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HomeMy WebLinkAbout24-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 24-23 File Number: 2023-280 AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS TO PROVIDE EDUCATION, OUTREACH, AND LEGAL SERVICES TO FAYETTEVILLE RESIDENTS TERMINATED FROM MEDICAID COVERAGE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $92,156.00, 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, Legal Aid of Arkansas submitted an application requesting $92,156.00 in American Rescue Plan Act funds to provide legal services for Fayetteville residents who are terminated from Medicaid coverage following the expiration of the COVID-19 public health emergency period; and WHEREAS, funds will be applied toward education and outreach, free legal advice, and extended legal representation. 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 Legal Aid of Arkansas to provide the amount of $92,156.00 in American Rescue Plan Act funds to provide education and outreach, free legal advice, and extended legal representation to Fayetteville residents who are terminated from Medicaid coverage following the expiration of the Covid-19 public health emergency period. 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: 24-23 File Number.' 2023-280 Page 2 Attest: Kara Paxton, City Cl eTreasurer stir ; FAYlwTrEviI ;-; , �f ref ��� �► r i� ► i� ��t� CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF JANUARY 17, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-280 FROM: Blake Pennington, Assistant City Attorney DATE: SUBJECT: AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS RECOMMENDATION: Council Member Berna is sponsoring a resolution to provide ARPA funds to Legal Aid of Arkansas for education, outreach, legal advice, and legal representation to Fayetteville residents who are terminated from Medicaid coverage following the expiration of the COVID-19 public health emergency period. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: Budget adjustment attached ATTACHMENTS: AGENDA REQUEST FORM - LEGAL AID OF ARKANSAS ARPA FUNDS - CM BERNA - SIGNED, LEGAL AID OF ARKANSAS ARPA FUNDING APPLICATION, LEGAL AID OF ARKANSAS - APPLICATION ATTACHMENTS, 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 #: 2023-280 AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS TO PROVIDE EDUCATION, OUTREACH, AND LEGAL SERVICES TO FAYETTEVILLE RESIDENTS TERMINATED FROM MEDICAID COVERAGE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $92,156.00, 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, Legal Aid of Arkansas submitted an application requesting $92,156.00 in American Rescue Plan Act funds to provide legal services for Fayetteville residents who are terminated from Medicaid coverage following the expiration of the COVID-19 public health emergency period; and WHEREAS, funds will be applied toward education and outreach, free legal advice, and extended legal representation. 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 Legal Aid of Arkansas to provide the amount of $92,156.00 in American Rescue Plan Act funds to provide education and outreach, free legal advice, and extended legal representation to Fayetteville residents who are terminated from Medicaid coverage following the expiration of the Covid-19 public health emergency period. 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.: 2022-280 AGENDA REQUEST FORM FOR: Council Meeting of January 17, 2023 FROM: Council Member Scott Berna ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS TO PROVIDE EDUCATION, OUTREACH, AND LEGAL SERVICES TO FAYETTEVILLE RESIDENTS TERMINATED FROM MEDICAID COVERAGE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $92,156.00, AND TO APPROVE A BUDGET ADJUSTMENT APPROVED FOR AGENDA: Approved by email City Council Member Scott Berna Asst. City Attorney Blake Pennington Approved as to form 1 /4/2023 Date 1 /4/2023 Date 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 $92,156 Requested (whole dollar) [Minimum $25,000] Applicant/Organization Legal Aid of Arkansas Name Mailing Address (street, city, zip) 1200 W. Walnut Street Suite 3101 Rogers, AR 72758 Organization Website www.arlegalaid.org SAM Unique Entity ID 615714628 Number Organization FEIN/SSN 71-0439977 PART 2 APPLICANT CONTACT INFORMATION Contact for Project Valerie Spaink, Development Specialist (name & title) Contact Phone Number 870-972-9224 ext. 4329 Contact Email vspaink@arlegalaid.org Signature Authority Lee Richardson, Executive Director 870-972-9224 ext. 6305 (name, title & email address) Ichardson@arlegalaid.org PART 3 PROJECT INFORMATION Project Name Legal Services for those Experiencing the Mass Medicaid Cutoffs Project Address 1200 Henryetta St, Springdale, AR 72762 (street, city, zip) 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 If Yes, above, please identify n/a person and position with the City Once the public health emergency ends, the state will begin a process of redetermi nations for over 1 million Medicaid Project Summary beneficiaries in the state. This will lead to a massive wave of (brief synopsis of proposed improper terminations for those that rely on Medicaid for reliable project) access to healthcare because of the state's reliance on technology to conduct the redeterminations. The state has obligated its state agency to complete all of these redeterminations within a six month window, which will only serve to exacerbate the problem. This project provides free civil legal services to people experiencing these Medicaid cutoffs. Legal Aid staff attorneys have been representing clients for over 55 years. During that time our Economic Justice workgroup has Describe previous been focused on protecting rights related to public benefit experience in providing programs, special education services, and employment, including similar services the enforcement of laws outlawing discrimination and wage theft. Earlier this year our advocates argued in the 8th Circuit Court of Appeals to ensure home -and -community based services for Medicaid recipients who are elderly or have physical disabilities. Programs will typically be funded for a time period not Legal Aid has decades of experience in managing and to exceed 12 months from monitoring state and federal grants. All grants have been the signed date of the managed without incident and with program goals being met or subrecipient agreement. exceeded. Legal Aid's Executive Director and Fiscal Officer have Please describe your combined experience of more than two decades of grant organization's ability to plan and utilized requested funds administration. We can confidently plan that funds will be within that timeframe. expended within the 12 month time period. American Rescue Plan Act PART 4 PROJECT BENEFICIARIES Projected number of 6,150 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 No COVID-19 Does this request respond to a negative COVID-19 Yes No impact? If answering Yes to the Due to the federal public health emergency (PHE), adverse question above, please Medicaid decisions have been put on hold. Once the PHE describe the COVID-19 impact and how this begins to unwind, these adverse decisions will start again as the proposal will aid in state will be required to redetermine all 1 million Medicaid responding to the impact beneficiaries eligibility. Please see the continued response in attached documents. Please indicate how the Legal Aid of Arkansas is a 501(c)(3) organization who has proposed project meets experienced negative economic impacts resulting from the recent eligibility standards and requirements described in COVID-19 pandemic. Legal Aid has experienced increased the U.S. Department of the costs due to an increased demand of services, and challenges Treasury's Final Rule for covering payroll, rent and other operating costs due to decreased Coronavirus State and Local federal funding available for legal service organizations. 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 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 n/a 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 OYes ONo a negative COVID-19 impact n/a If yes, please describe the COVID-19 impact and how this proposal will aid in the City's economic recovery 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. Lee Richardson, Executive Director April,12 2022 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 1967 The mission of Legal Aid of Arkansas is to champion equal justice for low-income individuals and communities and to remedy the conditions that burden and marginalize them. Philosophy, Purpose and/or Mission Statement Provide a brief description of your organization including information about programs and/or services other than the proposed project. Poverty is perhaps the single most defining factor in an individual's life experience and opportunities. Poverty is the best indicator of whether a person will have good health, live in a safe environment, obtain a good education, and attain employment opportunities. Poverty is often perpetuated by unresolved social and economic problems: domestic violence; substandard housing; improper denial of needed income, nutritional, or health benefits; consumer debt; and lack of access to proper education. These problems often have legal solutions, and access to the justice system can provide many individuals and their families a path out of poverty and toward stability and self-sufficiency. For fifty-five years, Legal Aid of Arkansas has championed equal justice for low-income individuals and communities and worked to remedy the conditions that burden and marginalize them. We carry out this mission by providing civil legal services to low-income Arkansans in 31 counties in North Arkansas, with expanded services statewide through Medical -Legal Partnerships, Beyond Opioids Project, Low -Income Taxpayers Clinic, and Fair Housing Initiatives. Legal Aid employs approximately 45 staff members including 22 licensed attorneys and has a dedicated board of directors comprised of representatives from the client community, leaders from the justice community, law schools, and major law firms. Legal Aid groups its staff into four workgroups, each of which focuses on one substantive area of law: Protection from Domestic Violence, Consumer Protection, Housing, and Economic Justice. American Rescue Plan Act M PART 7 ORGANIZATION DESCRIPTION continued Legal Aid has successfully built and conducted large-scale outreach and litigation programs. One of the most successful of these programs is Legal Aid's network of medical -legal partnerships (MLPs). To combat the fact that low-income Arkansas residents experience some of the poorest health outcomes in the nation, Legal Aid established a MLP program at Arkansas Children's Hospital(ACH) in Little Rock. Over the past year, Legal Aid has screened hundreds of patients for legal issues and provided representation to approximately 146 individuals. Our most recent justice project is the Beyond Opioids project, established in 2020. Beyond Opioids provides free civil legal services to eligible clients impacted by the opioid crisis and other substance use disorders in Arkansas. Beyond Opioids is a consortium of prevention, treatment, and recovery service providers led by the two legal aid programs in Arkansas: Center for Arkansas Legal Services and Legal Aid. In 2021, the Beyond Opioids project assisted 1,007 clients impacted by Opioid/Substance use disorder. Another extremely successful program is our Low Income Taxpayer Clinic, established in 2007. The Low Income Taxpayer Clinic ensures the fairness and integrity of the tax system for taxpayers who are low income or speak English as a second language. They provide representation, resources and education on rights, and they actively advocate and identify issues that may be unjustly facing low-income Arkansans within the IRS tax system. Another large-scale project is the Fair Housing Project which works to eliminate housing discrimination and to ensure equal housing opportunity for all people through education, outreach, public policy initiatives, advocacy, and enforcement. In addition to our walk in office hours, helpline calls and online intakes, Legal Aid's attorney's staff help desks at county courthouses, libraries, and shelters, where they come into contact with hundreds of Arkansans. One example is a help desk at the Washington County Courthouse, where rotating Legal Aid staff spend half of a day each Friday. Over the past year, we have assisted over 400 consumers with legal information, education, and materials at this location. In 2021, across all 31 counties Legal Aid helped 7,427 people, reaching 18,850 household members. Legal aid is critical to providing access to the justice system for thousands of Arkansans who are unable to afford a private attorney. Legal aid intervention can help keep a family intact and in their home, help an individual remain employed or in school and improve health outcomes. These services help meet basic needs like food, shelter, and safety. Legal Aid helps individuals in crisis, address systemic inequities, and revitalizes our communities. 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. Please see this document in attached documents. American Rescue Plan Act M 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. It is said that as many as 16 million low-income Americans, including millions of children, are likely to fall of Medicaid when the public health emergency ends. In Fayetteville alone there are around 6,000 low-income individuals on Medicaid who could be impacted. This means that vulnerable people who survived the pandemic will risk suddenly living without health coverage, many of whom will be incorrectly assessed. For example, Brad Ledgerwood, a Legal Aid client with cerebral palsy started to receive notices telling him he no longer qualifies for Medicaid. Brad has been on Medicaid for more than half his life, allowing him to stay in his home with a caretaker and out of a nursing home. Brad reached out to Legal Aid and was represented by attorney Trevor Hawkins. Trevor was told the notices were due to computerized eligibility systems, which can be error -prone. Trevor was able to ensure Brads continued Medicaid coverage and remove the anxiety of losing life sustaining health care. The project will be divided into two activities. The first, community outreach and education, will begin as soon as the project is funded. This will consist of the creation and distribution of public education materials; utilization of social media for posts and live streams to educate public on the redetermination process; and how best to avoid the pitfalls that most often occur as well as appeal rights should they be improperly terminated. Legal Aid will attend or host public education events, when possible, to share information directly to the community. The second part of the project will begin as soon as the unwinding of the public health emergency begins, likely July or August. Applicants will call our helpline to initiate the intake process. During the intake process, all potential clients are asked a series of questions that determine their income eligibility is at or below the US Treasury LMI thresholds. There, Medicaid beneficiaries living in the Fayetteville area will be identified and prioritized for direct services. Project attorneys will interview and conduct an investigation for each applicant to verify they have a valid claim for Medicaid prior to accepting for extended representation. Upon acceptance for extended representation, the Legal Aid attorney will utilize various advocacy tools available, including contacting the state agency directly, representing the client at administrative appeals, and possibly filing appeals if administrative decisions are adverse to the client. Appeals will be considered where the issues raised have the possibility to address issues that impact the client community at large. Well -entrenched inequitable systems and practices create an uneven playing field for low-income and other vulnerable communities resulting in environments with less access to basic needs and opportunities, the long-term impact of providing access to health care is monumental. This project provides both immediate assistance to clients needing Medicaid service, and provides long-term solutions to clients who would otherwise be left without access to health care. This work is core to Legal Aid's mission and vision of ensuring justice for everyone and elevating the conditions that burden and marginalize low-income communities. American Rescue Plan Act 9 PART 9 PROJECT DESCRIPTION continued American Rescue Plan Act 10 PART 10 PROJECT TIMELINE Provide a complete and specific timeline for all activities related to proposed project. Please see a table in attached documents. 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. Legal Aid of Arkansas uses Legal Server, a robust case management system, for time keeping and grants management, assigning unique funding codes to each grant, and having the ability to generate a wealth of reports to track grant time and activities. Anything that is billable against the grant, Legal Aid tracks and can pull that information into detailed reports. The organization uses fund accounting, Denali accounting software version 10 which is able to track actual expenditures and outlays for all funding sources through separate general ledger account codes. A Board of Directors governs Legal Aid and an active Audit/Finance committee, one member of which is an attorney who is also a CPA, provides specific financial oversight. The committee receives and reviews monthly balance sheets and year to date expense/income reports. Reports are provided to the entire Board of Directors at quarterly meetings. Legal Aid cross checks all funding through Salesforce, a database management system, as well to track actual expenditures and outlays for each grant or subgrant. 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 #: Reach 6,000 Fayetteville residents through education and outreach. Outcome(s): Inform 6,000 Fayetteville residents of the redetermination process, their rights and tools available so they can advocate for themselves. Method of Measurement: Social media analytics, event sign ups and marketing materials shared. Objective #: Provide extended legal representation to 25 Fayetteville residents. Outcome(s): Over 12 months, 25 Fayetteville residents will receive free civil legal representation on their Medicaid case. Method of Measurement: Legal Server Objective #: Provide 125 Fayetteville residents legal advice. Outcome(s): Over 12 months, 125 Fayetteville residents will receive free legal advice on their Medicaid case. Method of Measurement: Legal Server We will measure number of people assisted and impacted, collecting all demographic information associated with each household. More specifically, case outcomes will be captured with various closing and outcome codes. We will capture level of service, whether a case was uncontested, contested, or settled, whether the client prevailed, lost, or obtained a mixed result, the exact nature of the result, and any immediate and longer term economic impact that is measurable as a result of Legal Aid intervention. 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, the project may continue with partial funding and we would take necessary steps to make the project work with partial funding. The most important part of the project would be providing direct services to Medicaid beneficiaries to ensure Fayetteville residents have access to healthcare. This is the highest priority part of the project because it aligns with the majority of our existing work providing legal representation to low-income Arkansans. Without the funding to do outreach and education, we may not be able to reach as many in the community to inform them that they may contact us for assistance. The lower priority part of the project, public outreach, could certainly proceed without funding for the second half of the project. This would still allow us to create resources, flyers, and conduct outreach to inform the community about the impact of the unwinding and inform them of their rights. The concern under partial funding is that this would likely generate a demand for direct services that we could not meet without additional funding. 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.] Resumes (Executive Director and Project Coordinator) P1 System Award Management (SAM) UEI registration 0 Status of Funding (if applicable) Additional Documentation Checklist (this page) Additional Information American Rescue Plan Act 15 Legal Aid of Arkansas Project Budget Personnel Costs Title Description Project Annual Salary w. Fringe Benefits FTE Economic Justice Senior Staff To represent and advocate for Fayetteville .20 Annual Salary: $64,000 x 20% _ Attorney and Project Coordinator clients in wrongful Medicaid termination $12,800 cases. To coordinate community education Employers FICA: $64,000 x 7.65% events. = $4,896 Health Insurance: $433.85/month x 12 months x .20 = $1,041 Dental Insurance: $18.34/month x 12 months x .20 = $44 03(b) Retirement: $64,000 x 5% _ $3,200 Total: $21,981 Economic Justice Associate Staff To represent and advocate for Fayetteville .50 Annual Salary: $57,000 x 50% _ Attorney clients in wrongful Medicaid termination $28,500 cases. To coordinate community education Employers FICA: $57,000 x 7.65% events. $4,360.5 Health Insurance: $433.85/month x 12 months x .50 = $2,603.1 Dental Insurance: $18.34/month x 12 months x .50 = $110.04 03(b) Retirement: $57,000 x 5% _ $2,850 Total: $38,423.64 Communication Specialist To facilitate online educational content to .10 Annual Salary: $45,000 x 10% _ aise awareness about wrongful Medicaid $4,500 terminations, share available resources and Employers FICA: $45,000 x 7.65% explain where to seek services. Assist with $3,442.5 community education events. Health Insurance: $433.85/month x 12 months x .10 = $520.62 Dental Insurance: $18.34/month x 12 months x .10 = $22 03(b) Retirement: $45,000 x 5% _ $2,250 Total: $10,735.12 Intake Specialist To assist in intakes and associated increase .10 Annual Salary: $44,572 x 10% _ in calls related to the project. $4,457.2 Employers FICA: $44,572 x 7.65% = $3,409.8 Health Insurance: $433.85/month x 12 months x .10 = $520.62 Dental Insurance: $18.34/month x 12 months x .10 = $22 03(b) Retirement: $44,572 x 5% _ $2,228.6 Total: $10,638.22 Legal Aid of Arkansas Project Budget Total Personnel $81,777.98 Program Costs Description Cost Travel Meetings/Events For travel to court, outreach events, etc. To $1,500 fund continuing education and training events related to the project. Communication Materials To cover costs of print marketing materials $500 and online advertising of services. Total Program Costs $2,000.00 Administrative Costs escription Cost Administrative Costs Costs to disburse funds, coordinate project, $8,377.80 and handle reporting. egal Aid uses the de minimis rate for indirect costs, which is calculated at 10% o total direct cost. (2 CFR 200.68) Project Total Cost $92,155.78 We are included in a State Fiscal Recovery Funds proposal through the Arkansas Access to Justice Foundation with the Center for Arkansas Legal Services for a statewide Eviction Diversion Program. This project will represent tenants in mediation, evictions, and other housing -stability related cases. This application has been submitted and is currently pending. In addition, we submitted an application for American Rescue Plan Act funds through Benton County for an Eviction Mitigation and Fair Housing Project. This project will help ease the housing insecurity brought about by the COVID-19 pandemic by providing direct legal representation to Benton County residents who are facing eviction or foreclosure. Funding for Legal Aid of Arkansas, Inc., is provided in part by the Legal Services Corporation (LSC), and is restricted in certain activities in all of its legal work - including work that is supported by other funding sources. Please be advised that any contribution may not be used in any manner that is inconsistent with the Legal Services Corporation Act, 42 U.S.C. 2996 et seq. or by Public Law 104-134, which requires that notices of these restrictions be given in full to all funders or programs funded by the Legal Services Corporation. Legal Aid of Arkansas Project Timeline Task/Activity Timeline Respective Staff Announce grant award to respective project staff. Within a week of the Executive Director signed grant agreement. Create online and print communication content to Within the first month of Communication share with Fayetteville residents to help mitigate the the signed grant Specialist/Staff Attorney risk wrongful terminations by informing the agreement. community of the redetermination process, eligibility criteria, and appeal rights. Plan and implement education and outreach sessions During the 12 month Staff Attorney (2), online and at local organizations to educate Medicaid grant period. Communication Specialist recipients about the legal remedies available to them. Provide legal assistance, advice, and extended During the 12 month Staff Attorney (2), Intake representation to project clients. grant period, most likely Specialist o begin in July/August after the end of the PHE. Engage in a continuous feedback loop with project During the 12 month Executive Director, Staff staff to ensure outcomes are being met. Make grant period. Attorney (2), adjustments to strategies as needed. Communication Specialist, Intake Specialist The COVID-19 pandemic upended our world and inflicted enormous suffering on the people Legal Aid is charged to serve. Clients and staff were presented with unique challenges during the pandemic and are now facing the aftermath. Due to the federal public health emergency (PHE), adverse Medicaid decisions have been put on hold. Once the PHE begins to unwind, these adverse decisions will start again as the state will be required to redetermine all 1 million Medicaid beneficiaries' eligibility. While we do not know exactly which month this will begin, it will almost certainly take place in Summer 2022. Due to Arkansas's self-imposed deadline of six months for all determinations, these decisions will be churned out extremely quickly, and there is a danger that the state in doing so fails to follow proper procedures guaranteed by due process rights, including notice and an opportunity to respond and request continuing services prior to the cutoff of benefits. Additionally, while Legal Aid has long represented beneficiaries facing cutoffs or cutbacks to vital Medicaid services, the sheer volume of redeterminations that is expected is sure to exceed current capacity for our attorneys. For example, the Director of DHS has recently indicated that as many as 30% of beneficiaries may be removed from the Medicaid expansion rolls. This would be somewhere around 90,000 beneficiaries facing adverse actions. Thus, as a result of the ending of the PHE after over two years of pauses for COVID-19, both the need for individuals to receive our assistance and our capacity to assist those individuals (due to sheer volume of need) will be severely impacted. With additional resources, we can devote more staff time to these cases to better meet this need. City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number /Org2 Non -Departmental (800) 2023 Requestor: Alderman Scott Berna BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS TO PROVIDE EDUCATION, OUTREACH, AND LEGAL SERVICES TO FAYETTEVILLE RESIDENTS TERMINATED FROM MEDICAID COVERAGE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $92,156.00, AND TO APPROVE A BUDGET ADJUSTMENT COUNCIL DATE: 1/17/2023 ITEM ID#: 2023-280 Nolly Black 71412023 7:55 PlY Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 92,156 92,156 v.202313 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 2246.800.9246-4309.01 - 92,156 20023 2021 RE Federal Grants - Operational 2246.800.9727-5315.00 92,156 - 20023 2021 EX Contract Services 1 of ] Legal Aid of Arkansas Subrecipient Agreement City of Fayetteville Staff Review Form 2023-0224 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Elizabeth Darden 2/9/2023 ACCOUNTING & AUDIT (131) Submitted By Submitted Date Division / Department Action Recommendation: Recommend Mayor's signature of approval of a subrecipient agreement with Legal Aid of Arkansas in the amount of $92,156.00 to provide funding from the American Rescue Plan Act to fund a subrecipient grant agreement that will provide assist to Fayetteville residents with gaining access to affordable health insurance. Resolution 24-23 passed and approved on 1/17/23 includes the funding arrangements and authorized Mayorlordan to sign the subrecipient agreement. Budget Impact: Account Number Project Number Budgeted Item? Current Budget Funds Obligated Current Balance Does item have a cost? Item Cost Budget Adjustment Attached? Budget Adjustment Remaining Budget Fund Project Title W0210527 Purchase Order Number: Previous Ordinance or Resolution p 24-23 Change Order Number: Approval Date: 02/14/2023 Original Contract Number: Comments: CITY OF %F FAYETTEVILLE ARKANSAS TO: Mayor THRU: Susan Norton, Chief of Staff FROM: Elizabeth Darden, Grant Administrator DATE: February 9, 2023 SUBJECT: Subrecipient Agreement— Legal Aid of Arkansas STAFF MEMO RECOMMENDATION: Recommend Mayor Jordan's signature on the Legal Aid of Arkansas subrecipient agreement. BACKGROUND: Resolution 24-23 passed and approved on 1117123, authorized Mayor Jordan to sign a subrecipient agreement with Legal Aid of Arkansas to provide assist to Fayetteville residents with procuring or retaining access to affordable health insurance utilizing American Rescue Plan Act Funds in the amount of $92,156.00. DISCUSSION: The Legal Aid of Arkansas submitted a request for funding under the ARPA program as a subrecipient, to operate a program to provide assist with procuring or retaining access to affordable health insurance to residents of Fayetteville BUDGETISTAFF IMPACT: This Legal Aid of Arkansas subrecipient program will be funded with American Rescue Plan Act funds. Attachments: ARPA Subrecipient Contract with Legal Aid of Arkansas and Resolution 24-23 attached at the end of the subrecipient contract. Mailing Address; 113 W. Mountain Street www.fayetteville-argov Fayetteville, AR 72701 Aft CITY OF FAYETTEVILLE ARKANS ARKANSAS SUBRECIPIENT AGREEMENT for AMERICAN RESCUE PLAN City of Fayetteville, AR and LEGAL AID OF ARKANSAS City of Fayetteville Subrecipient# ARPA-0009 This Subrecipient Agreement (Agreement) is entered into and effective on this 14th day of February . 2023, between the City of Fayetteville, hereafter referred to as ("the City) and Legal Aid of Arkansas (hereinafter referred to as "Legal Aid" orthe "subrecipient"). WHEREAS, Legal Aid of Arkansas requested funding to provide legal services for Fayetteville residents who are terminated from Medicaid coverage following the expiration of the COVID-19 public health emergency; 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 Legal Aid of Arkansas 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 carryout 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 Rule of the Department of the Treasury maintains the eligibility of using American Rescue Plan Act funds to increase access to affordable health insurance and healthcare. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, the City and subrecipient agree as follows: 1. INFORMATION REQUIRED BY THE UNIFORM GRANT GUIDANCE IUGG) 4200.332, a) Subrecipient Name (must match the name associated with its Unique Entity Identifier): Legal Aid of Arkansas 1200 W. Walnut Street, Suite 3101 Rogers, AR 7275E EIN: 71-0439977 City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 1 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS b) Subrecipient's Unique Entity Identifier (formerly known as DUNS number): YJX2LARC7EV8 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: $92,156 e) Name of Federal Awarding Agency and Contact Information: United States Department of Treasury (US Treasury) Attn: State and Local Fiscal Recovery Funds 1500 Pennsylvania Avenue NW, Washington, DC 20220 SLFRP@treasury.gov Telephone: 202-622-6415 Website: https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local- and -tribal - govern ments/state-a nd-loca I-fisca I-recovery-fu nd Contact Information for the City: Paul A. Becker Chief Financial Officer 113 W. Mountain Fayetteville, AR 72701 pbecker@favettevi Ile -a r.goy Telephone: 479-575-8330 Contact Information for the Subrecipient: Legal Aid of Arkansas Attn: Lee Richardson, Human Resources 1200 W. Walnut Street, Suite 3101 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/7cecfdef62dc42729a3fdcd449bd62b8/view This subaward is a program grant and not for Research and Development. g) Indirect Cost Rate: (de minimis cost rate) maximum of 10%of direct costs if indicated in the budget. 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 City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 2 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS b. Appendix R — 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 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 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. TAXES: Subrecipient shall pay all current and applicable local, city, county, state and federal taxes, licenses and assessments related to the Scope of Work to be performed by Subrecipient including but not limited to those payments required by all federal, state and local laws, and any other laws and Acts under which Subrecipient may be liable. 7. COMPLIANCE WITH APPLICABLE LAWS: Subrecipient shall perform all activities funded by this Agreement in accordance with all applicable federal, state and local laws, including without limitation laws which regulate the use of funds allocated under ARPA. The term "federal, state and local laws" as used in this Agreement shall mean all applicable statutes, rules, regulations, executive orders, directives or other laws, including all laws as presently in effect and as may be amended or otherwise altered during the Agreement Term, as well as all such laws which may be enacted or otherwise become effective during the Agreement Term. The term "federal, state and local laws" shall include, without limitation: a. Federal Requirements: i. Subrecipient agrees to comply with the requirements of section 603 of the ARPA, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. The Subrecipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. it. 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. City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreementff ARPA-0009 Page 3 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. The following 2 CFR Part 200 Policy requirements are excluded from coverage under this assistance listing: For 2 CFR Part 200, Subpart C, the following provisions do not apply to the CSLFRF program: 2 C.F.R. § 200.204 (Notices of Funding Opportunities); 2 C.F.R. § 200.205 (Federal awarding agency review of merit of proposal); 2 C.F.R. § 200.210 (Pre -award costs);and 2 C.F.R. § 200.213(Reporting a determination that a non -Federal entity is not qualified for a Federal award). For 2 CFR Part 200, Subpart D, the following provisions do not apply to the SLFRF program: 2 C.F.R. § 200.308 (revision of budget or program plan); 2 C.F.R. § 200.309 (modifications to period of performance); C.F.R. § 200.305 (b)(8) and (9) (Federal Payment). b. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. As SAM is scheduled to be phased out, compliance with a successor government -wide system officially designated by the Office of Management and Budget (OMB). c. Reporting Subaward and Executive Compensation Information, 2C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. d. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. e. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. f. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. g. New Restrictions on Lobbying, 31 C.F.R. Part 21. h. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-46551 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: City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 4 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS a. 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, Title Vill of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et sec.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, ordisability; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasurys 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, 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, City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 5 of 17 Aft CITY OF FAYETTEVILLE ARKANS ARKANSAS 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 crosscutting findings (§200.332(d)(4)). ix. Disclosure of Information. Any confidential or personally identifiable information (Pit) acquired during the course of the subaward shall not be disclosed by the Subrecipient to any person, firm, corporation, association, or other entity for any reason or purpose whatsoever without the prior written consent of the City, either during the term of the Agreement or after termination of the Agreement for any reasons whatsoever. The Subrecipient agrees to abide by applicable federal regulations regarding confidential information and research standards, as appropriate, for federally supported projects. x. Conflicts of Interest. The Subrecipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Subrecipients must disclose in writing to the City, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. b. City and Other City Requirements (see §200.332(a)(31): 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. Maintenance of and Access to Records: a. The Subrecipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreementll ARPA-0009 Page 6 of 17 Aft CITY OF FAYETTEVILLE ARKANS ARKANSAS 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 Subrecipientfor 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. 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 Monthly Reports as provided above. v. Relationship of Parties. The parties are independent, and neither party is the agent, joint venturer, partner, or employer of the other. vi. Rebudgeting and Prior Approvals. Subrecipient is permitted to rebudget direct costs, if necessary, as described in the uniform guidance (§200.308) to better reflect spending requirements, subject to the City's written approval, and subject to the federal awarding agency's policy and UGG's that would define requirements for prior written approval (§200.407) before implementation. vii. Monitoring Plan and Reporting. The City will monitor the Subrecipient to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved, as required by §200.332(d). The City will monitorthe Subrecipient and identify any failures in the administration and performance of the award. The monitoring plan will also serve to identify whetherthe Subrecipient needs technical assistance. In addition to program performance, The City will monitor financial performance as required by §200.332(d)(1)). Monitoring will be used to document allowable and unallowable costs, time and effort reporting and travel. Monitoring also will be used to follow up on findings identified in an earlier monitoring visit, from document reviews or after an audit to ensure the Subrecipient took corrective action (§200.332(d)(2)). As appropriate, the cooperative audit resolution process may be applied. The monitoring plan may include on -site visits, follow-up, document and/or desk reviews, third -party evaluations, City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 7 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS 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(§2D0.332(d)(3)). For reporting, UGG requires that the City and the Subrecipient use OMB approved government -wide standard information collections when providing performance information and data in reports. The books and records of the Subrecipient shall be made available, if needed and upon request, at subrecipient's regular place of business, for audit by personnel authorized by the City or federal government. The Subrecipient books and records must be retained for a period of five (5) years following receipt of final report, understanding no other actions require an extension of the record retention period, such as open audit findings, committed program income, or other reasons, as applicable. viii. Risk Assessments, Specific Conditions and Remedies. The City has conducted a risk assessment as required by §200.332(b) and determined the subrecipient's level of risk as low. Risk assessments may be repeated throughout the project period after scheduled reports, audits, unanticipated issues or other adverse circumstances that may arise. In the event of noncompliance or failure to perform, the City has the authorityto 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 respectto any subject, invention, material, or deliverable in which the City [and subrecipient] retain title resulting from this subaward, the federal government shall ha.ve a nonexclusive, nontransferable, irrevocable paid -up license to practice or have practiced for or on behalf of the United States the subject invention, material or deliverable throughout the world. The City and Subrecipient will credit the federal award agency on any materials, inventions or deliverables produced under the federal award and subaward. c. Suspension and Debarment. Subrecipient represents that neither it nor any of its principals has been debarred, suspended or determined ineligible to participate in federal assistance awards or contracts as defined in regulations implementing Office of Management and Budget Guidelines on Governmentwide Debarment and Suspension (Non -procurement) in Executive Order 12549. Subrecipient further agrees that it will notify the City immediately if it or any of its principals is placed on the list of parties excluded from federal procurement or non -procurement programs available at www.sam.gov.; City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 8 of 17 Aft CITY OF FAYETTEVILLE ARKANS ARKANSAS d. DUNS Number. Subrecipient agrees and acknowledges the City may not grant the Subaward and Subrecipient may not receive the Subaward unless Subrecipient has provided its Data Universal Numbering System ("DUNS") number to the City. The DUNS number is the nine -digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify business entities; e. Federal Funding Accountability and Transparency Act of 2006' Subrecipient agrees to provide the City with all information requested by the City to enable the City to comply with the reporting requirements of the Federal Funding Accountability and Transparency Act of 2006; f. Licenses. Certifications, Permits. Accreditation. Subrecipient shall procure and keep current any license, certification, permit or accreditation required by federal, state or local law and shall submit to the City proof of any licensure, certification, permit or accreditation upon request; and g. Other City Agreements. Subrecipient shall fulfill all other agreements with the City and shall comply with all federal, state and local laws applicable to programs funded by such agreements. 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 $92,156 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 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 parry. 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: City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreementlt ARPA-0009 Page 9 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS a. Compliance with Federal Procurement Laws: The City hereby designates and the Subrecipient hereby agrees to receive funding through the City's ARPA funding and to administer such funding in accordance the United States Treasury Final Rule, 31 CFR Part35, 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 Part200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. Compliance with Other Federal. State and Local Procurement: All contracts for services and procurement for materials shall be carried out in compliance with and all other applicable federal, state, and local rules and regulations, including regulations and policies from the City's Purchasing Division. City of Fayetteville Procurement Thresholds: a. $0-$999: No quotes required b. $1,000 - $2,499; minimum of3 verbal quotes required c. $2,500 - $34,999: minimum of 3 written quotes required d. $35,000 and up: Formal sealed bid / solicitation process Refer to State of Arkansas Procurement laws, City of Fayetteville Purchasing Policies and Ordinances for requirements for formal solicitation processes. c. Records and Reports: The Subrecipient shall, at a minimum, submit the following reports to the City and report as required in Appendix C: I. 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. 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. City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 10 of 17 Aft CITY OF FAYETTEVILLE ARKANS ARKANSAS iv. Access to Records (See §200.332(a)(5)) a. The City, its auditors, and if necessary, the federal agency, will be provided access to the subrecipient's programmatic and financial records (§200.337(a)). b. The Subrecipient will maintain all programmatic and financial records, including but not limited to: i. records providing a full description of each activity undertaken; ii. records demonstrating that each activity undertaken meets the national objectives of the federally- connected program; iii. records required to determine the eligibility of activities; iv. records required to document the acquisition, improvement, use or disposition of real property acquired or improved with the subaward assistance; v. records documenting compliance with federal and local laws; and vi. financial records required by program regulations and the Office of Management and Budget. The Subrecipient shall retain all records pertinent to program activities and financial expenditures incurred under this Agreement for a period of three years after the date of submission of the final expenditure report under this award (§200.334). Notwithstanding the above, if there are litigation, claims, audits, negotiations, written notification from the federal program or cognizant agencies or the City, or other actions that involve any of the records cited and that have started before the expiration of the three year period, then such records must be retained until completion of the actions and resolutions of all issues (§200334(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 City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 11 of 17 Aft CITY OF FAYETTEVILLE ARKANS ARKANSAS to carry out the Scope of Work; (ii) documented by contracts or other evidence of liability consistent with established federal, state and local procurement guidelines; and (III) incurred in accordance with all applicable requirements for the expenditure of funds payable under this Agreement. Improper Payments. Any item of expenditure by Subrecipient under the terms of this Agreement which is found by auditors, investigators, and other authorized representatives of the City, the U.S. Government Accountability Office or the Comptroller General of the United States to be improper, unallowable, in violation of federal or state law or the terms of the Notice of Prime Award or this Agreement, or involving any fraudulent, deceptive, or misleading representations or activities of Subrecipient, shall become Subrecipient's liability, to be paid by Subrecipient from funds other than those provided by City under this Agreement or any other agreements between City and Subrecipient. This provision shall survive the expiration or termination of this Agreement. 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 2996, 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(a)(6)), The City will determine whether all applicable administrative actions and all required work have been completed by the Subrecipient at the end of the period of performance. If the Subrecipient fails to complete the requirements, the federal awarding agency or pass -through will proceed to closeout the award with the information available (§200.344). The pass - through will note if closeout relates to the end of a 12-month period and termination of subaward, or if the closeout relates to the end of a 12-month period and preparation for an upcoming continuation period. 1. 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}). City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 12 of 17 Aft CITY OF FAYETTEVILLE ARKANS ARKANSAS iii. The City must describe requirements for liquidation of financial obligations if the award is ending, or identification of carry-over of funds, it needed, to the next award period (§200.344(b)) iv. The City must include completion of any other required closeout activities, such as submission of deliverables, payments, if any, due to the Subrecipient from the City, attribution to the federal agency and/or copyright or patent rights, and any accounting of real or personal property (§200.344(c) and (f)). v. The Subrecipient must permit the City and auditors to have access to the subrecipient's records and financial statements as necessary for audits and monitoring during the record retention period of three years, or more as appropriate (§200.337(a)). vi. The federal agency and/or City has the right to return to audit the program after close-out at any time during the record retention period and as long as the records are retained, to conduct recovery audits including the recovery of funds, as appropriate (§200.337(c)). 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. 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 and auditing requirements. The City will monitor and audit the Subrecipient to assure the compliance of project. City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 13 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS 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 any time by either party, upon giving 30 calendar days written notice to the non -terminating party. This Agreement shall be automatically terminated in the event that funds under federal award are discontinued by the awarding agency for any reason. Such termination shall take effect upon receipt of written notice to Subrecipient from the City. If there is a need to settle on an early termination, partial payment up to the termination date would be determined by incurrence of allowable Cost, by completion of task, by percent of time completed up to the settlement, or some other method as defined by the City upon review of the subrecipient's records. 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 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 $92,156 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 City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0D)9 Page 14 of 17 Aft CITY OF FAYETTEVILLE ARKANS ARKANSAS 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; d. Professional liability insurance with a limit of no less than $1,000,000 per occurrence and $2,000,000 aggregate; and e. Umbrella liability insurance with a limit of $1,000,000 per occurrence and in the aggregate. All policies (otherthan 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 under this Agreement. Subrecipient shall provide the City with certificates of insurance evidencing such coverage within thirty (30) calendar days after execution of this Agreement, which certificates shall provide that the City shall receive thirty (30) days' advance written notice of any pending cancellation or non -renewal of any of the coverages required by the City pursuant to this Agreement. Insurance coverages that expire before the expiration of the Agreement Term shall be promptly renewed by Subrecipient so that there is no gap in coverage and certificates of insurance evidencing such renewal coverage shall be provided to the City, by a copy provided to the City immediately upon renewal. Subrecipient's failure to maintain insurance in the form and/or amounts required by the 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. 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. City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 25 of 17 CITY OF FAYETTEVILLE ARKANSAS 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. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this 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 if in writing, and if and when sent by certified or registered mail, with postage prepaid, to Citys address or to the Subrecipient's address as listed below. CITY OF FAYETTEVILLE, AR SUBRECIPIENT ATTN: Mayor Lioneld Jordan ATTN: Lee Richardson, Exec. Dir. 113 W. Mountain 1200 W. Walnut St., Suite 3101 Fayetteville, AR 72701 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 parry hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive tts right to exercise any or all other rights and remedies. City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 16 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS 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 Attest: By: 9,pkq N5P5 Date Signed: 02/14/2023 City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 17 of 27 LEGAL AID OF ARKANSAS By: Lee Richardson, Executive Director Signed: February 8, 2023 Legal Aid of Arkansas Subrecipient Agreement Amendment No. 1 Elizabeth Darden Submitted By City of Fayetteville Staff Review Form 2024-0039 Item ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/18/2024 ACCOUNTING & AUDIT (131) Submitted Date Division / Department Action Recommendation: Recommend Mayor's signature of approval on amendment #1 in relation to the Legal Aid of Arkansas subrecipient agreement. Amendment #1 will extend the period of performance to June 30, 2024. Account Number Project Number Budgeted Item? Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Item Cost Is a Budget Adjustment attached? Budget Adjustment Remaining Budget Fund Project Title $ V20221130 Purchase Order Number: Previous Ordinance or Resolution # 24-23 Change Order Number: Original Contract Number: Comments: Approval Date: 01/24/2024 CITY OF FAYETTEVILLE %PF ARKANSAS TO: Mayor THRU: Susan Norton, Chief of Staff FROM: Elizabeth Darden, Grants Administrator DATE: January 18, 2024 STAFF MEMO SUBJECT: Subrecipient Agreement Amendment #1 — Legal Aid of Arkansas RECOMMENDATION: Recommend Mayor Jordan's signature on the Amendment #1 for the Legal Aid of Arkansas subrecipient agreement. BACKGROUND: Resolution 24-23 passed and approved on 1/17/23, authorized Mayor Jordan to sign a subrecipient agreement with Legal Aid of Arkansas to provide education and outreach, legal advice, and legal representation to Fayetteville residents who are terminated from Medicaid coverage following the expiration of the COVID-19 public health emergency period utilizing American Rescue Plan Act Funds in the amount of $92,156.00. DISCUSSION: Legal Aid of Arkansas has requested an amendment to the subrecipient agreement to extend the program to June 30, 2024. BUDGET/STAFF IMPACT: The Legal Aid of Arkansas subrecipient program will be funded with American Rescue Plan Act funds. Attachments: ARPA Subrecipient Contract with Legal Aid of Arkansas and Resolution 24-23 attached at the end of the subrecipient contract. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AMENDMENT #1 TO THE SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS WHEREAS, on February 14, 2023, pursuant to Resolution 24-23, the City of Fayetteville and Legal Aid of Arkansas ("Legal Aid") entered into a subrecipient agreement to provide funds in the amount of $92,156.00 to provide legal services over a period of one year to Fayetteville residents who are terminated from Medicaid coverage following the expiration of the COVID-19 public health emergency period; and WHEREAS, Legal Aid has requested an extension of the Agreement to .tune 30, 2024. NOW, THEREFORE, BE IT KNOWN TO ALL: That the City of Fayetteville, Arkansas and Legal Aid of Arkansas, on this 1-74-k day of +quo r _, 2024, hereby agree that the Subrecipient Agreement dated February 14, 2023, shall be amenled to extend the Period of Performance to Tune 30, 2024, in accordance with the provisions of Section 4 of the Agreement. The parties agree and understand that this Amendment is supplemental to their Agreement of February 14, 2023, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. LEGAL AID OF AR SAS By: le_,o — R RDSO zecutive Director WITNESS: CITY OFi1F'AYETTLVILLE LIONELD JO"AN, Mayor ATTEST: VtI.,y ``�C�••....F �i .w kARA PAXTON, Cit_ Clerk— reasur ; FAYCTTF VlLI CITY OF FAYETTEVILLE ARKANSAS TO: Mayor THRU: Susan Norton, Chief of Staff FROM: Elizabeth Darden, Grant Administrator DATE: February 9, 2023 SUBJECT: Subrecipient Agreement — Legal Aid of Arkansas STAFF MEMO RECOMMENDATION: Recommend Mayor Jordan's signature on the Legal Aid of Arkansas subrecipient agreement. BACKGROUND: Resolution 24-23 passed and approved on 1/17/23, authorized Mayor Jordan to sign a subrecipient agreement with Legal Aid of Arkansas to provide assist to Fayetteville residents with procuring or retaining access to affordable health insurance utilizing American Rescue Plan Act Funds in the amount of $92,156.00. DISCUSSION: The Legal Aid of Arkansas submitted a request for funding under the ARPA program as a subrecipient, to operate a program to provide assist with procuring or retaining access to affordable health insurance to residents of Fayetteville BUDGET/STAFF IMPACT: This Legal Aid of Arkansas subrecipient program will be funded with American Rescue Plan Act funds. Attachments: ARPA Subrecipient Contract with Legal Aid of Arkansas and Resolution 24-23 attached at the end of the subrecipient contract. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 �h CITY OF qw., SUBRECIPIENT AGREEMENT for AMERICAN RESCUE PLAN City of Fayetteville, AR and LEGAL AID OF ARKANSAS City of Fayetteville Subrecipient# ARPA-0009 This Subrecipient Agreement (Agreement) is entered into and effective on this 14th day of February : 2023, between the City of Fayetteville, hereafter referred to as ("the City) and Legal Aid of Arkansas (hereinafter referred to as "Legal Aid" or the "subrecipient"). WHEREAS, Legal Aid of Arkansas requested funding to provide legal services for Fayetteville residents who are terminated from Medicaid coverage following the expiration of the COVID-19 public health emergency; 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 Legal Aid of Arkansas 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 Rule of the Department of the Treasury maintains the eligibility of using American Rescue Plan Act funds to increase access to affordable health insurance and healthcare. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, the City and subrecipient agree as follows: 1. INFORMATION REQUIRED BY THE UNIFORM GRANT GUIDANCE (UGG) §200.332: a) Subrecipient Name (must match the name associated with its Unique Entity Identifier): Legal Aid of Arkansas 1200 W. Walnut Street, Suite 3101 Rogers, AR 72758 EIN: 71-0439977 City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 1 of 17 CITY OF FAYETTEVILLE ARKANSAS b) Subrecipient's Unique Entity Identifier (formerly known as DUNS number): YJX2LARC7EV8 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: $92,156 e) Name of Federal Awarding Agency and Contact Information: United States Department of Treasury (US Treasury) Attn: State and Local Fiscal Recovery Funds 1500 Pennsylvania Avenue NW, Washington, DC 20220 SLFRP@treasury.gov Telephone: 202-622-6415 Website: https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local- and-tribal- governments/state-and-local-fiscal-recovery-fund Contact Information for the City: Paul A. Becker Chief Financial Officer 113 W. Mountain Fayetteville, AR 72701 Pbecker@favetteville-ar.gov Telephone: 479-575-83 30 Contact Information for the Subrecipient: Legal Aid of Arkansas Attn: Lee Richardson, Human Resources 1200 W. Walnut Street, Suite 3101 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/7cecfdef62dc42729a3fdcd449bd62b8/view This subaward is a program grant and not for Research and Development. g) Indirect Cost Rate: (de minimis cost rate) maximum of 10% of direct costs if indicated in the budget. 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 City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 2 of 17 CITY OF FAYETTEVILLE ARKANSAS 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 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 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. TAXES: Subrecipient shall pay all current and applicable local, city, county, state and federal taxes, licenses and assessments related to the Scope of Work to be performed by Subrecipient including but not limited to those payments required by all federal, state and local laws, and any other laws and Acts under which Subrecipient may be liable. 7. COMPLIANCE WITH APPLICABLE LAWS: Subrecipient shall perform all activities funded by this Agreement in accordance with all applicable federal, state and local laws, including without limitation laws which regulate the use of funds allocated under ARPA. The term "federal, state and local laws" as used in this Agreement shall mean all applicable statutes, rules, regulations, executive orders, directives or other laws, including all laws as presently in effect and as may be amended or otherwise altered during the Agreement Term, as well as all such laws which may be enacted or otherwise become effective during the Agreement Term. The term "federal, state and local laws" shall include, without limitation: a. Federal Requirements: Subrecipient agrees to comply with the requirements of section 603 of the ARPA, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. The Subrecipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. ii. Federal regulations applicable to this award include, without limitation, the following: a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 3 of 17 CITY OF FAYETTEVILLE ARKANSAS Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. The following 2 CFR Part 200 Policy requirements are excluded from coverage under this assistance listing: For 2 CFR Part 200, Subpart C, the following provisions do not apply to the CSLFRF program: 2 C.F.R. § 200.204 (Notices of Funding Opportunities); 2 C.F.R. § 200.205 (Federal awarding agency review of merit of proposal); 2 C.F.R. § 200.210 (Pre -award costs);and 2 C.F.R. § 200.213(Reporting a determination that a non -Federal entity is not qualified for a Federal award). For 2 CFR Part 200, Subpart D, the following provisions do not apply to the SLFRF program: 2 C.F.R. § 200.308 (revision of budget or program plan); 2 C.F.R. § 200.309 (modifications to period of performance); C.F.R. § 200.305 (b)(8) and (9) (Federal Payment). b. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. As SAM is scheduled to be phased out, compliance with a successor government -wide system officially designated by the Office of Management and Budget (OMB). 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. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. 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: City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 4 of 17 CITY OF FAYETTEVILLE ARKANSAS a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; Subrecipient and its sub- contractors, sub -recipients, sub -grantees, successors, transferees, or assignees, shall comply with: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) and its applicable federal statutory, regulatory authorities, other pertinent directives, circulars, policy, memoranda, and guidance prohibiting discrimination on the basis of race, color, national origin, age, sex, and disability and give assurance that it will promptly take any measures necessary to ensure such compliance. b. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and e. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. iv. Remedial Actions. In the event of the Subrecipient's noncompliance with section 603 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, the City may impose additional conditions on the receipt of a subsequent payments, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. v. Hatch Act. The Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. vi. False Statements. The Subrecipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 5 of 17 CITY OF FAYETTEVILLE ARKANSAS debarment from participating in federal awards or contracts, and/or any other remedy available by law. vii. Monitoring: The Subrecipient agrees to allow the City and the US Treasury to monitor the subaward in accordance with all applicable statutes, regulations, OMB circulars, and guidelines. The Subrecipient shall allow the City to have oversight of any Subrecipient's spending and monitoring of specific outcomes and benefits attributable to use of subaward funds by Subrecipient. viii. Audits In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, nonfederal entities that expend financial assistance of $750,000 or more in Federal awards will have a single audit conducted for that year. Non-federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. The City is responsible for resolving audit findings specifically related to the subaward and not responsible for resolving cross -cutting findings (§200.332(d)(4)). ix. Disclosure of Information. Any confidential or personally identifiable information (PII) acquired during the course of the subaward shall not be disclosed by the Subrecipient to any person, firm, corporation, association, or other entity for any reason or purpose whatsoever without the prior written consent of the City, either during the term of the Agreement or after termination of the Agreement for any reasons whatsoever. The Subrecipient agrees to abide by applicable federal regulations regarding confidential information and research standards, as appropriate, for federally supported projects. x. Conflicts of Interest. The Subrecipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Subrecipients must disclose in writing to the City, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. b. City and Other City Requirements (see §200.332(a)(3)): i. Reporting: Subrecipient agrees to comply with any reporting obligations established by the City as it relates to this award. Subrecipient shall submit a Monthly Grant Report by the 15th of the month to the Contact for the City. ii. Maintenance of and Access to Records: a. The Subrecipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 6 of 17 CITY OF FAYETTEVILLE ARKANSAS 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 Monthly Reports as provided above. v. Relationship of Parties. The parties are independent, and neither party is the agent, joint venturer, partner, or employer of the other. vi. Rebudgeting and Prior Approvals. Subrecipient is permitted to rebudget direct costs, if necessary, as described in the uniform guidance (§200.308) to better reflect spending requirements, subject to the City's written approval, and subject to the federal awarding agency's policy and UGG's that would define requirements for prior written approval (§200.407) before implementation. vii. Monitoring Plan and Reporting. The City will monitor the Subrecipient to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved, as required by §200.332(d). The City will monitor the Subrecipient and identify any failures in the administration and performance of the award. The monitoring plan will also serve to identify whether the Subrecipient needs technical assistance. In addition to program performance, The City will monitor financial performance as required by §200.332(d)(1)). Monitoring will be used to document allowable and unallowable costs, time and effort reporting and travel. Monitoring also will be used to follow up on findings identified in an earlier monitoring visit, from document reviews or after an audit to ensure the Subrecipient took corrective action (§200.332(d)(2)). As appropriate, the cooperative audit resolution process may be applied. The monitoring plan may include on -site visits, follow-up, document and/or desk reviews, third -party evaluations, City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 7 of 17 CITY OF FAYETTEVILLE ARKANSAS virtual monitoring, technical assistance and informal monitoring such as email and telephone interviews. The City will also issue management decisions for applicable audit findings as required by §200.521 (§200.332(d)(3)). For reporting, UGG requires that the City and the Subrecipient use OMB approved government -wide standard information collections when providing performance information and data in reports. The books and records of the Subrecipient shall be made available, if needed and upon request, at subrecipient's regular place of business, for audit by personnel authorized by the City or federal government. The Subrecipient books and records must be retained for a period of five (5) years following receipt of final report, understanding no other actions require an extension of the record retention period, such as open audit findings, committed program income, or other reasons, as applicable. viii. Risk Assessments, Specific Conditions and Remedies. The City has conducted a risk assessment as required by §200.332(b) and determined the subrecipient's level of risk as low. Risk assessments may be repeated throughout the project period after scheduled reports, audits, unanticipated issues or other adverse circumstances that may arise. In the event of noncompliance or failure to perform, the City has the authority to apply remedies, as defined in the uniform guidance (§200.339), including but not limited to: temporarily withholding payments, disallowances, suspension or termination of the federal award, suspension of other federal awards received by the subrecipient, debarment or other remedies including civil and/or criminal penalties, as appropriate (§200.332(h). The City will also consider whether the monitoring results of the Subrecipient necessitate adjustments to the its own record (see §200.332(9)). ix. Copyright/Intellectual Property. The federal government will possess the entire copyright, title, and interest in all materials, inventions or deliverables produced as a result of this subaward, including use of logos, as appropriate. As a general principle, subject to the rights of the federal government and with respect to any subject, invention, material, or deliverable in which the City [and subrecipient] retain title resulting from this subaward, the federal government shall ha.ve a nonexclusive, nontransferable, irrevocable paid -up license to practice or have practiced for or on behalf of the United States the subject invention, material or deliverable throughout the world. The City and Subrecipient will credit the federal award agency on any materials, inventions or deliverables produced under the federal award and subaward. c. Suspension and Debarment. Subrecipient represents that neither it nor any of its principals has been debarred, suspended or determined ineligible to participate in federal assistance awards or contracts as defined in regulations implementing Office of Management and Budget Guidelines on Governmentwide Debarment and Suspension (Non -procurement) in Executive Order 12549. Subrecipient further agrees that it will notify the City immediately if it or any of its principals is placed on the list of parties excluded from federal procurement or non -procurement programs available at www.sam.gov.; City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 8 of 17 CITY OF FAYETTEVILLE ARKANSAS d. DUNS Number. Subrecipient agrees and acknowledges the City may not grant the Subaward and Subrecipient may not receive the Subaward unless Subrecipient has provided its Data Universal Numbering System ("DUNS") number to the City. The DUNS number is the nine -digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify business entities; e. Federal Funding Accountability and Transparency Act of 2006. Subrecipient agrees to provide the City with all information requested by the City to enable the City to comply with the reporting requirements of the Federal Funding Accountability and Transparency Act of 2006; f. Licenses, Certifications, Permits, Accreditation. Subrecipient shall procure and keep current any license, certification, permit or accreditation required by federal, state or local law and shall submit to the City proof of any licensure, certification, permit or accreditation upon request; and g. Other City Agreements. Subrecipient shall fulfill all other agreements with the City and shall comply with all federal, state and local laws applicable to programs funded by such agreements. 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 $92,156 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 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: City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 9 of 17 CITY OF FAYETTEVILLE ARKANSAS Compliance with Federal Procurement Laws: The City hereby designates and the Subrecipient hereby agrees to receive funding through the City's ARPA funding and to administer such funding in accordance the United States Treasury Final Rule, 31 CFR Part 35, 87 FR 4446, Coronavirus State and Local Fiscal Recovery Funds with this agreement. Compliance with procurement laws shall be inclusive of all appendices within this Agreement. All contracts for services and procurement for materials shall be carried out in compliance with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. Compliance with Other Federal, State and Local Procurement: All contracts for services and procurement for materials shall be carried out in compliance with and all other applicable federal, state, and local rules and regulations, including regulations and policies from the City's Purchasing Division. City of Fayetteville Procurement Thresholds: a. $0 - $999: No quotes required b. $1,000 - $2,499: minimum of 3 verbal quotes required c. $2,500 - $34,999: minimum of 3 written quotes required d. $35,000 and up: Formal sealed bid / solicitation process Refer to State of Arkansas Procurement laws, City of Fayetteville Purchasing Policies and Ordinances for requirements for formal solicitation processes. c. Records and Reports: The Subrecipient shall, at a minimum, submit the following reports to the City and report as required in Appendix C: 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. 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. City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 10 of 17 CITY OF FAYETTEVILLE ARKANSAS iv. Access to Records (See §200.332(a)(5)) a. The City, its auditors, and if necessary, the federal agency, will be provided access to the subrecipient's programmatic and financial records (§200.337(a)). b. The Subrecipient will maintain all programmatic and financial records, including but not limited to: i. records providing a full description of each activity undertaken; ii. records demonstrating that each activity undertaken meets the national objectives of the federally- connected program; iii. records required to determine the eligibility of activities; iv. records required to document the acquisition, improvement, use or disposition of real property acquired or improved with the subaward assistance; v. records documenting compliance with federal and local laws; and vi. financial records required by program regulations and the Office of Management and Budget. c. The Subrecipient shall retain all records pertinent to program activities and financial expenditures incurred under this Agreement for a period of three years after the date of submission of the final expenditure report under this award (§200.334). Notwithstanding the above, if there are litigation, claims, audits, negotiations, written notification from the federal program or cognizant agencies or the City, or other actions that involve any of the records cited and that have started before the expiration of the three year period, then such records must be retained until completion of the actions and resolutions of all issues (§200.334(a)), or the expiration of the three-year period, whichever occurs later. 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 City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 11 of 17 CITY OF FAYETTEVILLE ARKANSAS to carry out the Scope of Work; (ii) documented by contracts or other evidence of liability consistent with established federal, state and local procurement guidelines; and (iii) incurred in accordance with all applicable requirements for the expenditure of funds payable under this Agreement. Improper Payments. Any item of expenditure by Subrecipient under the terms of this Agreement which is found by auditors, investigators, and other authorized representatives of the City, the U.S. Government Accountability Office or the Comptroller General of the United States to be improper, unallowable, in violation of federal or state law or the terms of the Notice of Prime Award or this Agreement, or involving any fraudulent, deceptive, or misleading representations or activities of Subrecipient, shall become Subrecipient's liability, to be paid by Subrecipient from funds other than those provided by City under this Agreement or any other agreements between City and Subrecipient. This provision shall survive the expiration or termination of this Agreement. g. Audited Financial Statements. In any fiscal year in which Subrecipient expends $750,000 or more in federal awards during such fiscal year, including awards received as a subrecipient, Subrecipient must comply with the federal audit requirements contained in 2 CFR § 200, including the preparation of an audit by an independent Certified Public Accountant in accordance with the Single Audit Act Amendments of 1996, 31 U.S.C. 7501-7507, and with Generally Accepted Accounting Principles.' If Subrecipient expends less than $750,000 in federal awards in any fiscal year, it is exempt from federal audit requirements, but its records must be available for review by the City and appropriate officials of the U.S. Government Accountability Office and the Comptroller General of the United States, and it must still have a financial audit performed for that year by an independent Certified Public Accountant. Subrecipient shall provide the City with a copy of Subrecipient's most recent audited financial statements, federal Single Audit report, if applicable (including financial statements, schedule of expenditures of federal awards, schedule of findings and questioned costs, summary of prior audit findings, and corrective action plan, if applicable), and management letter within thirty (30) days after execution of this Agreement and thereafter within nine (9) months following the end of Subrecipient's most recently ended fiscal year. h. Closeout (see 200.332(a)(6)): The City will determine whether all applicable administrative actions and all required work have been completed by the Subrecipient at the end of the period of 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. The City must provide timelines for completion of tasks (see §200.344). 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}). City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 12 of 17 CITY OF FAYETTEVILLE ARKANSAS iii. The City must describe requirements for liquidation of financial obligations if the award is ending, or identification of carry-over of funds, if needed, to the next award period (§200.344(b)) iv. The City must include completion of any other required closeout activities, such as submission of deliverables, payments, if any, due to the Subrecipient from the City, attribution to the federal agency and/or copyright or patent rights, and any accounting of real or personal property (§200.344(c) and (f)). v. The Subrecipient must permit the City and auditors to have access to the subrecipient's records and financial statements as necessary for audits and monitoring during the record retention period of three years, or more as appropriate (§200.337(a)). vi. The federal agency and/or City has the right to return to audit the program after close-out at any time during the record retention period and as long as the records are retained, to conduct recovery audits including the recovery of funds, as appropriate (§200.337(c)). 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. b. Subrecioient 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 and auditing requirements. The City will monitor and audit the Subrecipient to assure the compliance of project. City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 13 of 17 CITY OF FAYETTEVILLE ARKANSAS 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 any time by either party, upon giving 30 calendar days written notice to the non -terminating party. This Agreement shall be automatically terminated in the event that funds under federal award are discontinued by the awarding agency for any reason. Such termination shall take effect upon receipt of written notice to Subrecipient from the City. If there is a need to settle on an early termination, partial payment up to the termination date would be determined by incurrence of allowable cost, by completion of task, by percent of time completed up to the settlement, or some other method as defined by the City upon review of the subrecipient's records. 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. 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 $92,156 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 City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 14 of 17 CITY OF FAYETTEVILLE ARKANSAS 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. 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. Professional liability insurance with a limit of no less than $1,000,000 per occurrence and $2,000,000 aggregate; and e. Umbrella liability insurance with a limit of $1,000,000 per occurrence and in the aggregate. All policies (other than workers' compensation and employer's liability insurance) providing such coverage shall name the City as an additional insured with respect to Subrecipient's performance of services under this Agreement. Subrecipient shall provide the City with certificates of insurance evidencing such coverage within thirty (30) calendar days after execution of this Agreement, which certificates shall provide that the City shall receive thirty (30) days' advance written notice of any pending cancellation or non -renewal of any of the coverages required by the City pursuant to this Agreement. Insurance coverages that expire before the expiration of the Agreement Term shall be promptly renewed by Subrecipient so that there is no gap in coverage and certificates of insurance evidencing such renewal coverage shall be provided to the City, by a copy provided to the City immediately upon renewal. Subrecipient's failure to maintain insurance in the form and/or amounts required by the 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. 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. City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 15 of 17 CITY OF FAYETTEVILLE ARKANSAS 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. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this 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 if in writing, and if and when sent by certified or registered mail, with postage prepaid, to City's address or to the Subrecipient's address as listed below. CITY OF FAYETTEVILLE, AR ATTN: Mayor Lioneld Jordan 113 W. Mountain Fayetteville, AR 72701 SUBRECIPIENT ATTN: Lee Richardson, Exec. Dir. 1200 W. Walnut St., Suite 3101 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. City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 16 of 17 CITY OF FAYETTEVILLE W4W ARKANSAS 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 Lioneld1oroa , ayor Attest: By: LEGAL AID OF ARKANSAS By: Lee Richardson, Executive Director �s,,- G1TYpr.�'�': :Xfil�Date Signed: •FA ' . Date Signed: 02/14/2023 !'����ririii City Treasure City of Fayetteville, AR and Legal Aid of Arkansas City of Fayetteville Subrecipient Agreement# ARPA-0009 Page 17 of 17 February 8, 2023 Appendix A: Scope of Work & Project Allocation ��,, `' CITY OF FAYETTEVILLE ftFAYETTEVILLE 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 $92,156 Requested (whole dollar) Minimum $25,000 Applicant/Organization Legal Aid of Arkansas Name Mailing Address (street, city, zip) 1200 W. Walnut Street Suite 3101 Rogers, AR 72758 Organization Website www.arlegalaid.org SAM Unique Entity ID 615714628 Number Organization FEIN/SSN 71-0439977 PART 2 APPLICANT CONTACTINFORMATION Contact for Project (name & title) Valerie Spaink, Development Specialist Contact Phone Number 870-972-9224 ext. 4329 Contact Email vspaink@arlegalaid.org Signature Authority Lee Richardson, Executive Director 870-972-9224 ext. 6305 (name, title & email address) Ichardson@arlegalaid.org PART 3 PROJECT INFORMATION Project Name Legal Services for those Experiencing the Mass Medicaid Cutoffs Project Address (street, city, zip) 1200 Henryetta St, 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 Yes No member of that person's immediate family, an employee or elected official of the City of Fayetteville If Yes, above, please identify n/a person and position with the City Once the public health emergency ends, the state will begin a process of red eterm i nations for over 1 million Medicaid Project Summary beneficiaries in the state. This will lead to a massive wave of (brief synopsis of proposed improper terminations for those that rely on Medicaid for reliable project) access to healthcare because of the state's reliance on technology to conduct the redeterminations. The state has obligated its state agency to complete all of these redeterminations within a six month window, which will only serve to exacerbate the problem. This project provides free civil legal services to people experiencing these Medicaid cutoffs. Legal Aid staff attorneys have been representing clients for over 55 years. During that time our Economic Justice workgroup has Describe previous been focused on protecting rights related to public benefit experience in providing programs, special education services, and employment, including similar services the enforcement of laws outlawing discrimination and wage theft. Earlier this year our advocates argued in the 8th Circuit Court of Appeals to ensure home -and -community based services for Medicaid recipients who are elderly or have physical disabilities. Programs will typically be funded for a time period not Legal Aid has decades of experience in managing and to exceed 12 months from monitoring state and federal grants. All grants have been the signed date of the managed without incident and with program goals being met or subrecipient agreement. exceeded. Legal Aid's Executive Director and Fiscal Officer have Please describe your combined experience of more than two decades of grant organization's ability to plan and utilized requested funds administration. We can confidently plan that funds will be within that timeframe. expended within the 12 month time period. American Rescue Plan Act PART 4 PROJECT BENEFICIARIES Projected number of 6,150 Fayetteville beneficiaries Because the federal rules vary depending on the type of project for whichfunds 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 Yes ONo Fayetteville Will ALL beneficiaries meet US Treasury Low to Yes No Moderate Income (LMI) Guidelines (please see Application Guide, Exhibit A). Will ALL beneficiaries have been negatively impacted by Yes No COVID-19 Does this request respond to a negative COVID-19 I` Yes O No impact? If answering Yes to the Due to the federal public health emergency (PHE), adverse question above, please Medicaid decisions have been put on hold. Once the PHE describe the COVID-19 impact and how this begins to unwind, these adverse decisions will start again as the proposal will aid in state will be required to redetermine all 1 million Medicaid responding to the impact beneficiaries eligibility. Please see the continued response in attached documents. Please indicate how the Legal Aid of Arkansas is a 501(c)(3) organization who has proposed project meets experienced negative economic impacts resulting from the recent eligibility standards and requirements described in COVID-19 pandemic. Legal Aid has experienced increased the U.S. Department of the costs due to an increased demand of services, and challenges covering payroll, rent and other operating costs due to decreased federal funding available for legal service organizations. Treasury's Final Rule for Coronavirus State and Local Fiscal Recovery Funds American Rescue Plan Act 3 PART 4B ENVIRONMENTAL APPLICATIONSONLY 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 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 n/a 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 UYes ONo a negative COVID-19 impact n/a If yes, please describe the COVID-19 impact and how this proposal will aid in the City's economic recovery American Rescue Plan Act 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. 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. Lee Richardson, Executive Director April,12 2022 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 1967 The mission of Legal Aid of Arkansas is to champion equal justice for low-income individuals and communities and to remedy the conditions that burden and marginalize them. Philosophy, Purpose and/or Mission Statement Provide a brief description of your organization including information about programs and/or services other than the proposed project. Poverty is perhaps the single most defining factor in an individual's life experience and opportunities. Poverty is the best indicator of whether a person will have good health, live in a safe environment, obtain a good education, and attain employment opportunities. Poverty is often perpetuated by unresolved social and economic problems: domestic violence; substandard housing; improper denial of needed income, nutritional, or health benefits; consumer debt; and lack of access to proper education. These problems often have legal solutions, and access to the justice system can provide many individuals and their families a path out of poverty and toward stability and self-sufficiency. For fifty-five years, Legal Aid of Arkansas has championed equal justice for low-income individuals and communities and worked to remedy the conditions that burden and marginalize them. We carry out this mission by providing civil legal services to low-income Arkansans in 31 counties in North Arkansas, with expanded services statewide through Medical -Legal Partnerships, Beyond Opioids Project, Low -Income Taxpayers Clinic, and Fair Housing Initiatives. Legal Aid employs approximately 45 staff members including 22 licensed attorneys and has a dedicated board of directors comprised of representatives from the client community, leaders from the justice community, law schools, and major law firms. Legal Aid groups its staff into four workgroups, each of which focuses on one substantive area of law: Protection from Domestic Violence, Consumer Protection, Housing, and Economic Justice. American Rescue Plan Act I. PART 7 ORGANIZATIONDESCRIPTION continued Legal Aid has successfully built and conducted large-scale outreach and litigation programs. One of the most successful of these programs is Legal Aid's network of medical -legal partnerships (MLPs). To combat the fact that low-income Arkansas residents experience some of the poorest health outcomes in the nation, Legal Aid established a MLP program at Arkansas Children's Hospital(ACH) in Little Rock. Over the past year, Legal Aid has screened hundreds of patients for legal issues and provided representation to approximately 146 individuals. Our most recent justice project is the Beyond Opioids project, established in 2020. Beyond Opioids provides free civil legal services to eligible clients impacted by the opioid crisis and other substance use disorders in Arkansas. Beyond Opioids is a consortium of prevention, treatment, and recovery service providers led by the two legal aid programs in Arkansas: Center for Arkansas Legal Services and Legal Aid. In 2021, the Beyond Opioids project assisted 1,007 clients impacted by Opioid/Substance use disorder. Another extremely successful program is our Low Income Taxpayer Clinic, established in 2007. The Low Income Taxpayer Clinic ensures the fairness and integrity of the tax system for taxpayers who are low income or speak English as a second language. They provide representation, resources and education on rights, and they actively advocate and identify issues that may be unjustly facing low-income Arkansans within the IRS tax system. Another large-scale project is the Fair Housing Project which works to eliminate housing discrimination and to ensure equal housing opportunity for all people through education, outreach, public policy initiatives, advocacy, and enforcement. In addition to our walk in office hours, helpline calls and online intakes, Legal Aid's attorney's staff help desks at county courthouses, libraries, and shelters, where they come into contact with hundreds of Arkansans. One example is a help desk at the Washington County Courthouse, where rotating Legal Aid staff spend half of a day each Friday. Over the past year, we have assisted over 400 consumers with legal information, education, and materials at this location. In 2021, across all 31 counties Legal Aid helped 7,427 people, reaching 18,850 household members. Legal aid is critical to providing access to the justice system for thousands of Arkansans who are unable to afford a private attorney. Legal aid intervention can help keep a family intact and in their home, help an individual remain employed or in school and improve health outcomes. These services help meet basic needs like food, shelter, and safety. Legal Aid helps individuals in crisis, address systemic inequities, and revitalizes our communities. 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 AmericanRescue 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. Please see this document in attached documents. American Rescue Plan Act 8 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. It is said that as many as 16 million low-income Americans, including millions of children, are likely to fall of Medicaid when the public health emergency ends. In Fayetteville alone there are around 6,000 low-income individuals on Medicaid who could be impacted. This means that vulnerable people who survived the pandemic will risk suddenly living without health coverage, many of whom will be incorrectly assessed. For example, Brad Ledgerwood, a Legal Aid client with cerebral palsy started to receive notices telling him he no longer qualifies for Medicaid. Brad has been on Medicaid for more than half his life, allowing him to stay in his home with a caretaker and out of a nursing home. Brad reached out to Legal Aid and was represented by attorney Trevor Hawkins. Trevor was told the notices were due to computerized eligibility systems, which can be error -prone. Trevor was able to ensure Brads continued Medicaid coverage and remove the anxiety of losing life sustaining health care. The project will be divided into two activities. The first, community outreach and education, will begin as soon as the project is funded. This will consist of the creation and distribution of public education materials; utilization of social media for posts and live streams to educate public on the redetermination process; and how best to avoid the pitfalls that most often occur as well as appeal rights should they be improperly terminated. Legal Aid will attend or host public education events, when possible, to share information directly to the community. The second part of the project will begin as soon as the unwinding of the public health emergency begins, likely July or August. Applicants will call our helpline to initiate the intake process. During the intake process, all potential clients are asked a series of questions that determine their income eligibility is at or below the US Treasury LMI thresholds. There, Medicaid beneficiaries living in the Fayetteville area will be identified and prioritized for direct services. Project attorneys will interview and conduct an investigation for each applicant to verify they have a valid claim for Medicaid prior to accepting for extended representation. Upon acceptance for extended representation, the Legal Aid attorney will utilize various advocacy tools available, including contacting the state agency directly, representing the client at administrative appeals, and possibly filing appeals if administrative decisions are adverse to the client. Appeals will be considered where the issues raised have the possibility to address issues that impact the client community at large. Well -entrenched inequitable systems and practices create an uneven playing field for low-income and other vulnerable communities resulting in environments with less access to basic needs and opportunities, the long-term impact of providing access to health care is monumental. This project provides both immediate assistance to clients needing Medicaid service, and provides long-term solutions to clients who would otherwise be left without access to health care. This work is core to Legal Aid's mission and vision of ensuring justice for everyone and elevating the conditions that burden and marginalize low-income communities. American Rescue Plan Act 9 American Rescue Plan Act 10 PART 10'PROJECT TIMELINE Provide a complete and specific timeline for all activities related to proposed project. Please see a table in attached documents. American Rescue Plan Act 11 PART 11 DATA COLLECTION, RECORD MAINTENANCE, AND REPORTINGDescribe 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. Legal Aid of Arkansas uses Legal Server, a robust case management system, for time keeping and grants management, assigning unique funding codes to each grant, and having the ability to generate a wealth of reports to track grant time and activities. Anything that is billable against the grant, Legal Aid tracks and can pull that information into detailed reports. The organization uses fund accounting, Denali accounting software version 10 which is able to track actual expenditures and outlays for all funding sources through separate general ledger account codes. A Board of Directors governs Legal Aid and an active Audit/Finance committee, one member of which is an attorney who is also a CPA, provides specific financial oversight. The committee receives and reviews monthly balance sheets and year to date expense/income reports. Reports are provided to the entire Board of Directors at quarterly meetings. Legal Aid cross checks all funding through Salesforce, a database management system, as well to track actual expenditures and outlays for each grant or subgrant. 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 objectivewill be measured to determine if it has been met. Use the following format Objective #: Outcome(s): Method of Measurement: Objective #: Reach 6,000 Fayetteville residents through education and outreach. Outcome(s): Inform 6,000 Fayetteville residents of the redetermination process, their rights and tools available so they can advocate for themselves. Method of Measurement: Social media analytics, event sign ups and marketing materials shared. Objective #: Provide extended legal representation to 25 Fayetteville residents. Outcome(s): Over 12 months, 25 Fayetteville residents will receive free civil legal representation on their Medicaid case. Method of Measurement: Legal Server Objective #: Provide 125 Fayetteville residents legal advice. Outcome(s): Over 12 months, 125 Fayetteville residents will receive free legal advice on their Medicaid case. Method of Measurement: Legal Server We will measure number of people assisted and impacted, collecting all demographic information associated with each household. More specifically, case outcomes will be captured with various closing and outcome codes. We will capture level of service, whether a case was uncontested, contested, or settled, whether the client prevailed, lost, or obtained a mixed result, the exact nature of the result, and any immediate and longer term economic impact that is measurable as a result of Legal Aid intervention. American Rescue Plan Act 13 Yes, the project may continue with partial funding and we would take necessary steps to make the project work with partial funding. The most important part of the project would be providing direct services to Medicaid beneficiaries to ensure Fayetteville residents have access to healthcare. This is the highest priority part of the project because it aligns with the majority of our existing work providing legal representation to low-income Arkansans. Without the funding to do outreach and education, we may not be able to reach as many in the community to inform them that they may contact us for assistance. The lower priority part of the project, public outreach, could certainly proceed without funding for the second half of the project. This would still allow us to create resources, flyers, and conduct outreach to inform the community about the impact of the unwinding and inform them of their rights. The concern under partial funding is that this would likely generate a demand for direct services that we could not meet without additional funding. American Rescue Plan Act 14 Accessibility Narrative ZBoard 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.] aResumes (Executive Director and Project Coordinator) System Award Management (SAM) UEI registration Status of Funding (if applicable) Additional Documentation Checklist (this page) Additional Information American Rescue Plan Act 15 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 24-23 File Number: 2023-280 AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS TO PROVIDE EDUCATION, OUTREACH, AND LEGAL SERVICES TO FAYETTEVILLE RESIDENTS TERMINATED FROM MEDICAID COVERAGE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $92,156.00, 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, Legal Aid of Arkansas submitted an application requesting $92,156.00 in American Rescue Plan Act funds to provide legal services for Fayetteville residents who are terminated from Medicaid coverage following the expiration of the COVID-19 public health emergency period; and WHEREAS, funds will be applied toward education and outreach, free legal advice, and extended legal representation. 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 Legal Aid of Arkansas to provide the amount of $92,156.00 in American Rescue Plan Act funds to provide education and outreach, free legal advice, and extended legal representation to Fayetteville residents who are terminated from Medicaid coverage following the expiration of the Covid-19 public health emergency period. 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: 24-23 File Number.' 2023-280 Page 2 Attest: Kara Paxton, City Cl . Treasurer 1����tetwilrirre�r�I ; i AYETTEVII-U : • y CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 17, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-280 FROM: Blake Pennington, Assistant City Attorney DATE: SUBJECT: AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS RECOMMENDATION: Council Member Berna is sponsoring a resolution to provide ARPA funds to Legal Aid of Arkansas for education, outreach, legal advice, and legal representation to Fayetteville residents who are terminated from Medicaid coverage following the expiration of the COVID-19 public health emergency period. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: Budget adjustment attached ATTACHMENTS: AGENDA REQUEST FORM - LEGAL AID OF ARKANSAS ARPA FUNDS - CM BERNA - SIGNED, LEGAL AID OF ARKANSAS ARPA FUNDING APPLICATION, LEGAL AID OF ARKANSAS - APPLICATION ATTACHMENTS, 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 4 _ (479) 575-8323 Legislation Text File #: 2023-280 AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS TO PROVIDE EDUCATION, OUTREACH, AND LEGAL SERVICES TO FAYETTEVILLE RESIDENTS TERMINATED FROM MEDICAID COVERAGE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $92,156.00, 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, Legal Aid of Arkansas submitted an application requesting $92,156.00 in American Rescue Plan Act funds to provide legal services for Fayetteville residents who are terminated from Medicaid coverage following the expiration of the COVID-19 public health emergency period; and WHEREAS, funds will be applied toward education and outreach, free legal advice, and extended legal representation. 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 Legal Aid of Arkansas to provide the amount of $92,156.00 in American Rescue Plan Act funds to provide education and outreach, free legal advice, and extended legal representation to Fayetteville residents who are terminated from Medicaid coverage following the expiration of the Covid-19 public health emergency period. 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.: 2022-280 AGENDA REQUEST FORM FOR: Council Meeting of January 17, 2023 FROM: Council Member Scott Berna ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS TO PROVIDE EDUCATION, OUTREACH, AND LEGAL SERVICES TO FAYETTEVILLE RESIDENTS TERMINATED FROM MEDICAID COVERAGE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $92,156.00, AND TO APPROVE A BUDGET ADJUSTMENT APPROVED FOR AGENDA: Approved by email City Council Member Scott Berna 1�q6lle�& 1e�,Ifl Asst. City Attorney Blake Pennington Approved as to form 1 /4/2023 Date 1 /4/2023 Date Legal Aid of Arkansas Project Budget Personnel Costs Title Description Project Annual Salary w. Fringe Benefits FTE Economic Justice Senior Staff To represent and advocate for Fayetteville .20 Annual Salary: $64,000 x 20% _ Attorney and Project Coordinator clients in wrongful Medicaid termination $12,800 cases. To coordinate community education Employers FICA: $64,000 x 7.65% events. $4,896 Health Insurance: $433.85/month x 12 months x .20 = $1,041 Dental Insurance: $18.34/month x 12 months x .20 = $44 03(b) Retirement: $64,000 x 5% _ $3,200 Total: $21,981 Economic Justice Associate Staff To represent and advocate for Fayetteville .50 Annual Salary: $57,000 x 50% _ Attorney clients in wrongful Medicaid termination $28,500 cases. To coordinate community education Employers FICA: $57,000 x 7.65% events. $4,360.5 Health Insurance: $433.85/month x 12 months x .50 = $2,603.1 Dental Insurance: $18.34/month x 12 months x .50 = $110.04 403(b) Retirement: $57,000 x 5% _ $2,850 Total: $38,423.64 Communication Specialist To facilitate online educational content to .10 Annual Salary: $45,000 x 10% _ aise awareness about wrongful Medicaid $4,500 terminations, share available resources and Employers FICA: $45,000 x 7.65% explain where to seek services. Assist with $3,442.5 community education events. Health Insurance: $433.85/month x 12 months x .10 = $520.62 Dental Insurance: $18.34/month x 12 months x .10 = $22 03(b) Retirement: $45,000 x 5% _ $2,250 Total: $10,735.12 Intake Specialist To assist in intakes and associated increase .10 Annual Salary: $44,572 x 10% _ in calls related to the project. $4,457.2 Employers FICA: $44,572 x 7.65% $3,409.8 Health Insurance: $433.85/month x 12 months x .10 = $520.62 Dental Insurance: $18.34/month x 12 months x .10 = $22 03(b) Retirement: $44,572 x 5% _ $2,228.6 Total: $10,638.22 Legal Aid of Arkansas Project Budget Total Personnel $81,777.98 Program Costs Description Cost Travel Meetings/Events For travel to court, outreach events, etc. To $1,500 fund continuing education and training events related to the project. Communication Materials To cover costs of print marketing materials $500 and online advertising of services. Total Program Costs $2,000.00 Administrative Costs Description Cost Administrative Costs Costs to disburse funds, coordinate project, $8,377.80 and handle reporting. Legal Aid uses the de minimis rate for indirect costs, which is calculated at 10% o total direct cost. (2 CFR 200.68) Project Total Cost $92,155.78 We are included in a State Fiscal Recovery Funds proposal through the Arkansas Access to Justice Foundation with the Center for Arkansas Legal Services for a statewide Eviction Diversion Program. This project will represent tenants in mediation, evictions, and other housing -stability related cases. This application has been submitted and is currently pending. In addition, we submitted an application for American Rescue Plan Act funds through Benton County for an Eviction Mitigation and Fair Housing Project. This project will help ease the housing insecurity brought about by the COVID-19 pandemic by providing direct legal representation to Benton County residents who are facing eviction or foreclosure. Funding for Legal Aid of Arkansas, Inc., is provided in part by the Legal Services Corporation (LSC), and is restricted in certain activities in all of its legal work - including work that is supported by other funding sources. Please be advised that any contribution may not be used in any manner that is inconsistent with the Legal Services Corporation Act, 42 U.S.C. 2996 et seq. or by Public Law 104-134, which requires that notices of these restrictions be given in full to all funders or programs funded by the Legal Services Corporation. Legal Aid of Arkansas Project Timeline Task/Activity Timeline Respective Staff Announce grant award to respective project staff. Within a week of the Executive Director signed grant agreement. Create online and print communication content to Within the first month of Communication share with Fayetteville residents to help mitigate the the signed grant Specialist/Staff Attorney risk wrongful terminations by informing the agreement. community of the redetermination process, eligibility criteria, and appeal rights. Plan and implement education and outreach sessions During the 12 month Staff Attorney (2), online and at local organizations to educate Medicaid grant period. Communication Specialist recipients about the legal remedies available to them. Provide legal assistance, advice, and extended During the 12 month Staff Attorney (2), Intake representation to project clients. grant period, most likely Specialist o begin in July/August after the end of the PHE. Engage in a continuous feedback loop with project During the 12 month Executive Director, Staff staff to ensure outcomes are being met. Make grant period. Attorney (2), adjustments to strategies as needed. Communication Specialist, Intake Specialist The COVID-19 pandemic upended our world and inflicted enormous suffering on the people Legal Aid is charged to serve. Clients and staff were presented with unique challenges during the pandemic and are now facing the aftermath. Due to the federal public health emergency (PHE), adverse Medicaid decisions have been put on hold. Once the PHE begins to unwind, these adverse decisions will start again as the state will be required to redetermine all 1 million Medicaid beneficiaries' eligibility. While we do not know exactly which month this will begin, it will almost certainly take place in Summer 2022. Due to Arkansas's self-imposed deadline of six months for all determinations, these decisions will be churned out extremely quickly, and there is a danger that the state in doing so fails to follow proper procedures guaranteed by due process rights, including notice and an opportunity to respond and request continuing services prior to the cutoff of benefits. Additionally, while Legal Aid has long represented beneficiaries facing cutoffs or cutbacks to vital Medicaid services, the sheer volume of redeterminations that is expected is sure to exceed current capacity for our attorneys. For example, the Director of DHS has recently indicated that as many as 30% of beneficiaries may be removed from the Medicaid expansion rolls. This would be somewhere around 90,000 beneficiaries facing adverse actions. Thus, as a result of the ending of the PHE after over two years of pauses for COVID-19, both the need for individuals to receive our assistance and our capacity to assist those individuals (due to sheer volume of need) will be severely impacted. With additional resources, we can devote more staff time to these cases to better meet this need. City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number Non -Departmental (800) /Org2 2023 Requestor: Alderman Scott Berna BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS TO PROVIDE EDUCATION, OUTREACH, AND LEGAL SERVICES TO FAYETTEVILLE RESIDENTS TERMINATED FROM MEDICAID COVERAGE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $92,156.00, AND TO APPROVE A BUDGET ADJUSTMENT RESOLUTION/ORDINANCE COUNCIL DATE: 1/17/2023 ITEM ID#: 2023-280 Holly Black 71,412023 7:55 PM Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL 92,156 92,156 Increase / (Decrease) Account Number Expense Revenue Project.Sub# Project Sub.Detl AT v.202313 Account Name 2246.800.9246-4309.01 - 92,156 20023 2021 RE Federal Grants - Operational 2246.800.9727-5315.00 92,156 - 20023 2021 EX Contract Services 1 of I Legal Aid of Arkansas Subrecipient Agreement - Amendment No. 2 City of Fayetteville Staff Review Form 2024-0272 Item ID ARCHIVED N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Elizabeth Darden 4/26/2024 ACCOUNTING &AUDIT(131) Submitted By Submitted Date Division/Department Action Recommendation: Recommend Mayor's signature of approval on Legal Aid of Arkansas Subrecipient Agreement Amendment#2. The amendment will extend the period of performance to August 31st, 2024. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? Item Cost $Is a Budget Adjustment attached? Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution# 24-23 Change Order Number: Approval Date: 04/29/2024 Original Contract Number: Comments: CITY OF FAYETTEVILLE STAFF MEMO gar ARKANSAS TO: Mayor THRU: Susan Norton, Chief of Staff FROM: Elizabeth Darden. Grants Administrator DATE: April 26th. 2024 SUBJECT: Subrecipient Agreement Amendment# 2— Legal Aid of Arkansas RECOMMENDATION: Recommend Mayor Jordan's signature on the Legal Aid of Arkansas subrecipient agreement Amendment# 2. BACKGROUND: Resolution 24-23 passed and approved on 1/17/23. authorized Mayor Jordan to sign a subrecipient agreement with Legal Aid of Arkansas to provide assistance to Fayetteville residents with procuring or retaining access to affordable health insurance utilizing American Rescue Plan Act Funds in the amount of$92,156.00. DISCUSSION: Legal Aid of Arkansas has submitted a request for an extension of their subrecipient agreement to August 31', 2024. BUDGET/STAFF IMPACT: The subrecipient program will be funded using American Rescue Plan Act funds. Attachments: ARPA Subrecipient Contract Amendment# 1. Amendment# 2 and Resolution 24-23 attached at the end of the subrecipient contract. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AMENDMENT #2 TO THE SUBRECIPIENT AGREEMENT WITH LEGAL AID OF ARKANSAS WHEREAS, on February 14, 2023, pursuant to Resolution 24-23,the City of Fayetteville and Legal Aid of Arkansas("Legal Aid")entered into a subrecipient agreement to provide funds in the amount of$92,156.00 to provide legal services over a period of one year to Fayetteville residents who are terminated from Medicaid coverage following the expiration of the COVID-19 public health emergency period; and WHEREAS,on January 17, 2024,the City and Legal Aid executed Amendment #I which extended the Agreement to June 30,2024;and WHEREAS, Legal Aid has requested another extension to August 31,2024. NOW,THEREFORE,BE IT KNOWN TO ALL: That the City of Fayetteville, Arkansas and Legal Aid of Arkansas, on this 29 day of April , 2024, hereby agree that the Subrecipient Agreement dated February 14, 2023, as amended on January 17,2024,shall be further amended to extend the Period of Performance to August 31,2024, in accordance with the provisions of Section 4 of the Agreement. The parties agree and understand that this Amendment is supplemental to their Agreement, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. LEGAL AID OF ARKANSAS CITY OF AYETTEV LLE By: By: LEE RICHARDSON,Executive Director IONELD JO N. ay or �NuH1q WITNESS: ATTEST: G�00 jYTR�is�' • •7 •' G CF •.G�. �, s-- :c" KARA PAXTON,XT City€erk-Treasur :FAYE7TEVILIE: Ginger Risner, Grants Manager �' • — �-�s.Zic (ANS • ��: .,�i'NG;0N;;p`'