HomeMy WebLinkAbout26-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 26-23
File Number: 2023-281
WASHINGTON COUNTY REGIONAL AMBULANCE AUTHORITY SUBRECIPIENT AGREEMENT
AMENDMENT #1:
A RESOLUTION TO APPROVE AMENDMENT #1 TO THE SUBRECIPIENT AGREEMENT WITH THE
WASHINGTON COUNTY REGIONAL AMBULANCE AUTHORITY TO MODIFY THE NUMBER AND TYPES
OF AMBULANCES AUTHORIZED TO BE PURCHASED USING AMERICAN RESCUE PLAN ACT FUNDS
WHEREAS, on November 15, 2022, pursuant to Resolution 269-22, the City of Fayetteville and the Washington
County Regional Ambulance Authority ("WCRAA") entered into a subrecipient agreement to provide funds in the
amount of $757,917.00 for the purchase of 22 power load stretcher systems, 4 new ambulances, 1 remount ambulance,
and premium pay for essential employees; and
WHEREAS, WCRAA notified the City that the lead time for acquiring new ambulances is 24-36 months and, because
WCRAA had already delayed its normal schedule for ambulance replacement due to loss of revenue during the
COVID-19 pandemic, it has fallen behind its normal replacement schedule; and
WHEREAS, WCRAA now proposes to utilize the funds for the purchase of 22 power load stretcher systems, 3 basic
life support (BLS) ambulances, 2 remount ambulances, 2 new ambulances, and premium pay for essential workers.
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 execute
Amendment #1 to the Subrecipient Agreement with the Washington County Regional Ambulance Authority, a copy of
which is attached to this Resolution to approve funding in the amount of $757,917.00 for premium pay for essential
workers and for the purchase of power load stretcher systems and ambulances.
PASSED and APPROVED on February 7, 2023
Approved:' " Attest:
Lioa6ld d dan, or Kara Paxton, City Clerk Treasurer �U �1'AYE1TEVILI_E.�
�rf• .��
Page 1 rrz.,;1,1G -WA ottitiw
CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 7, 2023
TO: Mayor Jordan and City Council
THRU: Brad Hardin, Fire Chief
FROM: Granville Wynn, Financial Analyst - Fire
DATE:
SUBJECT:
RECOMMENDATION:
CITY COUNCIL MEMO
2023-281
To approve the attached Amendment #1 to the previously approved Subrecipient Agreement with the
Washington County Regional Ambulance Authority by substituting the attached "Exhibit A: Amended Scope of
Work and Project Allocation" for Exhibit A attached to the original contract.
BACKGROUND:
On November 15, 2022, pursuant to Resolution 269-22, the City of Fayetteville and the Washington County
Regional Ambulance Authority (WCRAA) entered into a subrecipient agreement to provide funds in the amount
of $757,917 to assist with the purchase of the following items: 22 power load stretcher systems, 4 new
ambulances, 1 ambulance remount, and premium pay for essential workers.
DISCUSSION:
WCRAA notified the City that the lead time for acquiring new ambulances is 24-36 months and, because
WCRAA had already delayed its normal schedule for ambulance replacement due to loss of revenue during
the COVID-19 pandemic, it has fallen behind its normal replacement schedule. WCRAA now proposes to
utilize the American Rescue Plan Act (ARPA) funds for the purchase of 22 power load stretcher systems, 3
new basic life support (BLS) ambulances, 2 remount ambulances, 2 new advance life support (ALS)
ambulances, and premium pay for essential workers.
BUDGET/STAFF IMPACT:
This request will be funded by the previously approved budget adjustment of $757,917.00 per Resolution 269-
22.
ATTACHMENTS: Agenda Packet - Amendment 1 - WCRAA Subrecipient Agreement2
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 #: 2023-281
A RESOLUTION TO APPROVE AMENDMENT #1 TO THE SUBRECIPIENT AGREEMENT WITH
THE WASHINGTON COUNTY REGIONAL AMBULANCE AUTHORITY TO MODIFY THE
NUMBER AND TYPES OF AMBULANCES AUTHORIZED TO BE PURCHASED USING
AMERICAN RESCUE PLAN ACT FUNDS
WHEREAS, on November 15, 2022, pursuant to Resolution 269-22, the City of Fayetteville and the
Washington County Regional Ambulance Authority ("WCRAA") entered into a subrecipient agreement
to provide funds in the amount of $757,917.00 for the purchase of 22 power load stretcher systems, 4
new ambulances, 1 remount ambulance, and premium pay for essential employees; and
WHEREAS, WCRAA notified the City that the lead time for acquiring new ambulances is 24-36
months and, because WCRAA had already delayed its normal schedule for ambulance replacement due
to loss of revenue during the COVID-19 pandemic, it has fallen behind its normal replacement schedule;
and
WHEREAS, WCRAA now proposes to utilize the funds for the purchase of 22 power load stretcher
systems, 3 basic life support (BLS) ambulances, 2 remount ambulances, 2 new ambulances, and
premium pay for essential workers.
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 execute Amendment #1 to the Subrecipient Agreement with the Washington County Regional
Ambulance Authority, a copy of which is attached to this Resolution to approve funding in the amount
of $757,917.00 for premium pay for essential workers and for the purchase of power load stretcher
systems and ambulances.
Page 1
City of Fayetteville Staff Review Form
2023-281
Item ID
2/7/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Brad Hardin 1/4/2023 FIRE (300)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approving amendment #1 to the subrecipient agreement with the Washington County Regional
Ambulance Authority to provide funding from the American Rescue Plan Act to purchase power load stretcher
systems, BLS ambulances, remount ambulances, ALS ambulances, and premium pay for essential workers.
Budget Impact:
2246.800.9717-5705.00
2246-American Rescue Plan Act
Account Number
Fund
20023.2021
American Rescue Plan Grant ARPS-0002
Project Number
Project Title
Budgeted Item? Yes
Total Amended Budget
$ 757,917.00
Expenses (Actual+Encum)
$ -
Available Budget
$ 757,917.00
Does item have a direct cost? Yes
Item Cost
$ 757,917.00
Is a Budget Adjustment attached? No
Budget Adjustment
$ -
Remaining Budget
$ -
V20221130
Purchase Order Number:
Previous Ordinance or Resolution # 269-22
Change Order Number:
Approval Date:
11/15/2022
Original Contract Number:
Comments:
AMENDMENT #1 TO THE SUBRECIPIENT AGREEMENT WITH THE
WASHINGTON COUNTY REGIONAL AMBULANCE AUTHORITY
WHEREAS, on November 15, 2022, pursuant to Resolution 269-22, the City of
Fayetteville and the Washington County Regional Ambulance Authority ("WCRAA") entered
into a subrecipient agreement to provide funds in the amount of $757,917.00 for the purchase of
22 power load stretcher systems, 4 new ambulances, 1 remount ambulance, and premium pay for
essential employees; and
WHEREAS, WCRAA notified the City that the lead time for acquiring new ambulances
is 24-36 months and, because WCRAA had already delayed its normal schedule for ambulance
replacement due to loss of revenue during the COVID-19 pandemic, it has fallen behind its
normal replacement schedule; and
WHEREAS, WCRAA now proposes to utilize the funds for the purchase of 22 power
load stretcher systems, 3 basic life support (BLS) ambulances, 2 remount ambulances, 2 new
ambulances, and premium pay for essential workers.
NOW, THEREFORE, BE IT KNOWN TO ALL:
That the City of Fayetteville, Arkansas and the Washington County Regional Ambulance
Authority, on this --I day of , 2023, hereby agree that the Subrecipient
Agreement dated November 15, 2022, shall be a nded by substituting the attached "Exhibit A:
Amended Scope of Work and Project Allocation" for Exhibit A attached to the original contract.
The parties agree and understand that this Amendment is supplemental to their Agreement
of November 15, 2022, 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.
WASHINGTON COUNTY REGIONAL
AMBULANCE AUTIIORITY
By: �A�— STEVE HARRISON, Chief
CITY OFFAYETTEVILLE
ATTEST:
KARA PAXXTON, Cfty
Washington County Regional Ambulance Authority
645 SOUTH SCHOOL AVENUE. FAYETTEVILLE, ARMNSAS 72701
TELEPHONE479-521-5801
Proposal: American Rescue Plan Funding for acquisition of equipment and supplies in response to the COVID-19
Public Health Emergency:
• 22 power load stretcher systems $ 755,040
• 2 new ALS (Advance Life Support) ambulances $ 484,500
■ 2 remount ambulances $ 301,372
6 3 new BLS (Basic Life Support) ambulances $ 390,000
w Premium pay for essential workers FTE $2500, PTE $1000 $ 280,960
Total $ 2,212,872
Date: January 3, 2023 (updated)
April, 2022 (updated)
January 12, 2022 (updated)
October 12, 2021
Washington County Regional Ambulance Authority (WCRAA) - Central EMS, a special purpose unit of local government,
(FAQ 07,19.21 (1)(1.3)pg. 2), has been the provider of emergency ambulance service for Washington County, Fayetteville
and all other cities except Springdale for over 40 years. Through the years the organization has faced many challenges,
but none have tested WCRAA-Central EMS on all fronts like the COVID-19 Pandemic/Public Health Emergency 2020-
2022. EMS 911 systems across the nation are not only the provider of emergency services but also the public health
provider in communities lacking in COVID-19 mitigation and prevention and adequate behavioral care (Interim Final Rule
Eligible Public Health Uses pgs. 17-20). WCRAA-Central EMS conducted COVID-19 testing and vaccination clinics for all
emergency service personnel and vulnerable communities that lacked transportation and/or means to access COVID-19
resources. EMS systems became the gateway for public healthcare.
As an emergency response agency, all patient encounters must be approached as if COVID-19 related. There are no
means to determine COVID-19 status in the prehospital setting. WCRAA-Central EMS responded to 24,794 calls for
service in 2021 which was 2,342 more than 2020. We saw a 10.43% increase with an average of 68 calls per day.
The purchase of the 22 power load stretcher systems, 2 new ALS ambulances, 2 remount ambulances and 3
new BLS ambulances meets the core goal of the State and Local Fiscal Recovery Funds (SLFRF) "providing state,
local and Tribal governments the resources needed to fight the COVID-19 Pandemic (SLFRF Overview of Final
Rule pg, 14). "
A one-time payment of Premium Pay for essential workers FTE $2500, PTE $1000 before taxes and pro -rated for
employment from March 1, 2021-March 1, 2022. The employees carried the burden of the COVID-19 Pandemic
additional work load successfully through hard work and their commitment to serving the health care needs of their
community. This premium pay would provide our emergency responders comparable compensation that all the other
emergency responders in the region have received from the ARPA funds.
Negative Economic Impact:
COVID-19 has disrupted the delicate balance of revenues and expenses, thus creating gaps in cash flow. Every response
requires COVID-19 level personal protective equipment (PPE) because without the ability to test, each encounter must
be treated as if it were a COVID-19 positive patient until ruled out by testing at the hospital. In 2018, the cost of PPE was
$0.42 compared to $22.48 per call in 2021. Now, more than ever, outside funding is needed to account for the
significant increase in operating costs.
Once the public health emergency was declared in March 2020, call volume, special events and percent of reimbursable
transports decreased temporarily resulting in $1,534,757 loss for the year.
In 2021 as the Delta variant became prevalent, call volume increased by over 10%. Hospital overcrowding resulted from
patients requiring more intensive care and treatment. This forced WCRAA-Central EMS to implement non -reimbursable
Treat in Place protocols for those patients not requiring immediate hospitalization.
The purchase of 22 power load stretcher systems, 2 new ALS ambulances, 2 remount ambulances and 3 new BLS
ambulances will allow WCRAA-Central EMS to enhance healthcare capacity and meet the public health needs (FAQ
07.19.21 (2)(2.1 pg. 4). Not only did WCRAA-Central EMS provide life-saving prehospital care but also became the
instant expert in prehospital PPE, disinfection and the 24/7 field support for the Arkansas Department of Health local
and state health units.
WCRAA-Central EMS respectfully requests the immediate purchase of 22 power load stretcher systems, 4 new
ambulances, 1 remount ambulance and premium pay for essential employees. Supporting the critical infrastructure of
the WCRAA-Central EMS with SLFR funds from the American Rescue Plan Act will aid in the recovery from the workforce,
economic and financial impacts of the COVID-19 Pandemic. Ultimately, supporting long term stability and sustainability
of your local EMS service.
Thank you for your consideration.
Regards,
42�'Y/_ L_
Steve Harrison, Chief
WCRAA —Central EMS
References:
Coronavirus State and Local Fiscal Recovery Funds: Overview of the Final Rule; U.S. Department of Treasury; January
2022.
Coronavirus State and Local Fiscal Recovery Funds: 31 CFR Part 35 RIN 1505-AC77, Department of Treasury; April 1,
2022.
Coronavirus State and Local Fiscal Recovery Funds: SLFRPFAQs Interim Final Rule; Department of Treasury; July 19, 2021.
American Rescue Plan Priority: Supporting Public Health Response
Date: January 3, 2023 (updated)
April, 2022 (updated)
January 12, 2022 (updated)
October 12, 2021
Proposal: To secure American Rescue Plan Funding for acquisition of equipment and supplies in response to the
COVID-19 Public Health Emergency:
1. 22 power load stretcher systems
2. 2 new ALS ambulances
3. 2 remount ambulances
4. 3 new BLS ambulances
5. Premium pay for essential workers FTE $2500, PTE $1000
Goals: Medical Expenses (31 CFR part 35, pg. 19) "...State and local governments may need to
continue to provide care and services to address these near and longer- term needs."
1. 22 power load stretcher systems will:
• Decrease potential injury from repetitive lifting of the stretcher with patient and equipment
during the increasing numbers of life-saving emergency calls and limited staff on scene to
assist with lifting. One in four EMS workers suffer from a career -ending back injury within
the first four years of their employment. (Sanders, Mick J., (2011) Mosby's Paramedic
Textbook: Fourth edition.,p.36)
2. 2 new ALS ambulances will:
+ Replace 2 ambulances to update aging fleet that has responded to an increasing numbers of
high acuity illnesses due to the disruption of the normal health care routines caused by
COVID-19. The normal ambulance replacement schedule was disrupted due the $1,534,757
loss of revenue in 2020.
3. 2 remount ambulances will:
Replace 2 ALS ambulances that were scheduled to be remounted in 2021 and 2022 but had
to be postponed due to the same loss of revenue in 2020.
4. 2 new BLS ambulances will:
+ Replace 2 ALS ambulances that are currently being used for non -emergency transports and
will be able to be once again used for emergency services.
5. Premium pay for essential workers will:
Provide WCRAA-Central EMS employees identified as eligible workers, "needed to maintain
continuity of operations of essential critical infrastructure sectors -Emergency Response."
Premium pay will be paid in a one-time lump sum of $2500 per FTE and $1000 per PTE for
eligible workers participating in COVID-19 service from March 1, 2021 through March 1,
2022. Premium pay will be pro -rated for current employees not employed during the full
time period. Additionally, employees will net approximately $2000 FTE and $750 PTE after
taxes.
Budget:
Description
Cost
Quantity
Total
Power Load stretcher
$ 34,320
22
$ 755,040
New ALS Ambulance
$ 242,250
$ 150,686
2
2
$ 484,500
$ 301,372
Remount Ambulance
New BLS Ambulance
$ 130,000
3
$ 3901000
Premium Pay
FTE $2,500
— - 98
- $ 245,000
PTE $1000
6
$ 6,000
Pro -Rated
24
$ 29,960
Total Cost
$ 2,211,872
208 2012 2024 2021
Total Calls: 21,792 22,267 22,452 24,794
Annual Increase: 2.08% 2.13% 0.83 % 10.43%
Call Volume
MO
2200
2100
2000 ,
1700
16N
15N
7aiwOry FShufry 21urh 2iA Ilf/ lvl MF A.Mt Sfp-b. 0044, N0.<iebf. OKfT61f
M.
Stations and Personnel
The increased call volume brought on by the COVID-19 Pandemic accelerated the immediate need to replace
ambulances and add personnel to maintain response times to emergencies of 8:59 minutes for Fayetteville,
12:59 minutes for small towns and 20:59 minutes for the unincorporated areas of Washington County. The
current employees and fleet have been shouldering the burden of the increased workload resulting in
increased overtime and mechanical costs.
sadiffil Level Location S`lIift
OMIT
T''M
1 ALS
Fay South
12
4
4
2 ALS
Prairie Grove
24
3
3
3 ALS
Lincoln
24
3
3
4 ALS
West Fork
24
3
3
5 ALS
Fay North
12
4
4
6 c(iay si,ili only) BLS
Johnson
12
4
0
7 ALS
Farmington
12
4
4
8 ALS
Fay South
East/Elkins
12
4
4
9 ALS
Fay North
East/Nob Hill
12
4
4
10 ALS
Tontitown
24
3
3
BLS BLS
@ Station 9
8
2
0
BLS BLS
a Station 8
12
8
0
TOTAL
46
32
The above represents EMT and Paramedic FTEs only, does not Include dispatch, support, adminlstrative or leadership staff.
Cost Sharing for Washington County Regional Ambulance Authority (WCRAA)-Central EMS
The below Cost Sharing proposal reflects current per capita percent of total for 2021 subsidy applied to the
total cost of the ARPA SURF request as a one-time contribution for acquisition of 22 power load stretcher
systems, 2 new ALS ambulances, 2 remount ambulances, 3 new BLS ambulances, and premium pay for essential
employees FTE $2500, PTE $1000 in response to the COVID-19 Public Health Emergency.
Each member of the Authority will contribute the same percent of the total request as they contribute in
annual per capita funding. For example: Elkins contributes 1.16% of the total annual per capita subsidy,
therefore their one time contribution to this ARPA SLFRF request is 1.16% of the $2,211,872 total = $25,685.
Central EMS 2021
Subsid
Proposal Cost
Per
Capita
Sharing
Population
City / Count
Rate
2021 Subsidy
3411
Elkins
$ 6.06
$ 18,332
$ 25,685
1.16%
2578
Elm Springs
$ 6.06
$ 15,236
$ 21,347
0.97%
7519
Farmington
$ 6.06
$ 43,365
$ 60,758
2.75%
91539
Fayetteville
$ 6.06
$ 540,951
$ 757,917
34.27%
1844
Goshen
$ 6.06
$ 10,521
$ 14,741
0.67%
1475
Greenland
$ 6.06
$ 9,103
$ 12,754
0.58%
3809
Johnson
$ 6.06
$ 24,012
$ 33,643
1.52%
2624
Lincoln
$ 6.06
$ 15,638
$ 21,910
0.99%
6680
Prairie Grove
$ 6.06
$ 37,115
$ 52,001
2.35%
3545
Tontitown
$ 6.06
$ 20,744
$ 29,064
1.31%
2717
West Fork
$ 6.06
$ 16,038
$ 22,471
1.02%
439
Winslow
$ 6.06
$ 2,649
$ 3,711
0.17%
34514
County Rural **
$ 17.56
$ 824,985
$ 1,155,871
52.26%
162694
TOTAL 1
$ 1,578,689
$ 2,211,872
Washington County Ambulance Authority Subrecipient Agreement
Amendment No. 2
City of Fayetteville Staff Review Form
2024-0206
Item ID ARCHIVED
N/A
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Elizabeth Darden 3/22/2024 ACCOUNTING &AUDIT(131)
Submitted By Submitted Date Division/Department
Action Recommendation:
Recommend Mayor's signature of approval for Washington County Ambulance Authority Subrecipient Agreement-
Amendment#2.The amendment will extend the current subrecipient agreement to December 31, 2025 to allow
more time to complete their purchase of new ambulances.
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# 269-22, 26-23
Change Order Number: Approval Date: 03/26/2024
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE STAFF MEMO
ARKANSAS
TO: Mayor
THRU: Susan Norton. Chief of Staff
FROM: Elizabeth Darden, Grants Administrator
DATE: March 22, 2024
SUBJECT: Subrecipient Agreement Amendment# 2—Washington County Ambulance
Authority
RECOMMENDATION:
Recommend Mayor Jordan's signature on the Washington County Ambulance Authority
subrecipient agreement—Amendment#2.
BACKGROUND:
Resolution 269-22 passed and approved on 11/15/22, authorized Mayor Jordan to sign a
subrecipient agreement with Washington County Ambulance Authority to purchase equipment
utilizing American Rescue Plan Act Funds in the amount of$757,917.00. Resolution 26-23
approved Washington County Ambulance Authority Subrecipient Agreement- Amendment# 1.
The amendment adjusted the equipment that was meant to be purchased. The equipment
meant to be purchased was adjusted to the following: 22 power load stretcher systems, 3 basic
life support (BLS) ambulances, 2 remount ambulances, 2 new ambulances, and premium pay
for essential workers.
DISCUSSION:
Washington County Ambulance Authority has requested an extension to the subrecipient
agreement. Due to delays in production Washington County Ambulance Authority has been
unable to complete their purchase of 2 new ambulances. Amendment# 2 will extend the
subrecipient agreement to December 31, 2025.
BUDGET/STAFF IMPACT:
This Washington County Ambulance Authority subrecipient program will be funded with
American Rescue Plan Act funds.
Attachments:
Washington County Ambulance Authority Subrecipient Contract- Amendment# 2 and
Resolution 269-22 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 THE
WASHINGTON COUNTY REGIONAL AMBULANCE AUTHORITY
WHEREAS, on November 15, 2022, pursuant to Resolution 269-22, the City of
Fayetteville and the Washington County Regional Ambulance Authority("WCRAA")entered
into a subrecipient agreement to provide funds in the amount of$757,917.00 for the purchase of
22 power load stretcher systems,4 new ambulances, 1 remount ambulance, and premium pay for
essential employees; and
WHEREAS, on February 7, 2023, the City Council approved Resolution 26-23
authorizing Mayor Jordan to sign Amendment#1 to the subrecipient agreement to modify the
number and types of ambulances being purchased; and
WHEREAS, WCRAA has notified the City of supplier delays and has requested an
extension of the agreement to December 31, 2025.
NOW,THEREFORE, BE IT KNOWN TO ALL:
That the City of Fayetteville, Arkansas and the Washington County Regional Ambulance
Authority, on this 26 day of March , 2024, hereby agree that the Subrecipient
Agreement dated November 15,2022,as amended on February 7, 2023,shall be further amended
to extend the Period of Performance to December 31, 2025.
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.
WASHINGTON COUNTY REGIONAL CITY OF FAYETTEVILLE
AMBULANCE AUTHORITY
By: CLL.-- By.
STEVE HARRISON,Chief IONELD JO AN, Mayor
WITNESS: ATTEST: ��`��a'*`.I••Rf;4s#�i,
\iff/ -
FAY�T�FVi�t
ARA PAX 0 , City Cler c/Treasurer=v• 4
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 269-22
File Number: 2022-0997
WCRAA SUBRECIPIENT AGREEMENT:
A RESOLUTION TO APPROVE A SUBRECIPIENT AGREEMENT WITH THE
WASHINGTON COUNTY REGIONAL AMBULANCE AUTHORITY TO PROVIDE
FUNDING FROM THE AMERICAN RESCUE PLAN ACT IN THE AMOUNT OF
$757,917.00 FOR PREMIUM PAY FOR ESSENTIAL WORKERS AND THE PURCHASE OF
POWER LOAD STRETCHER SYSTEMS, FOUR NEW AMBULANCES, AND AN
AMBULANCE REMOUNT, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the City was contacted by the Washington County Regional Ambulance Authority to
request a portion of the funds needed to purchase 22 power load stretcher systems, 4 new
ambulances, 1 ambulance remount, and provide premium pay for essential workers; and
WHEREAS, the Washington County Regional Ambulance Authority is asking each city it serves as
well as Washington County to contribute the same percent of the total request as they contribute in
annual per capita funding (based on 2021 data) which, for the City of Fayetteville would be
$757,917.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor
Jordan to execute the Subrecipient Agreement with the Washington County Regional Ambulance
Authority, a copy of which is attached to this Resolution, to provide funding from the American
Rescue Plan Act in the amount of $757,917.00 for premium pay for essential workers and for the
purchase of power load stretcher systems, new ambulances, and an ambulance remount.
Page 1 Printed on 11/16122
Resolution: 269-22
File Number: 2022-0997
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 11/15/2022
Approv d: Attest: ,,�tttxtr�E+�l�'►
V� • a � r
Lioneld Jor an, ayor Kara Paxton, City Clerk Treasures-, F;
�0N� Cd'����v�1
Page 2 Printed on 11/16/22
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0997
Agenda Date: 11/15/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: CA
WCRAA SUBRECIPIENT AGREEMENT:
A RESOLUTION TO APPROVE A SUBRECIPIENT AGREEMENT WITH THE WASHINGTON
COUNTY REGIONAL AMBULANCE AUTHORITY TO PROVIDE FUNDING FROM THE
AMERICAN RESCUE PLAN ACT IN THE AMOUNT OF $757,917.00 FOR PREMIUM PAY FOR
ESSENTIAL WORKERS AND THE PURCHASE OF POWER LOAD STRETCHER SYSTEMS,
FOUR NEW AMBULANCES, AND AN AMBULANCE REMOUNT, AND TO APPROVE A
BUDGET ADJUSTMENT
WHEREAS, the City was contacted by the Washington County Regional Ambulance Authority to request a
portion of the funds needed to purchase 22 power load stretcher systems, 4 new ambulances, 1 ambulance
remount, and provide premium pay for essential workers; and
WHEREAS, the Washington County Regional Ambulance Authority is asking each city it serves as well as
Washington County to contribute the same percent of the total request as they contribute in annual per capita
funding (based on 2021 data) which, for the City of Fayetteville would be $757,917.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to
execute the Subrecipient Agreement with the Washington County Regional Ambulance Authority, a copy of
which is attached to this Resolution, to provide funding from the American Rescue Plan Act in the amount of
$757,917.00 for premium pay for essential workers and for the purchase of power load stretcher systems,
new ambulances, and an ambulance remount.
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.
City of Fayetteville, Arkansas Page 1 Printed on 1111612022
Steve Dotson
Submitted By
City of Fayetteville Staff Review Form
2022-0997
Legistar File ID
11/15/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/24/2022 INTERNAL AUDIT (036)
Submitted Date Division / Department
Action Recommendation:
Approval of a budget adjustment and subrecipient agreement with the Washington County Regional Ambulance
Authority for $757,917.00 to provide funding from the American Rescue Plan Act to purchase power load stretcher
systems, ambulances, an ambulance remount, and premium pay for essential workers.
2246.800.9717-5705.00
Account Number
20023.2021
Project Number
Budgeted Item? No
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
2246-American Rescue Plan Act
Fund
American Rescue Plan Grant ARPA-0002
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ 757,917.00
Budget Adjustment $ 757,917.00
Remaining Budget
V20210527
Previous Ordinance or Resolution #
Approval Date:
CITY OF
MWFAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 15, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Steve Dotson, Internal Auditor
DATE: October 24, 2022
CITY COUNCIL MEMO
SUBJECT: Staff recommends approving a subrecipient agreement with the Washington
County Regional Ambulance Authority to provide funding from the American Rescue Plan Act to
purchase power load stretcher systems, ambulances, an ambulance remount, and premium pay
for essential workers.
RECOMMENDATION:
To approve the attached Subrecipient Agreement with the Washington County Regional
Ambulance Authority and provide funding from the American Rescue Plan Act (ARPA) award
received by the City for the scope of work identified in Appendix A of this resolution.
BACKGROUND:
The City was contacted by the Washington County Regional Ambulance Authority (WCRAA) to
request funds from the City's ARPA award to purchase the following items: 22 power load
stretcher systems, 4 new ambulances, 1 ambulance remount, and premium pay for essential
workers.
DISCUSSION:
This is a cost sharing proposal where the contributions are being solicited from Cities in
Northwest Arkansas (and Washington County) served by the WCRAA. Each participant in this
proposal is being asked to contribute the same percent of the total request as they contribute in
annual per capita funding (based on 2021 data). The total request for the City of Fayetteville
under this cost sharing agreement is $757,917.00.
BUDGET/STAFF IMPACT:
This request will be funded by approval of the attached budget adjustment for $757,917.00
which will be appropriated from the American Rescue Plan local recovery grant received by the
City.
Attachments:
ARPA Subrecipient Contract with the Washington County Regional Ambulance Authority
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
F CITY OF
FA ETTEVILLE
ARKANSAS
SUBRECIPIENT AGREEMENT for AMERICAN RESCUE PLAN
City of Fayetteville, AR
and
WASHINGTON COUNTY REGIONAL AMBULANCE AUTHORITY
City of Fayetteville Subrecipient# ARPA-0002
This Subr cipient Agreement (Agreement) is entered into and effective on this _ )6 day of
' eE_2022 between the City of Fayetteville, hereafter referred to as ("the City) and Washington
County Regional Ambulance Authority (hereinafter referred to as "WCRAA", "Central EMS" or the "subrecipient").
WHEREAS, WCRAA has requested funding for the purchase of 22 power load stretcher systems, 4 new
ambulances, 1 remount ambulance and premium pay for essential employees.
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;
WHEREAS, it shall be hereby disclosed this Agreement shall make WCRAA 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;
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;
NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, the City and
subrecipient agree as follows:
1. INFORMATION R Q[,11RFD BY THE UNIFORM GRANT GUIDANCE (UGG) §200.332:
a) Subrecipient Information
(this information must match the name associated with its Unique Entity Identifier):
Washington County Regional Ambulance Authority
645 S. School Avenue
Fayetteville, AR 72701
E I N: 26-2943469
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 1 of 17
CITY OF
FAYETTEVILLE
b) Subrecipient's Unique Entity Identifier (formerly known as DUNS number):
SAM Unique Entity ID: GWUEDMGU5A53
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: $757,917.00
e) Name of Federal Awarding Agency and Contact Information:
United States Department of Treasury (US Treasury)
Attn: State and Local Fiscal Recovery Funds
1500 Pennsylvania Avenue NW,
Washington, DC 20220
SLFRP@treasury.gov
Telephone: 202-622-6415
Website: https://home.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@fayetteville-ar.gov
Telephone: 479-575-8330
Contact Information for the Subrecipient:
Washington County Regional Ambulance Authority
ATTN: Steve Harrison, Chief
645 S. School Avenue
Fayetteville, AR 72701
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
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 2 of 17
CITY
FAYETTEVILLE
ARKANSAS
between them respecting the subject matter hereof. This Agreement is also composed of the following
appendices:
a. Appendix A —Scope of Work & Project Allocation
b. Appendix B — Department of the Treasury, 31 CFR Part 35, RIN 1505-AC77, Coronavirus State and
Local Fiscal Recovery Funds, Action: Final Rule
c. Appendix C —Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds
3. SUBCONTRACTING: Subrecipient is permitted to sub -contract with third parties to complete the scope of work
identified in this contract. Any sub -contract or sub -sub recipient shall follow all federal, local and state
regulations. Subrecipient shall not be allowed to disperse funds in a subrecipient manner to another third
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:
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 3 of 17
FAYETTEVILLE
JSARKANSAS
a. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such
provisions as Treasury may determine are inapplicable to this Award and
subject to such exceptions as may be otherwise provided by Treasury.
Subpart F — Audit Requirements of the Uniform Guidance, implementing the
Single Audit Act, shall apply to this award. The following 2 CFR Part 200 Policy
requirements are excluded from coverage under this assistance listing: For 2
CFR Part 200, Subpart C, the following provisions do not apply to the CSLFRF
program: 2 C.F.R. § 200.204 (Notices of Funding Opportunities); 2 C.F.R. §
200.205 (Federal awarding agency review of merit of proposal); 2 C.F.R. §
200.210 (Pre -award costs);and 2 C.F.R. § 200.213(Reporting a determination
that a non -Federal entity is not qualified for a Federal award). For 2 CFR Part
200, Subpart D, the following provisions do not apply to the SLFRF program:
2 C.F.R. § 200.308 (revision of budget or program plan); 2 C.F.R. § 200.309
(modifications to period of performance); C.F.R. § 200.305 (b)(8) and (9)
(Federal Payment).
b. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part
25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
25 is hereby incorporated by reference. As SAM is scheduled to be phased
out, compliance with a successor government -wide system officially
designated by the Office of Management and Budget (OMB).
c. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part
170, pursuant to which the award term set forth in Appendix A to 2 C.F.R.
Part 170 is hereby incorporated by reference.
d. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a
term or condition in all lower tier covered transactions (contracts and
subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is
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. Govern mentwide 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.
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 4 of 17
CITY OF
FAYETTEVILLE
ji
i. Generally applicable federal environmental laws and regulations.
iii. Statutes and regulations prohibiting discrimination applicable to this award include without
limitation, the following:
a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs
or activities receiving federal financial assistance; Subrecipient and its sub-
contractors, sub -recipients, sub -grantees, successors, transferees, or
assignees, shall comply with: Title VI of the Civil Rights Act of 1964 (42 U.S.C.
§ 2000d et seq., 78 stat. 252) and its applicable federal statutory, regulatory
authorities, other pertinent directives, circulars, policy, memoranda, and
guidance prohibiting discrimination on the basis of race, color, national
origin, age, sex, and disability and give assurance that it will promptly take
any measures necessary to ensure such compliance.
b. The Fair Housing Act, Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. §§
3601 et seq.), which prohibits discrimination in housing on the basis of race,
color, religion, national origin, sex, familial status, or disability;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
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 Subecipient'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
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 5 of 17
CITY OF
FAYETTEVILLE
ARKANSAS
local government employees whose principal employment is in connection with an activity
financed in whole or in part by this federal assistance.
vi. False Statements. The Subrecipient understands that making false statements or claims in
connection with this award is a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or contracts, and/or any other remedy
available by law.
vii. Monitoring: The Subrecipient agrees to allow the City and the US Treasury to monitor the
subaward in accordance with all applicable statutes, regulations, OMB circulars, and
guidelines. The Subrecipient shall allow the City to have oversight of any Subrecipient's
spending and monitoring of specific outcomes and benefits attributable to use of subaward
funds by Subrecipient.
viii. Audits In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements,
nonfederal entities that expend financial assistance of $750,000 or more in Federal awards
will have a single audit conducted for that year. Non-federal entities that expend less than
$750,000 a year in Federal awards are exempt from Federal audit requirements for that year,
except as noted in 2 CFR 200.503. The City is responsible for resolving audit findings
specifically related to the subaward and not responsible for resolving cross -cutting findings
(§200.332(d)(4)).
ix. Disclosure of Information. Any confidential or personally identifiable information (PII)
acquired during the course of the subaward shall not be disclosed by the Subrecipient to any
person, firm, corporation, association, or other entity for any reason or purpose whatsoever
without the prior written consent of the City, either during the term of the Agreement or after
termination of the Agreement for any reasons whatsoever. The Subrecipient agrees to abide
by applicable federal regulations regarding confidential information and research standards,
as appropriate, for federally supported projects.
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 6th
of the month to the Contact for the City.
ii. Maintenance of and Access to Records:
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 6 of 17
CITY OF
FAYETTEVILLE
ARKANSAS
a. The Subrecipient shall maintain records and financial documents sufficient to
evidence compliance with section 603(c) of the Act, Treasury's regulations
implementing that section, and guidance issued by Treasury regarding the
foregoing.
b. The US Treasury Office of Inspector General and the Government
Accountability Office, the City, or their authorized representatives, shall have
the right of access to records (electronic and otherwise) of the Subrecipient
in order to conduct audits or other investigations.
c. Records shall be maintained by Subrecipient for a period of five (5) years after
all funds have been audited, the audit resolved, and all funds expended or
returned to Treasury, whichever is later.
iii. Administrative Considerations. Where policies of the Subrecipient differ from those of, such
as travel reimbursement, fringe benefits, indirect costs, etc., the policies of the subrecipient
shall be applicable to cost incurrences under the Agreement provided such policies comply
with awarding agency regulations.
iv. Responsibilities. The Subrecipient agrees to furnish the necessary resources, materials,
services, and otherwise to do all things necessary for the performance of the work described
in Scope of Work, which is incorporated into the Agreement as Attachment , along with the
Budget required for that performance, which is incorporated into the Agreement as
Attachment B and C respectively. (see Attachment B: Scope of Work and Attachment C
Budget). Subrecipient shall provide 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
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 7 of 17
FAYETTEVILLE
ARKANSAS
identified in an earlier monitoring visit, from document reviews or after an audit to ensure
the Subrecipient took corrective action (§200.332(d)(2)).
As appropriate, the cooperative audit resolution process may be applied. The monitoring plan
may include on -site visits, follow-up, document and/or desk reviews, third -party evaluations,
virtual monitoring, technical assistance and informal monitoring such as email and telephone
interviews.
The City will also issue management decisions for applicable audit findings as required by
§200.521(§200.332(d)(3)). For reporting, UGG requires that the City and the Subrecipient use
OMB approved government -wide standard information collections when providing
performance information and data in reports.
The books and records of the Subrecipient shall be made available, if needed and upon
request, at subrecipient's regular place of business, for audit by personnel authorized by the
City or federal government. The Subrecipient books and records must be retained for a
period of five (5) years following receipt of final report, understanding no other actions
require an extension of the record retention period, such as open audit findings, committed
program income, or other reasons, as applicable.
viii. Risk Assessments, Specific Conditions and Remedies. The City has conducted a risk
assessment as required by §200.332(b) and determined the subrecipient's level of risk as low.
Risk assessments may be repeated throughout the project period after scheduled reports,
audits, unanticipated issues or other adverse circumstances that may arise. In the event of
noncompliance or failure to perform, the City has the authority to apply remedies, as defined
in the uniform guidance (§200.339), including but not limited to: temporarily withholding
payments, disallowances, suspension or termination of the federal award, suspension of
other federal awards received by the subrecipient, debarment or other remedies including
civil and/or criminal penalties, as appropriate (§200.332(h). The City will also consider
whether the monitoring results of the Subrecipient necessitate adjustments to the its own
record (see §200.332(9)).
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
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 8 of 17
CITY OF
AYETTEVILLE
ARKANSAS
as defined in regulations implementing Office of Management and Budget Guidelines on
Governmentwide Debarment and Suspension (Non -procurement) in Executive Order 12549.
Subrecipient further agrees that it will notify the City immediately if it or any of its principals is placed
on the list of parties excluded from federal procurement or non -procurement programs available at
www.sam.gov.;
d. DUNS Number. Subrecipient agrees and acknowledges the City may not grant the Subaward and
Subrecipient may not receive the Subaward unless Subrecipient has provided its Data Universal
Numbering System ("DUNS") number to the City. The DUNS number is the nine -digit number
established and assigned by Dun and Bradstreet, Inc. to uniquely identify business entities;
e. Federal Funding Accountability and Transparency Act of 2006. Subrecipient agrees to provide the City
with all information requested by the City to enable the City to comply with the reporting
requirements of the Federal Funding Accountability and Transparency Act of 2006;
f. Licenses Certifications Permits Accreditation. Subrecipient shall procure and keep current any
license, certification, permit or accreditation required by federal, state or local law and shall submit
to the City proof of any licensure, certification, permit or accreditation upon request; and
g. Other City Agreements. Subrecipient shall fulfill all other agreements with the City and shall comply
with all federal, state and local laws applicable to programs funded by such agreements.
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 $757,917.00 US DOLLARS for full
and complete satisfactory performance of this Agreement. Drawdowns for the advance payment of eligible
expenses shall be made against the line item budgets specified in Appendix A in accordance with the following
procedures:
a. Subrecipient shall submit request to the City for the advance payment along with an invoice or other
documentation establishing the cost of the item.
b. The City will advance funds to Subrecipient for the item.
c. Following Subrecipient's payment for the item, Subrecipient shall provide a receipt or other proof of
payment acceptable to the City within seven (7) days of payment.
d. The City may withhold advance funds for items if any required documentation has not been provided
for previous purchases within the time required by 8.c
Alternatively, the Subrecipient may request reimbursement for expenses by submitting monthly invoices,
itemized by budget category, along with copies of invoices, receipts, and other documentation acceptable to
the City. The City will then remit reimbursement payments to Subrecipient within thirty (30) days of
acceptance of the invoice.
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:
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 9 of 17
CITY OF
FAYETTEVILLE
ARKANSAS
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:
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
I. Refer to State of Arkansas Procurement laws, City of Fayetteville Purchasing Policies and Ordinances
for requirements for formal solicitation processes.
c. Records and Reports: The Subrecipient shall, at a minimum, submit the following reports to the City
and report as required in Appendix C:
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 10 of 17
CITY OF
FAYETTEVILLE
ARKANSAS
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.
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
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 11 of 17
CITY OF
FAYETTEVILLE
ARKANSAS
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.
Limitations on Expenditures. Subrecipient shall not be reimbursed or otherwise compensated for any
expenditures incurred or services provided prior to the Effective Date or following the earlier of the
expiration or termination of this Agreement. The City shall only reimburse Subrecipient for
documented expenditures incurred during the Agreement Term that are: (i) reasonable and necessary
to carry out the Scope of Work; (ii) documented by contracts or other evidence of liability consistent
with established federal, state and local procurement guidelines; and (iii) incurred in accordance with
all applicable requirements for the expenditure of funds payable under this Agreement.
f. Improper Payments. Any item of expenditure by Subrecipient under the terms of this Agreement
which is found by auditors, investigators, and other authorized representatives of the City, the U.S.
Government Accountability Office or the Comptroller General of the United States to be improper,
unallowable, in violation of federal or state law or the terms of the Notice of Prime Award or this
Agreement, or involving any fraudulent, deceptive, or misleading representations or activities of
Subrecipient, shall become Subrecipient's liability, to be paid by Subrecipient from funds other than
those provided by City under this Agreement or any other agreements between City and Subrecipient.
This provision shall survive the expiration or termination of this Agreement.
g. Audited Financial Statements. In any fiscal year in which Subrecipient expends $750,000 or more in
federal awards during such fiscal year, including awards received as a subrecipient, Subrecipient must
comply with the federal audit requirements contained in 2 CFR § 200, including the preparation of an
audit by an independent Certified Public Accountant in accordance with the Single Audit Act
Amendments of 1996, 31 U.S.C. 7501-7507, and with Generally Accepted Accounting Principles.' If
Subrecipient expends less than $750,000 in federal awards in any fiscal year, it is exempt from federal
audit requirements, but its records must be available for review by the City and appropriate officials
of the U.S. Government Accountability Office and the Comptroller General of the United States, and
it must still have a financial audit performed for that year by an independent Certified Public
Accountant. Subrecipient shall provide the City with a copy of Subrecipient's most recent audited
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
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 12 of 17
CIT'Y OF
ARKANSAS
fr
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.
i. The City must provide timelines for completion of tasks (see §200.344).
ii. The City must identify submission dates of all performance and financial reports (no later than
90 calendar days after the period of performance) (§200.344(a}).
iii. The City must describe requirements for liquidation of financial obligations if the award is
ending, or identification of carry-over of funds, if needed, to the next award period
(§200.344(b))
iv. The City must include completion of any other required closeout activities, such as submission
of deliverables, payments, if any, due to the Subrecipient from the City, attribution to the
federal agency and/or copyright or patent rights, and any accounting of real or personal
property (§200.344(c) and (f)).
v. The Subrecipient must permit the City and auditors to have access to the subrecipient's
records and financial statements as necessary for audits and monitoring during the record
retention period of three years, or more as appropriate (§200.337(a)).
vi. The federal agency and/or City has the right to return to audit the program after close-out at
any time during the record retention period and as long as the records are retained, to
conduct recovery audits including the recovery of funds, as appropriate (§200.337(c)}.
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.
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 13 of 17
CITY OF
FAYETTEVILLE
ARKANSAS
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.
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
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 14 of 17
FAYETTEVILLE
/ CITY OF
RKANSAS
/r r
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
$757,917.00 US Dollars, pursuant to Appendix A.
c. On or before the fifteenth (15th) day of each month and in any event no later than thirty (30) calendar
days after the earlier of the expiration or termination of this Agreement, Subrecipient shall submit
invoices for the most recent month ended, to the City, setting forth actual expenditures of
Subrecipient in accordance with this Agreement The Subrecipient shall provide backup
documentation with all invoices to show compliance with all federal, state and local laws.
d. The City may disapprove the requested compensation. If the compensation is so disapproved, the
City shall notify Subrecipient as to the disapproval. If payment is approved, no notice will be given.
22. INSURANCE: Subrecipient shall, at all times throughout the Agreement Term, carry insurance in such form and
in such amounts as City may from time to time reasonably require against other insurable hazards and
casualties that are commonly insured against in the performance of similar services as are to be provided
under this Agreement. At a minimum, Subrecipient shall maintain during the Agreement Term at least the
following types and limits of insurance coverage:
a. Workers' compensation in amounts no less than required by law and statutory amount;
b. Employer's Liability Insurance with a limit of no less than $1,000,000;
c. Commercial general liability insurance, including personal injury, contractual liability and property
damage, with limits of $1,000,000 per occurrence and $2,000,000 aggregate;
d. Umbrella liability insurance with a limit of $1,000,000 per occurrence and in the aggregate.
All policies (other than workers' compensation and employer's liability insurance) providing such coverage
shall name the City as an additional insured with respect to Subrecipient's performance of services under
this Agreement. Subrecipient shall provide the City with certificates of insurance evidencing such
coverage within thirty (30) calendar days after execution of this Agreement, which certificates shall
provide that the City shall receive thirty (30) days' advance written notice of any pending cancellation or
non -renewal of any of the coverages required by the City pursuant to this Agreement. Insurance
coverages that expire before the expiration of the Agreement Term shall be promptly renewed by
Subrecipient so that there is no gap in coverage and certificates of insurance evidencing such renewal
coverage shall be provided to the City, by a copy provided to the City immediately upon renewal.
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 15 of 17
CITY OF
FAYETTEVILLE
pal
V4W
ARKANSAS
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.
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
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 NAC's address as listed below.
CITY OF FAYETTEVILLE, AR
ATTN: Mayor Lioneld Jordan
113 W. Mountain
Fayetteville, AR 72701
WCRAA
Attn: Steve Harrison, Chief
645 S. School Ave.
Fayetteville, AR 72701
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreement# ARPA-0002
Page 16 of 17
CITY OF
FAYETTEVILLE
ARKANSAS
b. Severabliity_._ 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.
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 FAYETTEVILLE, AR
'�`��ttnrr►rr�r�I
Attest: ���. ��K 1 iR`!,��f
By: Er.`-
Kara Paxton, City Clerk Treasurer ! FAYETTEVILLE
r
Date Signed: I'�r C_ �r`�'`�� •'k�:�j �+,.
IN i ON ���►►��
WASHINGTON COUNTY REGIONAL
AMBULANCE AUTHORITY
By: � A. -
Steve Harrison, Chief
Date Signed: /4!> -a 7' a'2.
City of Fayetteville, AR and Washington County Regional Ambulance Authority
City of Fayetteville Subrecipient Agreementti ARPA-0002
Page 17 of 17