HomeMy WebLinkAbout23-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 23-23
File Number: 2022-249
EXCELLERATE FOUNDATION D/B/A UPSKILL NWA:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH
EXCELLERATE FOUNDATION D/B/A UPSKILL NWA FOR JOB TRAINING AND PLACEMENT SERVICES
FOR LOWER -INCOME FAYETTEVILLE RESIDENTS INTO HIGHER WAGE, HIGH DEMAND
OCCUPATIONS UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $742,223.00,
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, the Excellerate Foundation submitted an application requesting $742,223.00 in American Rescue Plan
Act funds to provide job training and placement services for lower -income Fayetteville residents into higher wage, high
demand occupations; and
WHEREAS, funds will be applied toward direct educational expenses, which includes tuition, books, school supplies,
and other school related fees, and wraparound support to address barriers that might bar participants from attending
class regularly, which may include transportation, child care, housing assistance, and mental health resources.
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 the Excellerate Foundation d/b/a Upskill NWA to provide the amount of $742,223.00 in
American Rescue Plan Act funds to provide job training and placement services for lower -income 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 17, 2023
Page 1
Resolution: 23-23
File Number.' 2022-249
Approved:
Page 2
Attest:
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Kara Paxton, City r Treasurer : F
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CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 17, 2023
TO: Mayor Jordan and City Council
THRU: Kit Williams, City Attorney
FROM: Blake Pennington, Assistant City Attorney
DATE:
SUBJECT: EXCELLERATE FOUNDATION D/B/A UPSKILL NWA:
RECOMMENDATION:
CITY COUNCIL MEMO
2022-249
BACKGROUND:
Council Member Hertzberg is sponsoring a Resolution to authorize an ARPA subrecipient agreement with
Excellerate Foundation d/b/a Upskill NWA to provide job training and placement services for lower -income
Fayetteville residents into higher wage, high demand occupations.
DISCUSSION:
BUDGET/STAFF IMPACT:
Budget Adjustment attached
ATTACHMENTS: AGENDA REQUEST PACKET - COUNCIL MEMBER HERTZBERG-
EXCELLERATE UPSKILL NWA- SIGNED, BUDGET ADJUSTMENT
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2022-249
EXCELLERATE FOUNDATION D/B/A UPSKILL NWA:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT
WITH EXCELLERATE FOUNDATION D/B/A UPSKILL NWA FOR JOB TRAINING AND
PLACEMENT SERVICES FOR LOWER -INCOME FAYETTEVILLE RESIDENTS INTO HIGHER
WAGE, HIGH DEMAND OCCUPATIONS UTILIZING AMERICAN RESCUE PLAN ACT FUNDS
IN THE AMOUNT OF $742,223.00, 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, the Excellerate Foundation submitted an application requesting $742,223.00 in American
Rescue Plan Act funds to provide job training and placement services for lower -income Fayetteville
residents into higher wage, high demand occupations; and
WHEREAS, funds will be applied toward direct educational expenses, which includes tuition, books,
school supplies, and other school related fees, and wraparound support to address barriers that might bar
participants from attending class regularly, which may include transportation, child care, housing
assistance, and mental health resources.
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 the Excellerate Foundation d/b/a Upskill NWA to provide the
amount of $742,223.00 in American Rescue Plan Act funds to provide job training and placement
services for lower -income 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.
Page 1
CivicClerk Item No.: 2022-249
AGENDA REQUEST FORM
FOR: Council Meeting of January 17, 2023
FROM: Council Member Holly Hertzberg
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A
SUBRECIPIENT AGREEMENT WITH EXCELLERATE FOUNDATION
D/B/A UPSKILL NWA TO PROVIDE TRAINING AND PLACEMENT OF
LOWER -INCOME FAMILY MEMBERS INTO HIGHER WAGE
OCCUPATIONS UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN
THE AMOUNT OF $742,223.00 OVER A FIVE YEAR PERIOD, AND TO
APPROVE A BUDGET ADJUSTMENT
APPROVED FOR AGENDA:
�1011 �1�z6
City Council Member
Holly Hertzberg
12/13/2022
Date
a� 12/14/2022
Asst. City Attorne Blake Pennington Date
Approved as to form
RESOLUTION NO.
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT
AGREEMENT WITH EXCELLERATE FOUNDATION D/B/A UPSKILL NWA FOR JOB
TRAINING AND PLACEMENT SERVICES FOR LOWER -INCOME FAYETTEVILLE
RESIDENTS INTO HIGHER WAGE, HIGH DEMAND OCCUPATIONS UTILIZING
AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $742,223.00, 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, the Excellerate Foundation submitted an application requesting $742,223.00 in
American Rescue Plan Act funds to provide job training and placement services for lower -
income Fayetteville residents into higher wage, high demand occupations; and
WHEREAS, funds will be applied toward direct educational expenses, which includes tuition,
books, school supplies, and other school related fees, and wraparound support to address barriers
that might bar participants from attending class regularly, which may include transportation,
child care, housing assistance, and mental health resources.
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 the Excellerate Foundation d/b/a Upskill NWA to
provide the amount of $742,223.00 in American Rescue Plan Act funds to provide job training
and placement services for lower -income 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 17t' day of January, 2023.
APPROVED:
ATTEST:
By: By:
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
CITY OF CITY OF FAYETTEVILLE
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
Requested (whole dollar)
[Minimum $50,000]
$742,223 (over five years)
Applicant/Organization
Name
Excellerate Foundation dba Upskill NWA
Mailing Address
(street, city, zip)
800 Founders Park Dr, Springdale, AR 72762
Organization Website
www.excelleratefoundation.com, www.upskillnwa.com
DUNS Number
046331768
Organization FEIN/SSN
31-1682365
PART 2 APPLICANT CONTACT INFORMATION
Contact for Project
(name & title)
Justin Fletcher, Vice President / Programs, Excellerate Fdn.
Contact Phone Number
479-799-0131
Contact Email
justin.fletcher@excelleratefoundation.com
Signature Authority
(name, title & email address)
Carol Moralez; President/CEO, Upskill NWA;
carol.moralez@upskillnwa.com
PART 3 PROJECT INFORMATION
Project Name
Upskill NWA
Project Address
(street, city, zip)
800 Founders Park Dr, Springdale, AR 72762
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
O Yes O No
member of that person's
immediate family, an
employee or elected official
of the City of Fayetteville
N/A
If Yes, above, please identify
person and position with the
City
Upskill NWA will train and place members of lower -income
households into higher wage, high demand occupations (initially
Project Summary
focusing on healthcare) in order to increase their economic
(brief synopsis of proposed
fortunes while addressing the current and future labor shortages
project)
of the region's most vital sectors. Graduates placed with a
partner employer will have either their annual household income
increase to 80% AMI (approximately $60,000 for a household of
four) or more or their annual individual income will increase by at
least $15,000 and will commit to a least two years of service.
Excellerate has not provided these services previously, but it is
replicating an upskilling model that has been used in several
Describe previous
locations in Texas, Arizona, and Iowa and that has been
experience in providing
successful for decades. The former COO of one of these
similar services
organizations is a key consultant, and the other organizations
themselves have devoted many, many hours and materials to
ensure Upskill NWA is just as successful as they have been.
Programs will typically be
funded for a time period not
Excellerate has already enacted a five year plan with other city
to exceed 12 months from
and county governments in the region, who are confident in our
the signed date of the
abilities. This request to the City of Fayetteville also comprises a
subrecipient agreement.
five year commitment, though any distribution schedule that the
Please describe your
City feels is prudent (such as annually) would work for planning
organization's ability to plan
and utilized requested funds
purposes. All funding requests will be expensed and reimbursed
within that timeframe.
before December 31, 2026 per ARPA regulations.
American Rescue Plan Act
PART 4 PROJECT BENEFICIARIES
Projected number of
Fayetteville beneficiaries
150 (appx. 30/year, though distribution might change)
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
O Yes O No
COVID-19
Does this request respond
to a negative COVID-19
O Yes O No
impact?
If answering Yes to the
N/A
question above, please
describe the COVID-19
impact and how this
proposal will aid in
responding to the impact
Please indicate how the
N/A
proposed project meets
eligibility standards and
requirements described in
the Department of
Treasury's Final Rule for
Coronavirus State and Local
Fiscal Recovery Funds
American Rescue Plan Act
3
PART 4B ENVIRONMENTAL APPLICATIONS ONLY
Please describe the effect of
the proposed environmental
N/A
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 Department of
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
The initial focus will be in paramedical professions, though other
this grant request is intended
high demand industries will join in the future. Pursuant to the U.S.
to serve or benefit. Please
Treasury's "Overview of the Final Rule" document (January
indicate how the proposed
2022, p. 17), we are using 300% and below of the most recently
project meets eligibility
standards and requirements
published federal poverty guidelines for participant eligibility. For
described in the Department
2022, 100% FPL is $13,590 for one person and $4,720 for each
of Treasury's Final Rule for
additional person
htt s://as e.hhs. ov/to ics/ overt economic-mobilit / overt
( p p g p p y- y p y-g
Coronavirus State and Local
Fiscal Recovery Funds.
uidelines).Therefore, our eligibility maximum is $40,770 for one
Does this request respond to
Yes No
a negative COVID-19 impact
Lower -income families have borne much of the economic brunt of
COVID-19, including job loss, layoffs, reduced hours, lost income
due to illness, and unexpected medical expenses for uninsured
If yes, please describe the
or underinsured family members. Additionally, the CEOs of the
COVID-19 impact and how
major health systems in our region have unanimously said that
this proposal will aid in the
the pandemic took a huge, existing workforce gap in the
City's economic recovery
paramedical professions and made it worse. Upskill NWA will
create a new workforce pipeline to fill this gap with local residents
who need financial security, addressing both issues at once.
American Rescue Plan Act
I PART 5 FAYETTEVILLE BUSINESS LICENSE I
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
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.
Carol Moralez, Pres./CEO Upskill NWA, 3/18/22
Name/Title/Date
American Rescue Plan Act
5
PART 7 ORGANIZATION DESCRIPTION Provide a brief description of your organization
and the services offered.
Year of Incorporation
1998
MISSION: We drive systemic change in Northwest Arkansas so
that everyone can thrive.
VISION: An equitable Northwest Arkansas where our differences
Philosophy, Purpose and/or
are sought out and celebrated and we all fully benefit from our
Mission Statement
region's prosperity.
VALUES: Equity, Collaboration, Innovation, Integrity,
Accountability, Stewardship.
Provide a brief description of your organization including information about programs and/or
services other than the proposed project.
Excellerate Foundation has been working to make Northwest Arkansas a better place for all its
residents for nearly 25 years. It has invested more than $115M in Benton, Washington, and
Madison County in that time and is bringing its financial and organizational resources to bear to
ensure the success of Upskill NWA.
Excellerate identifies and addresses the major challenges facing the region. It connects diverse
organizations to each other so that they can achieve more together than they could alone. And it
connects people in our community to the resources they need.
Excellerate invests in the forward -looking ideas and tangible solutions of our ever inventive and
resourceful community. We also step forward to drive lasting change when we see untapped
opportunities through our data -driven insights. We operate at the systems level, standing side by
side with the businesses, municipalities, and institutions that shape our region, developing a
shared vision and a common will to ensure that all may fully benefit from the prosperity of
Northwest Arkansas.
Many organizations collect and utilize data, but they are often at the mercy of data systems that
are fragmented and siloed. This has led to numerous local initiatives being built on only portions
of the story. Excellerate leverages data generated by itself and others that allows it to see and
draw insights from a more complete picture.
American Rescue Plan Act
C.1
PART 7 ORGANIZATION DESCRIPTION continued
It does so by aggregating federal data, such as the Census, all the way down to the data its Hark
division collects from individuals in our region and then cross-referencing it with the anecdotal
information that we hear from the community. We also believe that data should benefit everyone,
so our insights belong to the community, as well.
Excellerate's three strategic pillars of Social Support, Housing, and Education are its guide to the
work it chooses. Within each are initiatives designed to serve our target population: the employed
who are at high risk of instability, also known as ALICE (Asset Limited, Income Constrained,
Employed). More than 70,000 households fall into this category in Northwest Arkansas, and
these people are the underpinning of our community. They work in our hospitals, they process
our food and prepare our meals, they help us shop, they care for and educate our children, and
they keep us safe. And, all the while, they struggle to care for their own families from day to day.
This is why, while Excellerate strives for all people in Northwest Arkansas to thrive, its focus is on
the ALICE population.
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.
TOTAL PROGRAM BUDGET (FIVE YEARS): $12,808,958
Administrative Costs: $2,817,971 across five years
These comprise Upskill NWA staff payroll, marketing, and office operations. Please note that no
Fayetteville FRF dollars will be used towards administration costs.
Year 1: $425,246 Year 2: $532,825 Year 3: $585,110 Year 4: $637,395 Year 5: $637,395
Direct Educational Program Expenses: $4,246,169 across five years
Fayetteville FRF dollars will be applied towards direct educational expenses (i.e. participants'
tuition, books, school supplies, other school related fees, etc.) for Fayetteville residents ONLY.
The amount going to each participant will vary based on their individual circumstances and will be
assessed during the intake process.
Year 1: $421,169 Year 2: $510,000 Year 3: $765,000 Year 4: $1,020,000 Year 5: $1,530,000
Indirect Program Expenses ("Wraparound Support"): $5,744,818 across five years
Fayetteville FRF dollars will be applied towards addressing the barriers that might bar participants'
from attending class on a regular basis and graduating successfully for Fayetteville residents
ONLY. These barriers can include transportation, child care, housing assistance, mental health
resources, and so on. The amount going to each participant will vary based on their individual
circumstances and will be assessed during the intake process.
Year 1: $569,818 Year 2: $690,000 Year 3: $1,035,000 Year 4: $1,380,000 Year 5: $2,070,000
Increased costs throughout the five years is due to increased program capacity that will be
brought about by the creation/expansion of partner employers' facilities, Please note that no
Fayetteville FRF dollars will be used in the creation/expansion of these facilities.
All funding requests will be expensed and reimbursed before December 31, 2026 per ARPA
regulations.
OTHER SOURCES OF FUNDING
Project funding has also been requested from or approved by: Excellerate Foundation, Walton
Family Foundation, Alice L. Walton Foundation, City of Springdale, City of Rogers, City of
Bentonville, Washington County, Benton County, State of Arkansas ARPA Committee, and the
local medical systems.
American Rescue Plan Act
L-3
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.
Based on a proven model that has been successful in Texas for decades, Upskill NWA will
provide assistance with tuition and all academic needs and fees, as well as connecting
participants to or providing for additional wraparound services (e.g. rental assistance, child care,
transportation, etc.) that will allow the participants to attend classes regularly. It will also provide
Career Navigators that will mentor, motivate, and work with each participant to develop "life
skills" (e.g. time management, teamwork, financial literacy, credit counseling) to better their
chances of success.
Partner employers will place Upskill NWA graduates in the jobs they've trained for within three
months of graduation. Graduates commit to taking an appropriate job offered by any of the
partner employers and to stay in that position for at least two years, ensuring that the region gets
the trained, skilled workforce that it so desperately needs.
The partner educational institutions are committed to working together to not only spur the capital
investment needed to significantly increase the amount of medical training facilities available at
multiple campuses, but also to collaborate on ways to work together more closely, leverage each
other's resources, and provide as many of these training opportunities as possible to
lower -income families from across the region. (Note: No Fayetteville dollars will be used on capital
expenses.)
By engaging the for profit and nonprofit healthcare employers, building collaboration between
educational institutions, and unifying support among philanthropic, state, and local government
stakeholders, Northwest Arkansas has a unique opportunity to transform the health, wellbeing,
and prosperity of its people for generations to come.
Upskill NWA strongly aligns with key focus areas of Fayetteville's New Economic Vitality and
Recovery Plan, including workforce development and job -skill training for all and economic equity
and inclusion for populations facing barriers to economic mobility. The training and job placement
that Upskill NWA facilitates clearly meet the former, while targeting participants from
lower -income families, with emphasis on women and racial minorities, meets the latter. The
number of shared goals between Upskill NWA and the City of Fayetteville indicate a unity of
vision and purpose that can only grow stronger through partnership.
American Rescue Plan Act
9
PART 9 PROJECT DESCRIPTION continued
Application Process: Potential applicants complete an inquiry form on UpskiIINWA.com. Once
hitting the applicant queue, one of the Career Navigators or the Director of Services, contacts the
applicant and begins the intake process (see Intake Forms). During this process, the applicant
must successfully enroll at one of the partner educators to show that they are eligible to attend
the school. The applicant also completes an online assessment of personal aptitude for the
program, including evaluation of qualities such as perseverance, dedication, and discipline. Once
applicants complete all this, they begin the interview process, in which they can ask questions
and are also asked additional questions resulting from the information gathered. Those who meet
the standard for the program are invited to join. Those who meet the standard but are interested
in a training program that has already been filled may request to be put on the waiting list. They
will be contacted as openings occur.
Income Verification: Pursuant to the U.S. Treasury's "Overview of the Final Rule" document
(January 2022, p. 17), we are using 300% and below of the most recently published federal
poverty guidelines for participant eligibility. For 2022, 100% FPL is $13,590 for one person and
$4,720 for each additional person
(https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines).Therefore, our
eligibility maximum is $40,770 for one person and $14,160 for each additional person in the
household. Verification will take place during the application process (see Intake Forms).
Long Term Solution for Beneficiaries: By providing job training *and* job placement within three
months of graduation, participants in the program are put on the path to long term advancement
for themselves and self-sufficiency for them and their families.
Furthering of Organizational Philosophy and Purpose: Excellerate has spent years helping to
mitigate the needs of the our target population, but Upskill NWA is the first step it has taken in
directly trying to move people up and out of that population. The success of Upskill NWA could be
among the most systemic impacts the Foundation has ever had.
American Rescue Plan Act
10
PART 10 PROJECT TIMELINE Provide a complete and specific timeline for all activities
related to proposed project.
In accordance with the plan already accepted by other local city and county governments, Upskill
NWA has an five year time line for its rollout, running from 2022 through 2026. This will be a
cyclical process of recruiting eligible applicants, placing them in the programs they choose, and
placing them in the related jobs with our partner employers. During this process, additional
participants will be recruited to the program as the other participants graduate, ensuring that the
workforce pipeline stays full. The timing for this process will vary depending on the length of the
training, which can last from several weeks to four years based on the current roster of training
programs chosen (which are based on employer need, educator capacity, and appropriate
income level of the related job). The average training program will last from two to two -and -a -half
years.
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.
Upskill NWA will leverage all of the core competencies of Excellerate's Hark division, including
the technology platform into which Excellerate has already invested more than $1 M. By making
enhancements to existing technology rather than licensing and training in a less capable, less
modifiable third -party product, Upskill NWA has been able to get up to speed in less time while
being positioned to be more effective over the long term due to the ongoing ability to revise or
add features as needed.
Excellerate previously launched its Hark division in 2017, which was originally intended to spin off
into a separate 501(c)(3) organization before it was brought into the Foundation in 2019. It was
Hark's invaluable, ground level insights into the social service needs of Northwest Arkansas that
led to its merger. Hark has helped thousands of Northwest Arkansas residents connect to vital
community resources and services in those moments "when life happens". Hark builds its clients
detailed, customized, and confidential resource plans based on its comprehensive,
constantly -updated resource map of the region. Hark then follows up to ensure that clients are
able to actually connect to the resources they need. And all of Hark's services are free to the
individuals and families it serves. Hark gives the project a huge boost since the social service
support network that is vital for career navigators to access on behalf of participants is already in
place, as opposed to having to be built over the span of years as the other Project
QUEST/Capital IDEA organization have had to do.
To support these services, Hark uses its extensive data collection and management platform to
track the demographics and connection rate of individual clients while also providing data to the
community on the Hark website that highlights need trends. Upskill NWA will use these
capabilities for demographic data collection and management, as well as case management for
each participant.
Furthermore, Excellerate has had over a year of experience managing Benton County's
distribution of $35M in federal funding through the Emergency Rental Assistance program (ERA1
and ERA2). Excellerate has worked with Benton County staff directly and repeatedly to ensure all
federal funds have been properly used, tracked, and reported upon. Excellerate is completely
confident that it would be able to do the same for any Fiscal Recovery Funds dollars awarded for
Upskill NWA by the City of Fayetteville.
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:
WORKFORCE EXPANSION
• OBJECTIVE 1: At least 75% of participants who have graduated will have been placed with a
partner employer within three months of graduation, as shown by partner employer records.
• OBJECTIVE 2: For participants placed with a partner employer, at least 75% will have
remained (or will be on track to have remained) with that employer for at least two years, as
shown by partner employer records.
EDUCATIONAL SUCCESS
• OBJECTIVE 3: At least 60% of participants will have persisted in the program (i.e. graduate or
be on track to graduate with the targeted degree or credential), as shown by partner educator
records.
INCOME ADVANCEMENT
• OBJECTIVE 4: For participants placed with a partner employer, at least 75% will have either
their annual household income increase to at least 80% AMI (approximately $60,000) or their
annual individual income will increase by at least $15,000, as shown by partner, as shown by
Upskill NWA data and partner employer records.
Furthermore, data on the progress of each graduate will be collected on an ongoing basis to
track the long-term impact of he program. Based on the data collected from the health care
employers and current applications to Upskill NWA, Excellerate projects that Fayetteville
participants will see a $6M increase in income alone over the first five years after graduating
from the program (i.e. an 8:1 return for Fayetteville's -$743K investment).
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.
To stay consistent with the other local city and county governments that have approved 4% of
their FRF funding to the project (or are in the process thereof, see Status of Funding) for the full
five-year plan of Upskill NWA's rollout, Excellerate asks that the City of Fayetteville make a
similar five-year commitment to the project at the full amount requested (4% of its total FRF
funding). We ask that you do not consider this project for partial funding out of fairness to our
other committed partners.
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
ZAccessibility Narrative
ZBoard of Directors
ZBylaws
❑✓ Certificate of Good Standing
ZFinancial Audit (see Application Guide for more information)
ZIntake Forms
ZNon-Profit Status Verification [IRS 501(c)(3) letter, IRS form 990 or 990-EZ, etc.]
�✓ Resumes
❑✓ System Award Management (SAM) registration
❑✓ Status of Funding (if applicable)
�✓ Additional Documentation Checklist (this page)
Additional Information
American Rescue Plan Act
15
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
/Org2 Non -Departmental (800)
2023 (BY)
Requestor: Alderman Holly Hertzberg
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH EXCELLERATE FOUNDATION
D/B/A UPSKILL NWA TO PROVIDE TRAINING AND PLACEMENT OF LOWER -INCOME FAMILY MEMBERS INTO HIGHER WAGE
OCCUPATIONS UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $742,223.00 OVER A FIVE YEAR PERIOD,
AND TO APPROVE A BUDGET ADJUSTMENT.
RESOLUTION/ORDINANCE
COUNCIL DATE: 1/17/2023
ITEM ID#: 2022-249
Kevin Springer
7212912022 2:07 PM
Budget Division Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE: 1/17/2023
CHKD/POSTED:
TOTAL
Account Number
742,223 742,223
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.20221115
Account Name
2246.800.9246-4309.01
- 742,223
20023 2021 RE
Federal Grants - Operational
2246.800.9726-5315.00
742,223 -
20023 2021 EX
Contract Services
1 of ]
Excellerate Foundation Subrecipient Agreement
City of Fayetteville Staff Review Form
2023-0308
Legistar File ID d=t�-tC.HIVED
N/A
Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chantel Darden 2/28/2023 ACCOUNTING & AUDIT(131)
Submitted By Submitted Date Division / Department
Action Recommendation:
Recommend Mayor's signature of approval of a Subrecipient agreement with Excellerate Foundation in the amount
of $742,223.00 to provide funding from the American Rescue Plan Act to fund a subrecipient grant agreement that
will provide job training and placement services for low income Fayetteville residents. Resolution 23-23 passed on
1/17/23 included the funding arrangements and authorized Mayor Jordan to sign the subrecipient agreement.
Account Number
Project Number
Budgeted Rem?
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Does item have a cost? Item Cost
Budget Adjustment Attached? Budget Adjustment
Remaining Budget
Fund
Project Title
VW21007
Purchase Order Number: Previous Ordinance or Resolution Is 23-23
Change Order Number:
Original Contract Number:
Comments:
Approval Date: 03/08/2023
CITY OF
FAYETTEVILLE
ARKANS
ARKANSAS
TO:
Mayor
THRU:
Susan Norton, Chief of Staff
FROM:
Chantel Darden, Grant Administrator
DATE:
February 28, 2023
SUBJECT: Subrecipient Agreement— Excellerate Foundation
STAFF MEMO
RECOMMENDATION:
Recommend Mayor Jordan's signature on the Excellerate Foundation subrecipient agreement.
BACKGROUND:
Resolution 23-23 passed and approved on 1117/23, authorized Mayor Jordan to sign a
subrecipient agreement with Excellerate Foundation to provide job training and placement
services for low income Fayetteville residents utilizing American Rescue Plan Act Funds in the
amount of $742,223.00.
DISCUSSION:
Excellerate Foundation submitted a request for funding under the ARPA program as a
subrecipient, to operate a program to provide job training and placement services for low
income residents of Fayetteville
BUDGET/STAFF IMPACT:
This Excellerate Foundation subrecipient program will be funded with American Rescue Plan
Act funds.
Attachments:
ARPA Subrecipient Contract with Excellerate Foundation and Resolution 23-23 attached at the
end of the subrecipient contract.
Mailing Address:
113 W. Mountain Street www.tayetteville-ar.gov
Fayetteville, AR 72701
CITY OF
FAYETTEVILLE
ARKANS
ARKANSAS
SUBRECIPIENT AGREEMENT for AMERICAN RESCUE PLAN
City of Fayetteville, AR
and
EXCELLERATE FOUNDATION D/B/A UPSKILL NWA
City of Fayetteville Subrecipient# ARPA-0006
This Subrecipient Agreement (Agreement) is entered into and effective on this 8th day of
March 2023, between the City of Fayetteville, hereafter referred to as ('the City) and
Excellerate Foundation d/b/a Upskill NWA (hereinafter referred to as "Upskill NWA" or the
"subrecipient").
WHEREAS, Upskill NWA requested funding to providejob training and placement services for lower -
income Fayetteville residents into higher wage, high demand occupations; 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 Upskill NWA 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; and
WHEREAS, the Final Ruk of the Department of the Treasury maintains the eligibility of using American
Rescue Plan Act funds to promote workforce training centers to facilitate new opportunities for economic
advancement.
NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, the City and
subrecipient agree as follows:
City of Fayetteville, AR and Eacellerate Foundation d/b/a Upskill NWA
City of Fayetteville subrecipient Agreement# ARPA-0006
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1. INFORMATION REQUIRED BY THE UNIFORM GRANT GUIDANCE (UGGI §200.332
a) Subrecipient Name (must match the name associated with its Unique Entity Identifier):
Excellerate Foundation
5111 W JB Hunt Drive Ste 120
Rogers, AR 72758EIN: 31-1682365
b) Subrecipient's Unique Entity Identifier (formerly known as DUNS number): MULDR7BSYDA3
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: $742,223
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
SLFRPNItreasury.gov
Telephone: 202-622-6415
Website: https://home.tmasury.goy/policy-issues/coronavims/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
Pbeckert@favetteville-ar.gov
Telephone: 479-575-8330
Contact Information for the Subrecipient:
Excellerate Foundation
Attn: Justin Fletcher, Vice President/Programs
5111 JB Hunt Drive Ste 120
Rogers, AR 72758
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/7cecfdef62dc42729a3fdcd449bd62bg/view
This Subaward is a program grant and not for Research and Development.
City of Fayetteville, AR and Excellerate Foundation d/b/a Upskill NWA
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g) Indirect Cost Rate: (de minimis cost rate) maximum of 10% of direct costs if indicated in the
budget.
2. AGREEMENT: This Agreement, containsthe 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, Coronavims 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 disburse funds in a subrecipient manner
to another third party without prior written City approval.
4. PERIOD OF PERFORMANCE: This Agreement shall commence on the effective date stated above and
shall expire by July 1st of 2026. 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. TAXES: Subrecipient shall pay all current and applicable local, city, county, state and federal taxes,
licenses and assessments related tothe Scope of Work to be performed by Subrecipient including but
not limited to those payments required by all federal, state and local laws, and any other laws and
Acts under which Subrecipient may be liable.
7. COMPLIANCE WITH APPLICABLE LAWS: Subrecipient shall perform all activities funded by this
Agreement in accordance with all applicable federal, state and local laws, including without limitation
laws which regulate the use of funds allocated under ARPA. The term "federal, state and local laws"
as used in this Agreement shall mean all applicable statutes, rules, regulations, executive orders,
directives or other laws, including all laws as presently in effect and as may be amended or otherwise
altered during the Agreement Term, as well as all such laws which may be enacted or otherwise
become effective during the Agreement Term. The term "federal, state and local laws" shall include,
without limitation:
a. Federal Requirements:
i. Subrecipient agrees to comply with the requirements of section 603 of the ARPA,
regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance
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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 CS FRF 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 fora Federal
award). For 2 CFR Part 200, Subpart D, the following provisions do
not apply to the StFRF program: 2 C.F.R. § 200.308 (revision of budget
or program plan); 2 C.F.R. § 200.3D9 (modifications to period of
performance); C.F.R. § 2D0.305 (b)(8) and (9) (Federal Payment).
b. Universal Identifier and System for Award Management (SAM), 2
C.F.R. Part 25, pursuant to which the award term set forth in
Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
As SAM is scheduled to be phased out, compliance with a successor
government -wide system officially designated by the Office of
Management and Budget (OMB).
c. Reporting Subaward and Executive Compensation Information, 2
C.F.R. Part 170, pursuant to which the award term set forth in
Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
d. OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the
requirement to include a term or condition in all lower tier covered
transactions (contracts and subcontracts described in 2 C.F.R. Part
180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasurys implementing regulation at 31 C.F.R. Part 19.
City of Fayetteville, AR and Excellerate Foundation d/b/a Upskill NWA
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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 subcontractors, sub -recipients, sub -grantees,
successors, transferees, or assignees, shall comply with: Title A ofthe
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 1966 (42
U.S.C. §§ 3601 at 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 2973, 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
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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, Treasurys 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
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regulations regarding confidential information and research standards, as
appropriate, for federally supported projects.
x. Conflicts of Interest. The Subrecipient understands and agrees it must maintain a
conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict
of interest policy is applicable to each activity funded under this award. Subrecipients
must disclose in writing to the City, as appropriate, any potential conflict of interest
affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
b. City and Other City Reouirements (see 4200.332(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 5'h day of January, April, July, and October to the Contact for the City.
Subrecipient shall submit other reports as may be required by the City during the
term of this Agreement.
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,
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.
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.
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v. Relationship of Parties. The parties are independent, and neither party is the agent,
joint venturer, partner, or employer of the other.
A Rebudgeting and Prior Approvals. Subrecipient is permitted to rebudget direct costs,
if necessary, as described in the uniform guidance (§200.308) to better reflect
spending requirements, subject to the City's written approval, and subject to the
federal awarding agency's policy and UGG's that would define requirements for prior
written approval (§200.407) before implementation.
vii. Monitoring Plan and Reporting. The City will monitor the Subrecipient to ensure that
the subaward is used for authorized purposes, in compliance with federal statutes,
regulations, and the terms and conditions of the subaward; and that subaward
performance goals are achieved, as required by §200.332(d). The City will monitor
the Subrecipient and identify any failures in the administration and performance of
the award. The monitoring plan will also serve to identify whether the Subrecipient
needs technical assistance.
In addition to program performance, The City will monitor financial performance as
required by §200.332(d)(1)). Monitoring will be used to document allowable and
unallowable costs, time and effort reporting and travel. Monitoring also will be used
to follow up on findings identified in an earlier monitoring visit, from document
reviews or after an audit to ensure the Subrecipient took corrective action
(6200.332(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
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scheduled reports, audits, unanticipated issues or other adverse circumstances that
may arise. In the event of noncompliance or failure to perform, the City has the
authority to apply remedies, as defined in the uniform guidance (§200.339), including
but not limited to: temporarily withholding payments, disallowances, suspension or
termination of the federal award, suspension of other federal awards received by the
subrecipient, debarment or other remedies including civil and/or criminal penalties,
as appropriate (§200.332(h). The City will also consider whether the monitoring
results of the Subrecipient necessitate adjustments to the its own record (see
§200.332(9)).
ix. Copyright/Intellectual Property. The federal government will possess the entire
copyright, title, and interest in all materials, inventions or deliverables produced as a
result of this subaward, including use of logos, as appropriate. As a general principle,
subject to the rights of the federal government and with respect to any subject,
invention, material, or deliverable in which the City (and subrecipient] retain title
resulting from this subaward, the federal government shall ha.ve a nonexclusive,
nontransferable, irrevocable paid -up license to practice or have practiced for or on
behalf of the United States the subject invention, material or deliverable throughout
the world. The City and Subrecipient will credit the federal award agency on any
materials, inventions or deliverables produced under the federal award and
subaward.
c. Suspension and Debarment. Subrecipient represents that neither it nor any of its principals
has been debarred, suspended or determined ineligible to participate in federal assistance
awards or contracts as defined in regulations implementing Office of Management and
Budget Guidelines on Governmentwide Debarment and Suspension (Non -procurement) in
Executive Order 12549. Subrecipient further agrees that it will notify the City immediately it
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 20O6. Subrecipientagreesto 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;
I. Licenses Certffications, 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.
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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 $742,223
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 Appendix A 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 A 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 party, and
subject to the prior written approval of the City, as appropriate. Any such publicityshall credit
the contributions of each party.
b. Neither party shall use the name,insignia, ortrademark 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. Comoliancewith 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.
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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 forformal 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:
1. Quarterly reports shall be submitted to the City by the 5' day of January, April, July,
and October. 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.
Subrecipient shall also be required to submit additional reports upon request by the
City. Failure to provide the required documentation and information will affect the
funding in this agreement and future requests forfunding.
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:
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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.
The Subrecipient shall retain all records pertinent to program
activities and financial expenditures incurred under this Agreement
for a period of three years after the date of submission of the final
expenditure report under this award (3200.334). 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 (4200.334(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 orotherwise 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 underthis Agreement.
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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 underthis 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 Subrecipient's most recent audited financial
statements, federal Single Audit report, if applicable (including financial statements, schedule
of expenditures of federal awards, schedule of findings and questioned costs, summary of
prior audit findings, and corrective action plan, if applicable), and management letter within
thirty (30) days after execution of this Agreement and thereafter within nine (9) months
following the end of Subrecipient's most recently ended fiscal year.
Closeout (see 200.332(affih 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))
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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)).
a. City Responsibilities. The City shall monitor, evaluate and provide guidance and direction to
Subrecipient in the conduct of Approved Services performed underthis Agreement. The City
has the responsibility to determine whether Subrecipient has spent funds in accordance with
applicable laws, regulations, including the federal audit requirements and agreements and
shall monitor the activities of Subrecipient to ensure that Subrecipient has met such
requirements. The City may require Subrecipient to take corrective action if deficiencies are
found.
b. Subrecipient Responsibilities:
i. Subrecipient shall permit the City to carry out monitoring and evaluation activities,
including any performance measurement system required by applicable law,
regulation, funding sources guidelines or by the terms and conditions of the
applicable Notice of Prime Award, and Subrecipient agrees to ensure, to the greatest
extent possible, the cooperation of its agents, employees and board members in such
monitoring and evaluation efforts. This provision shall survive the expiration or
termination of this Agreement.
ii. Subrecipient shall cooperate fully with any reviews or audits of the activities under
this Agreement by authorized representatives of the City, the U.S. Government
Accountability Office or the Comptroller General of the United States and
Subrecipient agrees to ensure to the extent possible the cooperation of its agents,
employees and board members in any such 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.
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
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and auditing requirements. The City will monitor and audit the Subrecipient to assure the compliance
of project.
15. 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.
16. 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 may be terminated at anytime by either party, upon
giving 30 calendar days written notice to the non -terminating parry. 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 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.
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.
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
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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
$742,223 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 laterthan 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. Employers 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;
and
d. Umbrella or excess liability insurance with a limit of $1,000,000 per occurrence and
$2,000,000 in the aggregate.
All policies (other than workers' compensation and employers liability insurance) providing such
coverage shall name the City as an additional insured with respect to Subrecipient's performance
of services underthis 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 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.
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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 Cityof 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. sec.). Only legally authorized
photocopying costs pursuant to the FOIA may be assessed forthis compliance.
25. 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 R 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
ATTN: Mayor Lioneld Jordan
113 W. Mountain
Fayetteville, AR 72701
SUBRECIPIENT
ATTN: Carol Moralez
President & CEO of Upskill NWA
5111 JB Hunt Drive Ste 120
Rogers, AR 72758
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 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.
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 or waive
its right to exercise any or all other rights and remedies.
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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.
f. 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 FAY917EVILLE, AR
i
B
on Jor yor
Attest:
/ITRt
By: J����yiyoF
Kara Paxton, City Cl k-Treasu er„>;
Date Signed: 03/08/2023 S!z•,q pCD
i .n.•.RKAN`� .!
EXCELLERATE FOUNDATION
d/b/a UPSKILL NWA
c4T.f 9 (Y to &&Z
Carol Moralez, President and
CEO of Upskill NWA
Signed:_2/27/2023
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