HomeMy WebLinkAbout109-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 109-23
File Number: 2023-677
SUBRECIPIENT AGREEMENT WITH APPLE SEEDS:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH APPLE
SEEDS, INC. TO PROVIDE FUNDING FOR PROGRAMS TO ADDRESS CHILDHOOD FOOD INSECURITY
UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $71,000.00, AND TO APPROVE A
BUDGET ADJUSTMENT
WHEREAS, the City of Fayetteville has received funding from the American Rescue Plan Act (ARPA) and invited
non-profit organizations to submit proposals for projects to fund with the available ARPA funding; and
WHEREAS, Apple Seeds, Inc. submitted an application requesting $71,000.00 in American Rescue Plan Act funds to
assist with their efforts to address childhood food insecurity in the City of Fayetteville; and
WHEREAS, the services provided by Apple Seeds includes growing and distributing fresh produce with recipes and
links to cooking demonstrations, as well as providing cooking class sessions and nutrition education to food -insecure
children which is expected to benefit approximately 1,725 Fayetteville residents.
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 Apple Seeds, Inc. to provide the amount of $71,000.00 in American Rescue Plan Act
funds for programs to address childhood food insecurity in the City of Fayetteville.
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 May 2, 2023
Page
Attest:
�Kara'Pa_xioinT, .ity C erk asurer l_r •a .'
^T C .,
Resolution: 109-23
File Number: 2023-677
Page 2
CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 2, 2023
TO: Mayor Jordan and City Council
THRU:
FROM: Blake Pennington, Assistant City Attorney
DATE:
SUBJECT: Apple Seeds ARPA Funding
CITY COUNCIL MEMO
2023-677
RECOMMENDATION:
Council Member Wiederkehr is sponsoring a resolution to provide ARPA funds in the amount of $71,000 to
Apple Seeds, Inc. for programs to address childhood food insecurity.
BACKGROUND:
DISCUSSION:
BUDGET/STAFF IMPACT:
Budget adjustment in the amount of $71,000 attached.
ATTACHMENTS: AGENDA REQUEST APPLE SEEDS ARPA FUNDING - Council Member Wiederkehr,
2023-677 BA ARPA Apple Seeds, Apple Seeds - SecState Letter of Good Standing
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 #: 2023-677
Apple Seeds ARPA Funding
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT
WITH APPLE SEEDS, INC. TO PROVIDE FUNDING FOR PROGRAMS TO ADDRESS
CHILDHOOD FOOD INSECURITY UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN
THE AMOUNT OF $71,000.00, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the City of Fayetteville has received funding from the American Rescue Plan Act (ARPA)
and invited non-profit organizations to submit proposals for projects to fund with the available ARPA
funding; and
WHEREAS, Apple Seeds, Inc. submitted an application requesting $71,000.00 in American Rescue
Plan Act funds to assist with their efforts to address childhood food insecurity in the City of Fayetteville;
and
WHEREAS, the services provided by Apple Seeds includes growing and distributing fresh produce
with recipes and links to cooking demonstrations, as well as providing cooking class sessions and
nutrition education to food -insecure children which is expected to benefit approximately 1,725
Fayetteville residents.
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 Apple Seeds, Inc. to provide the amount of $71,000.00 in
American Rescue Plan Act funds for programs to address childhood food insecurity in the City of
Fayetteville.
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
Civic Clerk Item No.: 2023-677
AGENDA REQUEST FORM
FOR: Council Meeting of May 2, 2023
FROM: Council Member Mike Wiederkehr
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A
SUBRECIPIENT AGREEMENT WITH APPLE SEEDS, INC. TO PROVIDE
FUNDING FOR EFFORTS TO ADDRESS CHILDHOOD FOOD INSECURITY
UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF
$71,000.00, AND TO APPROVE A BUDGET ADJUSTMENT
APPROVED FOR AGENDA:
Approved by email
City Council Member
Mike Wiederkehr
IV -8La & no-w
Asst. City Attorney Blake Pennington
Approved as to form
4/7/23
Date
4/7/23
Date
RESOLUTION NO.
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT
AGREEMENT WITH APPLE SEEDS, INC. TO PROVIDE FUNDING FOR PROGRAMS TO
ADDRESS CHILDHOOD FOOD INSECURITY UTILIZING AMERICAN RESCUE PLAN
ACT FUNDS IN THE AMOUNT OF $71,000.00, AND TO APPROVE A BUDGET
ADJUSTMENT
WHEREAS, the City of Fayetteville has received funding from the American Rescue Plan Act
(ARPA) and invited non-profit organizations to submit proposals for projects to fund with the
available ARPA funding; and
WHEREAS, Apple Seeds, Inc. submitted an application requesting $71,000.00 in American
Rescue Plan Act funds to assist with their efforts to address childhood food insecurity in the City
of Fayetteville; and
WHEREAS, the services provided by Apple Seeds includes growing and distributing fresh
produce with recipes and links to cooking demonstrations, as well as providing cooking class
sessions and nutrition education to food -insecure children which is expected to benefit
approximately 1,725 Fayetteville residents.
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 Apple Seeds, Inc. to provide the amount of
$71,000.00 in American Rescue Plan Act funds for programs to address childhood food
insecurity in the City of Fayetteville.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED this 2nd day of May, 2023.
APPROVED: ATTEST:
M.
M.
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
/Org2 Non -Departmental (800)
2023
Requestor: Council Member Wiederkehr
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH APPLE SEEDS, INC. TO PROVIDE
FUNDING FOR PROGRAMS TO ADDRESS CHILDHOOD FOOD INSECURITY UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN
THE AMOUNT OF $71,000.00, AND TO APPROVE A BUDGET ADJUSTMENT
COUNCIL DATE: 5/2/2023
ITEM ID#: 2023-677
Kevin Springer
41712023 3:30 PIVl
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
RESOLUTION/ORDINANCE CHKD/POSTED:
TOTAL 71,000 71,000 v.2023323
Increase / (Decrease) Project.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
2246.800.9246-4309.01 - 71,000 20023 2021 RE Federal Grants - Operational
2246.800.9729-5315.00 71,000 - 20023 2021 EX Contract Services
1 of ]
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OFFICE OF THE ARKANSAS SECRETARY OF STATE
April 10, 2023
Mary Thompson
Apple Seeds, Inc.
2648 Old Wire Rd
Fayetteville, AR 72703
Re: Letter of Good Standing for Apple Seeds, Inc.
Dear Mary Thompson,
This letter is to confirm that Apple Seeds, Inc. Charitable Registration is in good standing with
the Secretary of State Office. The charity's Annual Financial Report is due on or before
6/30/2023 .
Please contact a Charities Registration Specialist in our office at (501) 683-0094 or
charitiesksos.arkansas.gov, if you have any questions.
Sincerely,
Charities Division
Arkansas Secretary of State
1401 W. Capitol, Suite 250 • Little Rock, Arkansas 72201
(501) 683-0094 • www.sos.arkansas.gov • charities@sos.arkansas.gov
Apple Seeds Subrecipient Agreement
City of Fayetteville Staff Review Form
2023-0689
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Elizabeth Darden 6/1/2023 ACCOUNTING & AUDIT (131)
Submitted By Submitted Date Division / Department
Action Recommendation:
Recommend Mayor's signature of approval of a subrecipient agreement with Apple Seeds in the amount of
$71,000.00 to provide funding from the American Rescue Plan Act to fund a subrecipient grant agreement that will
provide cookings classes, nutrition education and fresh produce to food -insecure Fayetteville children. Resolution
109-23 passed on 5/2/23 authorized Mayor Jordan 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
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
Project Title
L—
Previous Ordinance or Resolution # 109-23
Approval Date: 06/07/2023
awl CITY OF
�FAYETTEVILLE
ARKANS
ARKANSAS
TO:
Mayor
THRU:
Susan Norton, Chief of Staff
FROM:
Elizabeth Darden, Internal Auditor
DATE:
June 1. 2023
SUBJECT: Subrecipient Agreement — Apple Seeds
STAFF MEMO
RECOMMENDATION:
Recommend Mayor Jordan's signature on the Apple Seeds subrecipient agreement.
BACKGROUND:
Resolution 109-23 passed and approved on 5/2123, authorized Mayor Jordan to sign a
subrecipient agreement with Apple Seeds to provide cooking classes, nutrition education and
fresh produce to food -insecure Fayetteville children utilizing American Rescue Plan Act Funds
in the amount of $71,000.00.
DISCUSSION:
Apple Seeds submitted a request for funding under the ARPA program as a subrecipient, to
operate a program to provide cooking classes, nutrition education and fresh produce to food -
insecure Fayetteville children.
BUDGET/STAFF IMPACT:
This Apple Seeds subrecipient program will be funded with American Rescue Plan Act funds.
Attachments:
ARPA Subrecipient Contract with Apple Seeds and Resolution 109-23 attached at the end of
the subrecipient contract.
Mailing Address:
113 W. Mountain Street www.fayettevllle-argov
Fayetteville, AR 72701
CITY OF
.� FAYETTEVILLE
ARKANS
ARKANSAS
SUBRECIPIENT AGREEMENT for AMERICAN RESCUE PLAN
City of Fayetteville, AR
and
APPLE SEEDS INC
City of Fayetteville Subrecipient# ARPA-0010
This Subrecipient Agreement (Agreement) is entered into and effective on this 7th day of
June 2023 between the City of Fayetteville, hereafter referred to as ("the City) and Apple Seeds, Inc.
(hereinafter referred to as "Apple Seeds" or the "subrecipient").
WHEREAS, Apple Seeds requested funding to assist with efforts to address childhood food insecurity in the City
of Fayetteville; 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 Apple Seeds 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;
WHEREAS, the Final Rule of the Department of the Treasury maintains the eligibility of using American Rescue
Plan Act funds to decrease food insecurity and increase the availability of food to lower and moderate -income
families.
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 (UGG14200.332:
a) Subrecipient Name (must match the name associated with its Unique Entity Identifier):
Apple Seeds, Inc.
2648 N. Old Wire Road
Fayetteville, AR 72703
City of Fayetteville, AR and Apple Seeds, Inc.
City of Fayetteville Subrecipient Agreement# ARPA-0010
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EIN: 20-8081842
b) Subrecipient's Unique Entity Identifier (formerly known as DUNS number): TA8XAGA3TR11
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: $71,000.00
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(Itreasurv.eov
Telephone: 202-622-6415
Website: https,//home.tmasury.gov/policy-issues/coronavirus/assistance-for-state-local- and -tribal -
govern ments/state-a nd-loca 1-fiscal-recovery-fund
Contact Information for the City:
Paul A. Becker
Chief Financial Officer
113 W. Mountain
Fayetteville, AR 72701
obecker0favetteville-a r.gov
Telephone: 479-575-8330
Contact Information for the Subrecipient:
Apple Seeds, Inc.
Attn: Mary Thompson, Executive Director
2648 N. Old Wire Road
Fayetteville, AR 72703
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
httos://sam.goy/fa I/7cecfdef62dc42729a3fdcd449bd62 b8/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 Apple Seeds, Inc.
City of Fayetteville Subrecipient Agreement# ARPA-0010
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between them respecting the subject matter hereof. This Agreement is also composed of the following
appendices:
a. Appendix A —Scope of Work& Project Allocation
It. 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 tens
"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 603jfj 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 R 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 Apple Seeds, Inc.
City of Fayetteville Subrecipient Agreement# ARPA-0010
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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 Treasurys 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 %II 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.
City of Fayetteville, AR and Apple Seeds, Inc.
City of Fayetteville Subrecipient Agreement# ARPA-0010
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I. Generally applicable federal environmental laws and regulations.
M. 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 necessaryto 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, 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 use 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 Apple Seeds, Inc.
City of Fayetteville Subrecipient Agreement# ARPA-0010
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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 (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 underthis 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)f3)1:
1. Reporting: Subrecipient agrees to comply with any reporting obligations established by the
City as it relates to this award. Subrecipient shall submit a Quarterly Grant Report by the first
week following the end of each calendar quarter to the Contact for the City.
ii. Maintenance of and Access to Records:
City of Fayetteville, AR and Apple Seeds, Inc.
City of Fayetteville Subrecipient Agreement# ARPA-0010
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a. The Subrecipient shall maintain records and financial documents sufficient to
evidence compliance with section 603(c) of the Act, Treasurys regulations
implementing that section, and guidance issued by Treasury regarding the
foregoing.
b. The US Treasury Office of Inspector General and the Government
Accountability Office, the City, or their authorized representatives, shall have
the right of access to records (electronic and otherwise) of the Subrecipient
in order to conduct audits or other investigations.
c. Records shall be maintained by Subrecipient for a period of five (5)years after
all funds have been audited, the audit resolved, and all funds expended or
returned to Treasury, whichever is later.
Administrative Considerations. Where policies of the Subrecipient differ from those of, such
as travel reimbursement, fringe benefits, indirect costs, etc., the policies of the Subrecipient
shall be applicable to cost incurrences under the Agreement provided such policies comply
with awarding agency regulations.
iv. Responsibilities. The Subrecipient agrees to furnish the necessary resources, materials,
services, and otherwise to do all things necessary for the performance of the work described
in Scope of Work, which is incorporated into the Agreement as Attachment , along with the
Budget required for that performance, which is incorporated into the Agreement as
Attachment B and C respectively. (see Attachment B: Scope of Work and Attachment C
Budget). Subrecipient shall provide Quarterly Reports as provided above.
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 Apple Seeds, Inc.
City of Fayetteville Subrecipient Agreement# ARPA-0010
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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
moderate. Risk assessments may be repeated throughout the project period after scheduled
reports, audits, unanticipated issues or other adverse circumstances that may arise. In the
event of noncompliance or failure to perform, the City has the authority to apply remedies,
as defined in the uniform guidance (§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
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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 gram 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.
g. 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 $71,000.00 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 parry, and subject to the prior
written approval of the City, as appropriate. Any such publicity shall credit the contributions of each
party.
b. Neither party shall use the name, insignia, or trademark of the other party, nor any adaptation
thereof, nor the names of any of its employees in any advertising, promotion or sales literature
without the written consent of the other party.
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11. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Subrecipient agrees to comply with the provisions of the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR
part 200) (the Uniform Guidance), including the cost principles and restrictions on general provisions for
selected items of cost. as applicable, and all requirements and standards which shall include but are not
limited to the following:
a. Compliance with Federal Procurement Laws: The City hereby designates and the Subrecipient hereby
agrees to receive funding through the 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:
I. Quarterly reports shall be submitted to the City by the last day of each quarter. Quarterly
reports shall be submitted on the City provided form and will provide and outline funded
activities undertaken during each month for the duration of the project as it relates to
Appendix A — Scope of Work & Project Allocation. Failure to provide the required
documentation and information will affect the funding in this agreement and future requests
for funding.
I. A Final Summary Report due no later than thirty (30) calendar days after the end of the
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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.
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
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accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and
readily accessible.
e. Limitations on Expenditures. Subrecipient shall not be reimbursed orotherwise compensated for any
expenditures incurred or services provided prior to the Effective Date or following the earlier of the
expiration or termination of this Agreement. The City shall only reimburse Subrecipient for
documented expenditures incurred during the Agreement Term that are: (i) reasonable and necessary
to carry out the Scope of Work; (ii) documented by contracts or other evidence of liability consistent
with established federal, state and local procurement guidelines; and (III) incurred in accordance with
all applicable requirements for the expenditure of funds payable under this Agreement.
Improper Payments. Any Rem 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)1: 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 -
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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 laterthan
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)).
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;
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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
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
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allowable expenditures within budget categories.
b. The total amount invoiced to the City over the course of the contract period shall not exceed
$71,000.00 Dollars, the agreed upon contribution of the City pursuant to Appendix A.
c. On or before the fifteenth (15th) day of each month and in any event no later than thirty (30) calendar
days after the earlier of the expiration or termination of this Agreement, Subrecipient shall submit
invoices for the most recent month ended, to the City, setting forth actual expenditures of
Subrecipient in accordance with this Agreement The Subrecipient shall provide backup
documentation with all invoices to show compliance with all federal, state and local laws.
d. The City may disapprove the requested compensation. If the compensation is so disapproved, the
City shall notify Subrecipient as to the disapproval. If payment is approved, no notice will be given.
22. INSURANCE: Subrecipient shall, at all times throughout the Agreement Term, carry insurance in such form and
in such amounts as City may from time to time reasonably require against other insurable hazards and
casualties that are commonly insured against in the performance of similar services as are to be provided
under this Agreement. At a minimum, Subrecipient shall maintain during the Agreement Term at least the
following types and limits of insurance coverage:
a. Workers' compensation in amounts no less than required by law and statutory amount;
b. Employer's Liability Insurance with a limit of no less than $1,000,000;
c. Commercial general liability insurance, including personal injury, contractual liability and property
damage, with limits of $1,000,000 per occurrence and $2,000,000 aggregate;
d. Umbrella liability insurance with a limit of $1,000,000 per occurrence and in the aggregate.
All policies (other than workers' compensation and 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.
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23. Changes in Scope or Price: Changes, modifications or amendments in scope, price or fees to this agreement
shall not be allowed without a prior formal contract amendment approved by the City in advance of the
change in scope, price or fees.
24. Freedom of Information Act: This Agreement is subject to the Arkansas Freedom of Information Act. If a
Freedom of Information Act request is presented to the 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. g25-19-101 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 SUBRECIPIENT
ATTN: Mayor Lioneld Jordan ATTN: Mary Thompson, Executive Director
113 W. Mountain 2648 N. Old Wire Road
Fayetteville, AR 72701 Fayetteville, AR 72703
b. Severability. If any term, provision, covenant or condition of this Agreement, or the application
thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the
remainder of this Agreement and such term, provision, covenant or condition as applied to other
persons, places and circumstances shall remain in full force and effect.
c. Construction. The headings and captions of this Agreement are provided for convenience only and
are intended to have no effect in construing or interpreting this Agreement. The language in all
parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly
for or against either party.
d. Rights Cumulative. The rights and remedies provided by this Agreement are cumulative, and the
exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this
Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any
or all other rights and remedies.
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e. Assistance. The Subrecipient shall, during and after termination of services rendered, upon
reasonable notice, furnish such information and proper assistance to the City as may reasonably be
required by the City in connection with work performed by Subrecipient.
I. Compliance with Law. The Parties mutually represent that throughout the term of this Agreement
their respective performance under this Agreement shall be, and shall remain, in compliance with all
applicable federal, state and local laws and regulations.
CITY OF
By:
Attest:
By:
Kara
Date Signed: 06/07/2023
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APPLE SEEDS, INC.
By:�
Mary TKompson, Executive Director
LLE; Bate Signed:
Apple Seeds, Inc Subrecipient Agreement - Amendment No. 1
City of Fayetteville Staff Review Form
ARCHIVED 20 Item
ID
01
N/A
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Elizabeth Darden 5/8/2024 ACCOUNTING &AUDIT(131)
Submitted By Submitted Date Division/Department
Action Recommendation:
Recommend Mayor's signature of approval on amendment#1 in relation to the Apple Seeds subrecipient
agreement. Amendment#1 will extend the period of performance to August 31, 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# 109-23
Change Order Number: Approval Date: 05/14/2024
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE STAFF MEMO
ARKANSAS
TO: Mayor
THRU: Susan Norton, Chief of Staff
FROM: Elizabeth Darden, Internal Auditor
DATE: May 8, 2024
SUBJECT: Subrecipient Agreement—Apple Seeds Amendment#1
RECOMMENDATION:
Recommend Mayor Jordan's signature on the Apple Seeds subrecipient agreement amendment
#1.
BACKGROUND:
Resolution 109-23 passed and approved on 5/2/23. authorized Mayor Jordan to sign a
subrecipient agreement with Apple Seeds to provide cooking classes, nutrition education and
fresh produce to food-insecure Fayetteville children utilizing American Rescue Plan Act Funds
in the amount of$71,000.00.
DISCUSSION:
Apple Seeds has requested an amendment to the subrecipient agreement to extend the
program to August 31, 2024.
BUDGET/STAFF IMPACT:
This Apple Seeds subrecipient program will be funded with American Rescue Plan Act funds.
Attachments:
ARPA Subrecipient Contract with Apple Seeds and Resolution 109-23 attached at the end of
the subrecipient contract amendment#1.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AMENDMENT#1 TO THE SUBRECIPIENT
AGREEMENT WITH APPLE SEEDS, INC.
WHEREAS,on June 7,2023,pursuant to Resolution 109-23,the City of Fayetteville
and Apple Seeds, Inc. ("Apple Seeds")entered into a subrecipient agreement to provide funds in
the amount of$71,000.00 to provide cooking classes,nutrition education,and fresh produce to
food-insecure Fayetteville children;and
WHEREAS,Apple Seeds has requested an extension to August 31, 2024.
NOW,THEREFORE, BE IT KNOWN TO ALL:
That the City of Fayetteville, Arkansas and Apple Seeds, Inc., on this 14 day of
May, 2024, hereby agree that the Subrecipient Agreement dated June 7, 2023, shall be 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.
APPLE SEEDS, INC. CITY OF YE VILLE
`
By:
MAR THOMPSON,Executive Director LIO ELD JO A , ayor
WITNESS: ATTEST: •E�S/ TRFAiti
•
PAXTON,Ci er{�/Tg �FAYETTEVILIE;�_
-.7ks,•.' (A N`-)P•Jam'``