS ARKANSAS ix. Disclosure of Information. Any confidential or personally identifiable information (Pill 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 affectingthe awarded funds in accordance with 2 C.F.R. § 200,112. b. City and Other City Requirements(see 6200.3321a)13W I. Reporting: Subrecipient agrees to comply with any reporting obligations established by the City as it relates to this award. Subrecipient shall submit a Monthly Grant Report by the 15th of the month to the Contact for the City. ii. Maintenanceofand Accessto Records: a. The Subrecipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasurys 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. hi. 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 A , along with the Budget required for that performance, which is incorporated into City of Fayetteville, AR and WelcomeRealth City of Fayetteville Subrecipient Agreement# ARPA-0007 Page 7 of 18 CITY OF .� FAYETTEVILLE ARKANS ARKANSAS the Agreement as Attachment B and C respectively. Isee Attachment B: Scope of Work and Attachment C Budget). Subrecipient shall provide Monthly Reports as provided above. v. Relationship of Parties. The parties are independent, and neither parry 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 Citys 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 -she visits, follow-up, document and/or desk reviews, thirciparly 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 subreopient'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. City of Fayetteville, AR and Welcomellealth City of Fayetteville Subrecipient Agreementa ARPA-0007 Page 8 of 18 Aft CITY OF FAYETTEVILLE ARKANS ARKANSAS 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 moderate. 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 (§20D.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 I§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. CopyrlghtAntellectual 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 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 Crder12549. Subrecipientfurther 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.sann 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 ("D11i 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 City of Fayetteville, AR and WelcomeHealth City of Fayetteville Subrecipient Agreement! ARPA-0007 Page 9 of 18 Aft CITY OF FAYETTEVILLE ARKANSAS S. 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 $75,000 DOLLARS for full and complete satisfactory performance of this Agreement. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in AppendlxA and in accordance with performance. The subrecipient may invoice the City monthly. Invoices shall state the period for which reimbursement is being requested and will itemize the cost by budget category per Appendix A. Copies of invoices and other supporting documentation shall be attached. All deliverables and reports defined in Appendix are to be submitted to the City for the compensation defined herein. 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. 10. 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 parry, 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. 11. 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 Citys 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 WelcomeHealth City of Fayetteville Subrecipient Agreement# ARPA,0007 Page 10 of 18 CITY OF .� FAYETTEVILLE ARKANS ARKANSAS 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 It. $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 i.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. Monthly reports shall be submitted to the City fifteen (15) calendar days after month end. Monthly 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. I, 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. I, Access to Records (See 4200. 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(4200.337(a)). City of Fayetteville, AR and WelcameHealth City of Fayetteville Subrecipient Agreements ARPA4=7 Page 11 of 18 CITY OF .� FAYETTEVILLE ARKANS ARKANSAS 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; iirecords demonstrating that each activity undertaken meets the national objectives of the federally- connected program; iiL 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 five 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 five 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 five- 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 City of Fayetteville. AR and WelcomeHealth City of Fayetteville Subrecipient Agreement# ARPA-0007 Page 12 of 19 CITY OF FAYETTEVILLE ARKANS ARKANSAS guidelines; and (fill incurred in accordance with all applicable requirements for the expenditure of funds payable under this Agreement. 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 Subredpient'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. 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 5ubrecipient'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 200.3321a)(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 it melines 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) (4200. 344(a)). City of Fayetteville, AR and WelcomeHeatth City of Fayetteville Subrecipient Agreeni ARPA Color Page 13 of 1B CITY OF .� FAYETTEVILLE ARKANS ARKANSAS iii. The City must describe requirements for liquidation of financial obligations if the award is ending, or identification of carryover of funds, if needed, to the next award period (15200.344(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)}. 12. 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. 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. 5ubrecipientshall 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. 13. 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, City of Fayetteville, AR and Welmmerlealth City of Fayetteville Subrecipient Agmement4 ARPA-OD07 Page 14 of 18 CITY OF FAYETTEVILLE ARKANS ARKANSAS 14. 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 Subrecipientto assure the compliance of project. 1S. REMEDIES FOR NONCOMPLIANCE'. If the Subrecipient fails to comply with any term in this Agreement, the City may take one or more of the actions indicated in 2 CFR Part 200.338 Remedies for noncompliance. I& 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. 17. TERMINATION OF AGREEMENT: This Agreement maybe terminated at anytime 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. 18. 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. 19. 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. 20. 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 parry of any liability under this Agreement unless the other parry 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. 21. 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. City of Fayetteville, AR and WelcomeHealth City of Fayetteville Subrecipient Agreement# ARPA-0007 Page 15 of 18 CITY OF FAYETTEVILLE ARKANS ARKANSAS 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 575,000 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. 22. 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. Subrecipients failure to maintain insurance in the form and/or amounts required by the Citypursuant 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 Welcomellealth City of Fayetteville Subrecipient Agreement# ARPA-0007 Page 16 of 19 CITY OF FAYETTEVILLE ARKANSAS 23. 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. 24, 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. 425-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 2S. 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. 26. 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 Clty's address or to the Subrecipient's address as listed below. CITY OF FAYETTEVILLE AR SUBRECIPIENT ATTN: Mayor Uoneld Jordan ATTN: Brittney Gulley, Dir. of Development 113 W. Mountain 1100 N. Woolsey Avenue Fayetteville, AR 72701 Fayetteville, AR 72703 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. Construction. The headings and captions of this Agreement are provided for convenience only and areintended 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 parry. City of Fayetteville, AR and WelcomeHealth City of Fayetteville Subrecipient Agreementa ARPA-0007 Page 17 of 18 CITY OF FAYETTEVILLE ARKANS ARKANAS d. 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 cr waive its right to exercise any or all other rights and remedies. e. 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. I. 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 FAYOirTEVILLE, ARKANSAS WELCOME ��rt'' TH fond or a yor Moniker Fischer- ssie, Exec. Director Attest: `�Ov RK LT R�SGii By: eu.., -Signed: Date Signed: 02/02/2023 $9.,•.�'kAN •., City of Fayetteville, AR and WelcomeHealth City of Fayetteville Subrecipient Agreemi ARPA-Opp] Page 18 of 18