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
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CITY OF
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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
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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
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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.
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City of Fayetteville Subrecipient Agreementff ARPA-0009
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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:
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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,
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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.
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Aft CITY OF
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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
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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.;
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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
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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.
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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
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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}).
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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.
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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
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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.
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City of Fayetteville Subrecipient Agreement# ARPA-0009
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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.
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e. Assistance. The Subrecipient shall, during and after termination of services rendered, upon
reasonable notice, furnish such information and proper assistance to the City as may reasonably be
required by the City in connection with work performed by Subrecipient.
f. Compliance with Law. The Parties mutually represent that throughout the term of this Agreement
their respective performance under this Agreement shall be, and shall remain, in compliance with all
applicable federal, state and local laws and regulations.
CITY OF
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
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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
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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
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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.
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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:
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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,
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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.
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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,
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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.;
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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:
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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.
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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
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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}).
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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.
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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
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WITNESS: ATTEST: G�00 jYTR�is�'
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KARA PAXTON,XT City€erk-Treasur :FAYE7TEVILIE:
Ginger Risner, Grants Manager �' • —
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