The URL can be used to link to this page

Home My WebLink About260-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 260-23 File Number: 2023-1267 COMMUNITY ORIENTED POLICING SERVICES HIRING PROGRAM (GRANT AWARD): A RESOLUTION TO AUTHORIZE ACCEPTANCE OF THE 2023 COMMUNITY ORIENTED POLICING SERVICES HIRING PROGRAM GRANT IN THE AMOUNT OF $250,000 TO FUND TWO NEW POLICE OFFICER POSITIONS FOR EXPANSION OF THE SCHOOL RESOURCE OFFICER PROGRAM FOR A PERIOD OF FOUR YEARS, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on August 16, 2022, the City Council approved Resolution 190-22 expressing the intent of the City Council to add two new SRO positions each budget year, until every school in the district is able to have an officer on site each school day; and WHEREAS, on May 2, 2023, the City Council approved Resolution 110-23 authorizing an application for the FY2023 COPS Hiring Program grant; and WHEREAS, on September 26, 2023 the 2024 Proposed Budget was presented to City Council that includes these positions. 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 the acceptance of a grant from the 2023 Community Oriented Policing Services Hiring Program in the amount of $448,844.00 to fund two Police Officers for a period of four years with the $198,844.00 required match. 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 November 21, 2023 Approve Attest: `1 y —`�• —r , oneld Jordan, or Kara Paxton, City erk Treasu er Page 1 Resolution: 260-23 File Number: 2023-1267 Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 21, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-1267 FROM: Mike Reynolds, Police Chief DATE: SUBJECT: FY2023 Community Oriented Policing Services (COPS) Hiring Program Grant Award RECOMMENDATION: A resolution to authorize acceptance of the 2023 COPS Hiring Program grant award in the amount of $250,000 to hire two (2) new police officers for expansion of our School Resource Officer (SRO) Program with the Fayetteville Public Schools for a period of four (4) years, and approval of a budget adjustment. BACKGROUND: The COPS Hiring Program is a competitive grant program that provides funding for three (3) years directly to law enforcement agencies to create and preserve jobs and to increase their community policing capacity and crime prevention efforts. Each grant recipient is afforded five (5) years to complete three (3) years of grant funded activity. Year 1 is structured for recruitment and certification for new officers for agencies awarded COPS funds, Years 2-4 are grant funded activities specified in the grant application, and Year 5 requires the recipient to 100% fund the position for 1-year. Funding is based on our current entry-level salaries and benefits for sworn officer positions plus annual step increases per our current pay plan policy. Any additional costs for positions hired under the COPS Hiring Program beyond salaries and benefits must be paid for with local funds. Furthermore, Resolution #190-22 (see attached) approved by City Council on August 16, 2022, expresses the intent of the City Council to add two (2) new SRO positions each budget year, until every school in the district is able to have an officer on site each school day. This COPS Hiring Program grant award will provide federal funding to mitigate general fund expenses necessary to meet City Council's goal of Resolution #190-22. In addition to Resolution #190-22, the FY2023 COPS Hiring Program grant application was approved by City Council on May 2, 2023, via Resolution #110-23 (see attached). On September 26, 2023, Paul Becker presented to City Council the 2024 Proposed Budget, and these SRO positions were included in his presentation. DISCUSSION: The COPS Hiring Program grant will fund $250,000 while grant match requirements will be $198,844. Grant match requirements will be funded through reimbursement of expenses for two (2) officers assigned to the Fayetteville Public Schools as SROs. The Fayetteville Police Department will utilize the COPS Hiring Program Grant funding to hire two (2) new police officer positions. In anticipation of this grant award, we have included these two (2) new police officer positions in the Mayor's 2024 Proposed Budget. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Fayetteville Public Schools has requested FPD SROs be assigned to each school within their district, and Fayetteville Public Schools has 17 schools within their district beginning with the 2023-2024 academic year. Currently, our SRO Program has nine (9) positions budgeted within the 2023 Approved Operating Budget and assigned to the Fayetteville Public Schools. This grant award will be used to add two (2) officers to our SRO Program, bringing our total approved SRO positions to eleven (11) at the start of the 2024-2025 academic year. If awarded, the Fayetteville Public Schools have agreed to pay their proportionate share of the $496,100 local match requirements. The attached spreadsheet shows the total cost for two new officers throughout the four (4) year grant period to be $746,100. Grant funds in the amount of $250,000 will result in the City's local requirements being $496,100 with the Fayetteville Public Schools reimbursing $339,710. The City's net expense over the grant period is projected to be $156,390 or 21 % of total expenses. BUDGET/STAFF IMPACT: A $250,000 budget adjustment will establish a revenue and expense budget within project accounting for tracking the FY2023 COPS Hiring Program grant award. This grant award will fund 45% of the cost of these officers for years 2024-2026. ATTACHMENTS: SRF (#3), SRM (#4), BA (#5), FY23 CHP Grant Application - SRO Budget by New Officer (#6), 190-22 RESOLUTION (#7), 110-23 RESOLUTION (#8), Award_Package_FAW-181010 (#9) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1267 FY2023 Community Oriented Policing Services (COPS) Hiring Program Grant Award A RESOLUTION TO AUTHORIZE ACCEPTANCE OF THE 2023 COMMUNITY ORIENTED POLICING SERVICES HIRING PROGRAM GRANT IN THE AMOUNT OF $250,000 TO FUND TWO NEW POLICE OFFICER POSITIONS FOR EXPANSION OF THE SCHOOL RESOURCE OFFICER PROGRAM FOR A PERIOD OF FOUR YEARS, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on August 16, 2022, the City Council approved Resolution 190-22 expressing the intent of the City Council to add two new SRO positions each budget year, until every school in the district is able to have an officer on site each school day; and WHEREAS, on May 2, 2023, the City Council approved Resolution 110-23 authorizing an application for the FY2023 COPS Hiring Program grant; and WHEREAS, on September 26, 2023 the 2024 Proposed Budget was presented to City Council that includes these positions. 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 the acceptance of a grant from the 2023 Community Oriented Policing Services Hiring Program in the amount of $448,844.00 to fund two Police Officers for a period of four years with the $198,844.00 required match. 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 Mike Reynolds Submitted By City of Fayetteville Staff Review Form 2023-1267 Item ID 11/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/3/2023 POLICE (200) Submitted Date Division / Department Action Recommendation: A resolution to authorize acceptance of the 2023 COPS Hiring Program grant award in the amount of $250,000 to hire two (2) new police officers for expansion of our School Resource Officer (SRO) Program with the Fayetteville Public Schools for a period of four (4) years, and approval of a budget adjustment. Budget Impact: 1010.200.2920-5120.00 General Account Number Fund 32204-2023 Police -COPS Hiring Program Grant Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 250,000.00 250,000.00 Previous Ordinance or Resolution # Approval Date: V20221130 CITY OF FAYETTEVILLE W4W ARKANSAS MEETING OF NOVEMBER 21, 2023 TO: Mayor and City Council FROM: Mike Reynolds, Chief of Police DATE: November 2, 2023 CITY COUNCIL MEMO SUBJECT: FY2023 Community Oriented Policing Services (COPS) Hiring Program Grant Award RECOMMENDATION: Acceptance of the 2023 COPS Hiring Program grant award to hire two (2) new police officers for expansion of our School Resource Officer (SRO) Program with the Fayetteville Public Schools for a period of four (4) years with a total grant project amount of $448,844, and approval of a budget adjustment in the amount of $250,000. The COPS Hiring Program grant will fund $250,000 while grant match requirements will be $198,844. BACKGROUND: The COPS Hiring Program is a competitive grant program that provides funding for three (3) years directly to law enforcement agencies to create and preserve jobs and to increase their community policing capacity and crime prevention efforts. Each grant recipient is afforded five (5) years to complete three (3) years of grant funded activity. Year 1 is structured for recruitment and certification for new officers for agencies awarded COPS funds, Years 2-4 are grant funded activities specified in the grant application, and Year 5 requires the recipient to 100% fund the position for 1-year. Funding is based on our current entry-level salaries and benefits for sworn officer positions plus annual step increases per our current pay plan policy. Any additional costs for positions hired under the COPS Hiring Program beyond salaries and benefits must be paid for with local funds. Furthermore, Resolution #190-22 (see attached) approved by City Council on August 16, 2022, expresses the intent of the City Council to add two (2) new SRO positions each budget year, until every school in the district is able to have an officer on site each school day. This COPS Hiring Program grant award will provide federal funding to mitigate general fund expenses necessary to meet City Council's goal of Resolution #190-22. In addition to Resolution #190-22, the FY2023 COPS Hiring Program grant application was approved by City Council on May 2, 2023, via Resolution #110-23 (see attached). On September 26, 2023, Paul Becker presented to City Council the 2024 Proposed Budget, and these SRO positions were included in his presentation. DISCUSSION: The COPS Hiring Program grant will fund $250,000 while grant match requirements will be $198,844. Grant match requirements will be funded through reimbursement of expenses for Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 two (2) officers assigned to the Fayetteville Public Schools as SROs. The Fayetteville Police Department will utilize the COPS Hiring Program Grant funding to hire two (2) new police officer positions. In anticipation of this grant award, we have included these two (2) new police officer positions in the Mayor's 2024 Proposed Budget. Fayetteville Public Schools has previously requested additional SROs for each school within their district, but our staffing and budget levels have not allowed for these positions. Fayetteville Public Schools has 17 schools within their district beginning with the 2023-2024 academic year. Our SRO Program currently has nine (9) positions budgeted within the 2023 Approved Operating Budget. Seven (7) of these positions are active while two (2) recently added positions are vacant pending recruitment and certification of new officers. This grant award will be used to add two (2) officers to our SRO Program bringing our total approved SRO positions to eleven (11) at the start of the 2024-2025 academic year. Fayetteville Public Schools has agreed to pay their proportionate share of the $496,100 local match requirements, if awarded. The attached spreadsheet shows the total cost for two new officers throughout the four (4) year grant period to be $746,100. Grant funds in the amount of $250,000 will result in the City's local requirements to be $496,100 with the Fayetteville Public Schools reimbursing $339,710. The City's net expense over the grant period is projected to be $156,390 or 21% of total expenses. BUDGET/STAFF IMPACT: A $250,000 budget adjustment will establish a revenue and expense budget within project accounting for tracking the FY2023 COPS Hiring Program grant award. This grant award will fund 45% of the cost of these officers for years 2024-2026. Attachments: Budget Adjustment Budget Summary Resolution #190-22 Resolution #110-23 FY2023 COPS Hiring Program Grant Award Package City of Fayetteville, Arkansas - Budget Adjustment (Agenda) 2 Errors Budget Year Division POLICE (200) Adjustment Number /Org2 2023 Requestor: Willie Newman BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Establish a revenue and expense budget within project accounting to track the FY2023 COPS Hiring Program grant award. COUNCIL DATE: ITEM ID#: 11/21/2023 2023-1267 RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number 250,000 250,000 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2023109 Account Name 1010.200.2920-4309.01 - 250,000 32204 2023 RE Federal Grants - Operational 1010.200.2920-5120.00 250,000 - 32204 2023 EX Personnel Other - Contra I of 1 FY23 COPS Hiring Program Grant Budget Summary 2024-2027 Year 1 - Step A Year 2 -Step B Year 3 - Step C Year 4 - Step D Total Base Annual Pay $ 53,102 $ 55,682 $ 58,261 $ 60,840 $ 227,885 Premium Holiday Pay 2,655 2,784 2,913 3,042 11,394 Sign -on Pay 5,000 - - - 5,000 Longevity Pay - - - - - Education Pay 1,593 1,670 1,748 1,825 6,837 Specialized Pay - - - - - Certificate Pay 300 300 300 900 Shift Differential - - - - - Academy Training - OT 3,115 - - - 3,115 Total Base Pay $ 65,466 $ 60,436 $ 63,222 $ 66,007 $ 255,131 Fringe Benefits per Officer Medicare $ 949 $ 876 $ 917 $ 957 $ 3,699 Health Insurance 4,709 4,977 5,211 5,211 20,108 Life Insurance 134 142 148 156 580 LTD Insurance 78 82 86 90 336 Retirement 16,023 16,016 16,754 17,492 66,285 Workers Comp 1,290 1,191 1,245 1,300 5,026 Professional Liability Insurance 300 300 300 300 1,200 Total Fringe Benefits per Officer $ 23,483 $ 23,583 $ 24,661 $ 25,507 $ 97,234 Total Salary & Fringe per Officer Uniform, Equipment, & Training Per Officer Uniform Bulletproof Vest Axon Officer Safety Plan Duty Weapon Radio APX6000 Academy Training - Per Diem FTO Trainer Total Equip & Training per Officer $ 88,949 $ 84,020 $ 87,883 $ 91,514 $ 352,365 $ 6,126 $ 600 $ 600 $ 600 $ 7,926 1,810 - - - 1,810 3,620 3,620 680 680 5,324 5,324 365 - - 365 960.00 - - 960 $ 18,885 $ 600 $ 600 $ 600 $ 20,685 Total Operating Expense per Officer $ 107,834 $ 84,620 $ 88,483 $ 92,114 $ 373,050 Total Expenses - 2 New Officers $ 215,668 $ 169,239 $ 1769965 $ 184,228 $ 746,100 Cost Share - 2 School Resource Officers Grant Program ($125,000 max per position over 3 years) $ 130,740.00 $ 84,312.00 $ 34,948.00 $ - $ 250,000.00 City's General Fund 0.43 (0.33) 57,089.80 99,300.34 156,390.25 Fayetteville Public Schools SRO Reimbursement 84,927.36 84,927.36 84,927.36 84,927.36 339,709.44 Total Revenue $ 215,667.79 $ 169,239.03 $ 176,965.16 $ 184,227.70 $ 746,099.69 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 190-22 File Number: 2022-0707 SCHOOL RESOURCE OFFICER: A RESOLUTION TO APPROVE THE ADDITION OF A NEW FULL TIME EQUIVALENT POLICE OFFICER POSITION TO BE ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT AS A SCHOOL RESOURCE OFFICER BEGINNING IN THE 2022-2023 SCHOOL YEAR, TO APPROVE UP TO $3,000.00 FOR EACH SCHOOL RESOURCE OFFICER FOR SOCIAL WORK OR COUNSELING EDUCATION FOR THE 2022-2023 SCHOOL YEAR, TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD TWO NEW SCHOOL RESOURCE OFFICER POSITIONS EACH YEAR THEREAFTER UNTIL EVERY SCHOOL IN THE DISTRICT IS ABLE TO HAVE AN OFFICER ON SITE EACH SCHOOL DAY, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, pursuant to Ark. Code Ann. § 6-10-128, the City of Fayetteville and the Fayetteville Public School District must enter into a memorandum of understanding regarding the assignment of school resource officers (SROs) to the Fayetteville Public School District including the financial responsibilities of each party, chain of command, the roles and responsibilities of the school resource officers, training requirements, hours of assignment, the provision of benefits, and other matters; and WHEREAS, the City currently has six school resource officers assigned to the Fayetteville Public School District which has fifteen schools in operation and a sixteenth under construction; and WHEREAS, the District has requested that the City assign another school resource officer to the District beginning in the 2022-2023 school year; and WHEREAS, the District has also requested that the City assign additional officers in the future to ensure that each school is able to have a school resource officer on site; and WHEREAS, the additional school resource officer positions will be new full time equivalent officers Page 1 Printed on 8118122 Resolution: 190-22 File Number.' 2022-0707 and will not reduce the Police Department's current staffing levels; and WHEREAS, on August 2, 2022, the Arkansas School Safety Commission released its Interim Report with findings and recommendations including the following from the Law Enforcement and Security Subcommittee which is chaired by Washington County Sheriff Tim Helder: • Recommendation 1: No campus should ever be without an armed presence "AT ALL TIMES" when staff and children are attending class or a major extracurricular activity. • Recommendation 2: If financially practicable, school should ideally have at least one SRO for each campus. • Recommendation 3: School districts should execute a Memorandum of Understanding (MOU) with their partnering law -enforcement agencies that identify the roles and responsibilities of SROs and other critical elements. • Recommendation 4: SROs whose primary assignment is within the school should receive specialized training. 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 approves the addition of a new full time equivalent officer position for the Police Department to be assigned to the Fayetteville Public School District in accordance with the memorandum of understanding required by Ark. Code Ann. § 6-10-128. 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, to fund the new position. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to approve the addition of two new full time equivalent officer positions every year beginning in 2023 and authorize those positions to be assigned to the Fayetteville Public School District as school resource officers until each school is able to have an officer on site. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby approves up to $3,000.00 for each School Resource Officer for the 2022-2023 school year to be used for tuition or education costs to enable that School Resource Officer to obtain a Social Work Certification or for college level classes toward earning a degree in Social Work or Counseling. PASSED and APPROVED on 8/16/2022 Page 2 Printed on 8118122 Resolution: 190-22 File Number: 2022-0707 Approved: Attest: C � rR 44�t�f�r sLJ■ FAYMEVILI.E.�� Kara Paxton, City Clerk Treasurer iN Page 3 Printed on 8118122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 a (479)575-8323 Text File File Number: 2022-0707 Agenda Date: 8/16/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: C.5 SCHOOL RESOURCE OFFICER: A RESOLUTION TO APPROVE THE ADDITION OF A NEW FULL TIME EQUIVALENT POLICE OFFICER POSITION TO BE ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT AS A SCHOOL RESOURCE OFFICER BEGINNING IN THE 2022-2023 SCHOOL YEAR, TO APPROVE UP TO $3,000.00 FOR EACH SCHOOL RESOURCE OFFICER FOR SOCIAL WORK OR COUNSELING EDUCATION FOR THE 2022-2023 SCHOOL YEAR, TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD TWO NEW SCHOOL RESOURCE OFFICER POSITIONS EACH YEAR THEREAFTER UNTIL EVERY SCHOOL IN THE DISTRICT IS ABLE TO HAVE AN OFFICER ON SITE EACH SCHOOL DAY, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, pursuant to Ark. Code Ann. § 6-10-128, the City of Fayetteville and the Fayetteville Public School District must enter into a memorandum of understanding regarding the assignment of school resource officers (SROs) to the Fayetteville Public School District including the financial responsibilities of each party, chain of command, the roles and responsibilities of the school resource officers, training requirements, hours of assignment, the provision of benefits, and other matters; and WHEREAS, the City currently has six school resource officers assigned to the Fayetteville Public School District which has fifteen schools in operation and a sixteenth under construction; and WHEREAS, the District has requested that the City assign another school resource officer to the District beginning in the 2022-2023 school year; and WHEREAS, the District has also requested that the City assign additional officers in the future to ensure that each school is able to have a school resource officer on site; and WHEREAS, the additional school resource officer positions will be new full time equivalent officers and will not reduce the Police Department's current staffing levels; and WHEREAS, on August 2, 2022, the Arkansas School Safety Commission released its Interim Report with findings and recommendations including the following from the Law Enforcement and Security Subcommittee which is chaired by Washington County Sheriff Tim Helder: • Recommendation 1: No campus should ever be without an armed presence "AT ALL TIMES" when staff and children are attending class or a major extracurricular activity. City of Fayetteville, Arkansas Page 1 Printed on 811812022 File Number: 2022-0707 • Recommendation 2: If financially practicable, school should ideally have at least one SRO for each campus. • Recommendation 3: School districts should execute a Memorandum of Understanding (MOU) with their partnering law -enforcement agencies that identify the roles and responsibilities of SROs and other critical elements. • Recommendation 4: SROs whose primary assignment is within the school should receive specialized training. 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 approves the addition of a new full time equivalent officer position for the Police Department to be assigned to the Fayetteville Public School District in accordance with the memorandum of understanding required by Ark. Code Ann. § 6-10-128. 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, to fund the new position. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to approve the addition of two new full time equivalent officer positions every year beginning in 2023 and authorize those positions to be assigned to the Fayetteville Public School District as school resource officers until each school is able to have an officer on site. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby approves up to $3,000.00 for each School Resource Officer for the 2022-2023 school year to be used for tuition or education costs to enable that School Resource Officer to obtain a Social Work Certification or for college level classes toward earning a degree in Social Work or Counseling. City of Fayetteville, Arkansas Page 2 Printed on 811812022 Legistar ID No.: 2022-0707 AGENDA REQUEST FORM FOR: Council Meeting of August 16, 2022 FROM: Council Member Holly Hertzberg ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO APPROVE THE ADDITION OF A NEW FULL TIME EQUIVALENT POLICE OFFICER POSITION TO BE ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT AS A SCHOOL RESOURCE OFFICER BEGINNING IN THE 2022-2023 SCHOOL YEAR, AND TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD TWO NEW SCHOOL RESOURCE OFFICER POSITIONS EACH YEAR THEREAFTER UNTIL EVERY SCHOOL IN THE DISTRICT IS ABLE TO HAVE AN OFFICER ON SITE EACH SCHOOL DAY APPROVED FOR AGENDA: ILI2Z City Council Member Date Holl r Hertzberg -- K 2- Asst. City Attorney Blake Pennington Date Approved as to form Pennington, Blake From: Hertzberg, Holly Sent: Tuesday, August 2, 2022 1:12 PM To: Pennington, Blake Subject: Re: Agenda Request - SROs Thank you Blake! I am attaching my memo below. Let me know if you would prefer this as a word pdf on letterhead. I am bringing forward this ordinance in order to ensure the safety and security of students, faculty, and staff within the Fayetteville Public Schools. As we were tragically reminded on May 24th, school violence is a prominent threat that needs to be taken seriously; the City of Fayetteville has a responsibility to ensure all possible measures are in place to prevent and defend against this type of evil. According to the Arkansas School Safety Commission, "No campus should ever be without an armed presence "AT ALL TIMES" when staff and children are attending class or a major extracurricular activity." Fayetteville Public School District has six school resource officers covering fifteen schools which means we are severely behind in meeting the recommendations of the Arkansas School Safety Commission; this ordinance will bring us one step closer to meeting these important safety goals. Thank you for all your work on this! Holly Hertzberg From: Pennington, Blake <bpennington@fayetteville-ar.gov> Sent: Tuesday, August 2, 2022 9:03 AM To: Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov> Subject: RE: Agenda Request - SROs Holly, I meant to send the draft recommendations to you as well in case it will help with your email/memo. Thanks, Blake Blake .E. Pennington Assistant City Attorney Tele: (479) 575-8313 h�e� n,,ing(onfc�iI .cveviIle-ar. ggv_ From: Pennington, Blake Sent: Monday, August 1, 2022 1:41 PM To: Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov> Subject: Agenda Request - SROs Holly, Attached is a revised draft of the resolution for your review. I'll have an agenda request form for you once we finalize everything. Please let me know if you need anything else in the meantime. Thanks, Blake Blake E. Pennington Assistant City Attorney 113 W. Mountain St., Suite 302 Fayetteville, Arkansas 72701 Telephone: (479) 575-8313 �] )� ellillll��ii�ll.<<'ii�ll�VV�jc:-E13'.°l3V •l QFpICE 01: THE CITY ATTOIXIVEY Facebook I Twitter I Instagram I YouTube Law Enforcement and Security Subcommittee Interim Report: Recommenda#ion is No campus should ever be without an armed presence "AT ALL TIMES" when staff and children are attending class or a major extracurricular activity. We anticipate recommending the addition, "AT ALL TIMES", to the full Commission. While 84% of school districts indicated they have armed presence on all campuses in the 2019 School Safety Assessment, discussion pertaining to the accuracy of this survey question generated the need to clarify what a "campus" is. In 2018, the intent of our subcommittee was to have armed security within each building, i.e. Elementary School, Middle School, Junior High School and High Schools. This subcommittee is of the opinion school districts did not fully understand our intent. Consequently, a more descriptive question was included in the 2022 School Safety Assessment and the results will provide more meaningful information. With initial reports and anecdotal evidence, we believe that most school districts do not have an armed presence in every school. Either districts could not afford the cost of School Resource Officers (SROs) or Commissioned School Security Officers (CSSOs) or the district was opposed to arming additional personnel (SROs or CSSOs). In the 2019 School Safety Assessment, while 79% of districts indicated having at least one SRO, only 20% of the districts indicated they had an SRO on all campuses. Only 20 districts indicated that they have established CSSO programs. Compounding this issue further, if there is an armed presence, it is periodically interrupted due to the SRO (if only one) having responsibilities elsewhere in the district, or other responsibilities within the community that remove them from the school. There will be questions on the 2022 School Safety Assessment that will provide additional data to better determine the scope of this issue and help direct any additional recommendations. When reflecting upon the Uvalde, Texas school shooting, it is possible that had armed security been inside the school when the attack began, the shooter may have been thwarted, perhaps before ever entering the school. This subcommittee believes very strongly that an armed presence in every school within a district is a must. The committee gave several options for school districts to explore in their efforts to provide their students with armed security. These options will be reviewed in this report. Recommendation 2: If financially practicable, schools should ideally have at least one SRO for each campus. Progress Made. Based on data from the Arkansas Center for School Safety, there are now 460 SROs throughout the state, with 223 total districts using SROs. The number of SROs (315) has increased significantly since the initial survey conducted by the Commission. However, at the time of the initial school safety assessment, only 20% of districts indicated they had SROs on all campuses. The financial practicability of having an SRO on each -24- "campus" should be better answered in upcoming survey after the definition of "campus" was clarified. This recommendation dovetails with the first requiring armed security on every school campus within a district. Because this recommendation states, if financially practicable, the committee is signaling that this is an important goal, but it is not as crucial as having some form of armed security in every school. Obviously having a school resource officer on a campus does provide armed security, but it also provides the campus with a valuable tool. When properly trained a SRO can build bridges between students and the police that can be incredibly beneficial in helping to provide and increase the level of security for the school. We recognize that a SRO can be a powerful mentor and role model for the students they serve. They can also play an important role when schools are training staff to recognize and react to security threats. If funding can be found, placing a SRO in every school is recommended. Recommendation 3: School districts should execute a Memorandum of Understanding (MOU) with their partnering law -enforcement agencies that identify the roles and responsibilities of SROs and other critical elements. This recommendation became law with the passing of Acts 551 and 622 of the 2021 regular session and requires a school district that accepts a SRO to enter into a memorandum of understanding with the law enforcement agency having jurisdiction. The University of Arkansas System's Criminal Justice Institute and Arkansas Center for School Safety (the Center) in collaboration with other key stakeholders including DESE's Safe Schools Committee developed a model MOU that must be used by school districts when obtaining the services of a SRO from a local or county law enforcement agency. School districts that form an institutional police department must use this model MOU to develop mirroring policies and procedures for any sworn police officers on campus during the instructional day (SROs). A copy of the model SRO MOU can be found at www.a rsa fesc h o o f s.co+ n. Recommendation 4_ SROs whose primary assignment is within the school should receive specialized training. Acts 551 and 622 also include training requirement for all SROs. These include, a 40-hour basic SRO course, Youth Mental Health First Aid certification every four years, a SRO refresher course every five years after completing the basic SRO course and 12 hours of continuing education in school safety annually. In addition, superintendents and administrators with direct supervision responsibilities of a SRO must take a course on SRO roles and responsibilities. The Arkansas Center for School Safety (the Center) provides all needed courses (in -person and online) for SROs or administrators (www.Ersafescl7oa1s.cnrn) to meet these requirements. The Center is responsible for ensuring compliance in these laws and a district can lose the ability to use a SRO if these training requirements are not met. -25- We anticipate recommending a requirement that at least all SROs and CSSOs participate in regular Active Shooter training (i.e. ALERRT). Advanced Law Enforcement Rapid Response Training (ALERRT) The ALERRT Center at Texas State University is one of the most widely accepted active attack programs in the nation. ALERRT was created at Texas State University in 2002 as a partnership between Texas State University, the San Marcos, Texas Police Department and Hays County, Texas. BY 2013, ALLERT at Texas State was named as the National Standard in Active Shooter Response Training by the FBI. Since 2002, ALERRT has been awarded more than $72 million in state and federal grant funding. The program has trained more than 130,000 law enforcement and fire personnel nationwide in force -on -force scenario -based training. The ALERRT program is also responsible for training over 200,000 in the Civilian Response to Active Shooter Events (CRASE) Avoid -Deny -Defend awareness program. Please note many schools in Arkansas have received CRASE training from the Arkansas Center for School Safety and local and county law enforcement personnel across the state. The ALERRT program is data driven and research based. The staff uses in-depth after -action lessons learned through partnerships with agencies who have been involved in some of the most highly published events related to active shooter situations. ALERRT established a criminal justice research department to evaluate and enhance the overall understanding of active attack events and assist in improving best practices. Numerous state and federal agencies have accepted the ALERRT curriculum as their standard active shooter training. These states include, Texas, Mississippi, Alabama, Oklahoma, Iowa, Louisiana, Maryland, Georgia and Virginia. In addition, the New York Police Department, San Antonio Police Department, Miami Police Department, Memphis Police Department and the Atlanta Police Department are some of the major cities to adopt ALERRT as their standard. (Information obtained from the ALERRT gyve site.) Based on the Uvalde event as described in the Robb School Report, the ALERRT training program addresses most of the leadership and tactical failures identified. The Level 1 basic course is the backbone of the law enforcement instruction and designed to prepare the law enforcement officer to isolate, distract and neutralize an active shooter. The course covers shooting and moving, threshold evaluation, concepts and principles on team movement, setting up for and conducting room entries, approach and breaching areas, improvised explosive devices, and post engagement priorities of work. The course utilizes force -on -force scenarios as proof of instruction concepts. If these principles had been used in the Robb Elementary School shooting incident the outcome may have been much different. In 2018, ALERRT merged the three primary first responder disciplines (Police, Fire, and EMS), and developed an integrated response that includes emergency medicine, -26- coordinated command centers, stronger local, regional, state and national response preparedness and processes. With the addition of the integrated response system the ALERRT program is now a three -prong approach in providing active shooter event survival skills. They teach law enforcement the approach of stop the threat prior to anything else, they provide a civilian response course that teaches our civilian populace the skills to survive from the time the active attack starts until law enforcement officers neutralize the threat and the integrated response system that allows for immediate on -site lifesaving procedures. Additionally, ALERRT provides specific training in the following areas: 1. Active Shooter Incident Management: The course provides an overview of the incident command systems and the specific way to use the processes to integrate various stakeholders in the first hour of response to an active attack. 2. CRASE: This training platform focuses on civilians and is frequently requested by schools, businesses and hospitals. The civilian response to active shooter events provides resources in how to act if they are confronted with an active shooter event. 3. Civilian Response and Casualty Care: This course combines the civilian response to an active shooter with the Stop the Bleed Campaign, which empowers civilians to provide life saving medical aid before first responders ever arrive. 4. Breaching: The training provides hands on training to aid the first responder in approaching and breaching crisis site using traditional and non-traditional methods. The class discusses manual and ballistic breaching tools to gain immediate entry into a structure under extreme circumstances that demand immediate entry to save and protect lives. 5. Exterior Response to Active Shooters Events: The course is designed to prepare law enforcement for an open-air active attack encounter. It addresses tactics and techniques to be used in an exterior environment with an armed aggressor. 6. First Responder Medical: This is a train the trainer course that delivers a Tactical Medical for Patrol Officers course of study. This is a critical component in immediate life saving measures. 7. Solo Officer Rapid Deployment: The course provides the solo officer with knowledge, skills and mind set on how to isolate, distract, or neutralize an armed threat like an active shooter. ALERRT provides the most comprehensive instructional approach to the active attack event as any program in the nation. ALERRT is funded through the Department of Justice Bureau of Justice Assistance and is the most widely accepted active shooter program in our region and on a national platform. The State of Arkansas currently has over 400 certified ALERRT trainers who can provide immediate instruction in the majority of the eight ALERRT platforms. Furthermore, ALERRT is the active shooter standard curriculum for Arkansas -27- Commission on Law Enforcement Standards and Training academies in NW and Central Arkansas and ALETA in Camden. Recommendation-S.- If a school district authorizes the use of the CSSO program, that policies, protocols, training, and selection go above the minimum standards required, to Include standard psychological exams, random drug screening, extensive firearms handling training, and regular training with local law -enforcement. The CSSO program was authorized legislatively through Act 393 of 2015. We believe since the 2018 Commission's recommendation there has been a significant increase in the use of these programs. We are hopeful the latest survey will give us a much clearer picture. It will also let us know how many districts utilize enhanced requirements (such as psychological testing and random drug screening, etc.) that are above the Arkansas State Police (ASP) certification. The ASP is the regulatory agency that manages the Commission School Security Officer (CSSO) program. The ASP require new CSSOs to complete 60 hours of training encompassing active shooter training, live fire training, medical, and weapon retention. The ASP requires CSSOs to receive 24 hours of annual training encompassing the same curriculum as required in the initial 60-hour training. A background check is required every other year because CSSOs are required to renew their credentials on a biannual basis. The survey will ask districts if they are psychologically testing their new CSSOs and if they are using random drug testing. The subcommittee believes it is important for local law enforcement agencies to train with their public school and the school's CSSOs. We hope to gain a better understating through the survey, but based on anecdotal information it appears the CSSO program is being used by more districts every year. The subcommittee believes the Commission's CSSO model with enhanced requirements is an economical way of placing armed security within every school, in all of Arkansas's school districts and urges school leaders to consider a hybrid approach using CSSOs and SROs in order to provide every school with armed security redundancy. Recommendation 6: Schools should consider strategies that layer and build redundancy for optimal security. Much discussion has taken place as to the intent of this recommendation. Our subcommittee will likely recommend changing the word "consider" to "implement". We further believe, as it pertains to our mission, layering and redundancy are critical. This recommendation is meant to stress the importance of designing into a district's plan for armed security, a method of insuring that, in the event the individual(s) providing armed security are absent, there is another person available to provide the armed security detail for the day. The original Commission's reason for Recommendation 6 was also to point out that, when possible, a school should have multiple people assigned to armed security on any given day. For our subcommittee, layering and redundancy speak to the critical need to -28- not only have armed, trained personnel (SROs and/or CSSOs) present in each building, but to have multiple in each building for "layering". When utilizing SROs redundancy means having plans in place to have "substitutes" step in when they are absent, just like when a teacher calls in sick. The subcommittee believes schools are best served with law enforcement providing security, but this may be a struggle to accomplish given the level of funding necessary to provide every school with a resource officer and the current retention and recruitment issues facing law enforcement agencies across the state. We anticipate recommending additional training for CSSOs, primarily Active Shooter (similar to SROs). This serves two purposes. One, it provides for redundancy; two, it assists the responders in a psychological way. Knowing others on the scene are going to react consistently. Recommendation 7: Arkansas's Commission on Law Enforcement Standards and Training (CLEST) should study the feasibility of school districts being allowed to establish their own law enforcement agencies. Act 629 of the 2019 regular session gave school districts the ability to appoint an institutional law enforcement officer, thereby creating a school police department. Since that time, at least 16 school districts have developed their own police departments. When the commission was gathering information to develop the 2018 report, Commission members heard from several school leaders that believed this model would best serve their districts. The 2022 Commission will use the 2022 School Safety Assessment to determine the number of districts that have since adopted this method of providing SROs for their schools. There have been several successful agencies thus far that have been established in larger school districts throughout the state. The survey will determine how many (SROs and CSSOs) are furnished "Go Bag" and if so, what equipment is furnished. We anticipate recommending the Commission add this vital equipment as a recommendation to our overall report. -29- City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 POLICE (200) 2022 Requestor: April Melton BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A RESOLUTION TO APPROVE THE ADDITION OF A NEW FULL TIME EQUIVALENT POLICE OFFICER POSITION TO BE ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT AS A SCHOOL RESOURCE OFFICER BEGINNING IN THE 2022 2023 SCHOOL YEAR, AND TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD TWO NEW SCHOOL RESOURCE OFFICER POSITIONS EACH YEAR THEREAFTER UNTIL EVERY SCHOOL IN THE DISTRICT IS ABLE TO HAVE AN OFFICER ON SITE EACH SCHOOL DAY. AND APPROVAL OF A BUDGET ADJUSTMENT. RESOLUTION/ORDINANCE COUNCIL DATE: 8/1 6/2022 LEGISTAR FILE ID#: 2022-0707 KeAvLwSpv'iv� 8/4/2022 12:06 PM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 8/16/2022 CHKD/POSTED: TOTAL 40,000 40,000 v.20220718 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.200.2940-5102.10 14,715 - EX Uniformed Salaries - Uniformed 1010.200.2940-5103.10 337 - EX Uniformed Overtime - Uniformed 1010.200.2940-5105.01 219 - EX Payroll Taxes - Medicare 1010.200.2940-5108.00 2,842 - EX Emp Insurance - Health 1010.200.2940-5108.01 47 - EX Emp Insurance - LTD 1010.200.2940-5108.02 3 - EX Emp Insurance - ADD 1010.200.2940-5108.03 51 - EX Emp Insurance - Life 1010.200.2940-5109.03 3,914 - EX Pension - LOPFI Police 1010.200.2940-5302.00 17,872 - EX Uniforms/Personal - Equipment 1010.200.2940-4401.05 - 23,400 RE Reimbursements - SRO Salary 1010.001.0001-4999.99 - 16,600 RE Use Fund Balance - Current H:\Budget Adjustments\2022_Budget\CITY COUNCIL\08-16-22\2022-0707 BA School Resource OfficerAsm 1 of 1 IWA CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan Fayetteville City Council Members FROM: Chief Mike Reynolds DATE: August 15, 2022 SUBJECT: School Resource Officer Arrest/Citation Statistics and Budget The foremost duty of a School Resource Officer is to protect the students and staff of the Fayetteville Public Schools. School Resource Officers collaborate with educators on issues of discipline when those matters endanger the lives of the students or involve criminal offenses. As outlined in the Memorandum of Understanding between the Fayetteville Police Department and the Fayetteville Public Schools, School Resource Officers are not disciplinarians and do not involve themselves in routine matters of school discipline. They are instructors and informal counselors, and they perform law enforcement functions as needed. The mere presence of a School Resource Officer in deterring both violent and non-violent crimes is immeasurable. While School Resource Officers attempt to detect and prevent unlawful actions, they do not involve themselves with disciplinary matters related to infractions of school rules. When School Resource Officers do become involved in issues of discipline that could endanger the lives of students or involve criminal offenses, they earnestly attempt to seek alternatives to arrest by working with school administrators, counselors, social workers, and family members. The goal of the juvenile justice system is to rehabilitate rather than to incarcerate. SCHOOL RESOURCE OFFICER ARREST DATA FOR THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT FOR THE 2021-2022 SCHOOL YEAR The tables and graphs on the following pages break down juvenile arrests and citations by: • How the contact with the School Resource Officer was initiated; • Post Arrest Disposition; • Criminal Offense Types; • Race; and • Age The final page explains the program cost breakdown between the City of Fayetteville and the Fayetteville Public Schools. A copy of the proposed 2022-2023 Memorandum of Understanding between the Fayetteville Police Department and the Fayetteville Public Schools is attached with this document. Mailing Address: 100 West Rock Street Fayetteville, AR 72701 www.fayetteviIIe-ar.gov REASON FOR SRO CONTACT 2021-2022 CITATION/ARREST ■Self -initiated ■ School Initiated ■ Complaint Driven Self -initiated School Initiated Complaint Driven 7 13 1 Origin of Contact with Student (2021-2022) School Initiated — The contact was initiated by the school via an administrator, teacher, counselor, social worker, or other school employee. Self -initiated — An SRO witnessed a fight in the hallways or other criminal act in progress. Complaint Driven - The complaint driven contact was made through some other person, such as a parent, student, witness, or victim. *excludes the 2020-2021 school year due to COVID-19 pandemic. Post Arrest Dispositions This decision is made by the Juvenile Intake Officer at the Juvenile Detention Center (JDC). Three options are available: • The juvenile is taken into physical custody and taken to JDC, • The juvenile is released via citation to the custody of their parent or guardian, or • If the student is an adult, and it is warranted, then they are transferred to the custody of the Washington County Detention Center. FA • School Resource Officers made three (3) arrests and issued eighteen (18) citations as result of eighteen (18) incidents during the 2021-2022 school year. • Three (3) of the twenty-one (21) arrests or citations occurred during one incident in September 2021. The incident involved numerous students involved in a large physical disturbance at Fayetteville High School. The incident required a response from multiple School Resource Officers, school administrators, Fayetteville Police Department patrol officers, and deputies from the Washington County Sheriff's Office to bring under control. • During a four-year period from 2016 to 2020, the School Resource Officers averaged nearly fifty (50) arrests or citations per year. The 2021-2022 school year resulted in 58% fewer arrests and citations than the four-year average. • Three (3) Terroristic Threatening arrests/citations and One (1) Disorderly Conduct arrest/citation were a result of threats made to Fayetteville Public Schools or Fayetteville Public School students. Three (3) BB guns with a realistic firearm appearance were seized during these arrests. • The only drug related citation was for simultaneous possession of opium and marijuana. • One (1) student was cited for Communicating a False Alarm after pulling a fire alarm during school. 2021-2022 Offenses Resulting in Arrests/Citations ■ Battery 3rd Battery 2nd ■ Assault 3rd Terroristic Threatening a Disorderly Conduct Aggravated Assault • Harassment Communicating a False Alarm ■ Drug Offense *This chart contains the primary offense for an arrest or citation. Some individuals may have been involved in multiple criminal acts resulting in an arrest or citation. Aggravated Assault 1 Harassment 1 Misdemeanor Felony Terroristic Threat 5 Drug Offense 1 16 5 Battery 2"d 1 Disorderly Conduct 4 Battery 3rd 6 Communicating a False Alarm 1 Assault 3rd 1 3 RACE OF OFFENDER 2021-2022 ARRESTS/CITATIONS Other 10% Hispanic 9% Black 43% RACE OF VICTIM 2021-2022 ARRESTS/CITATIONS Hispanic 8% white White 38% 38% Black 54% White Black Hispanic Other White Black Hispanic j Other 8 9 2� 2 5 7 1 L--O *The number of victims does not equate to the number of arrests because some crimes are considered offenses against the state. Examples might include threats against the school, drug offenses, and disorderly conduct. AGE OF OFFENDER 2021-2022 ARRESTS/CITATIONS 12 17 5% 16 19% 15 33% t YO 14 10% Twelve Thirteen Fourteen Fifteen Sixteen Seventeen 1 4 2 7 4 3 0 7 students were arrested or cited who were fourteen -years -of -age or younger. The following summarizes the details resulting in each arrest or citation: • A twelve -year -old student was cited and released to their parent for Terroristic Threatening after making a verbal threat to "shoot up the school and saying, "I'm going to kill people." ■ A thirteen -year -old student was cited and released to their parent for Disorderly Conduct after bringing a fake firearm to school. The replica firearm was tucked into the student's waistband. ■ A thirteen -year -old student was cited and released to their parent for Terroristic Threatening after sending electronic communications to another student saying they were going to "kill them." The student also sent a picture while holding a gun to another student. • A thirteen -year -old student was cited and released to their parent for Harassment after having a pocketknife at school and chasing students with it. The student also damaged a school computer with the pocketknife. ■ A thirteen -year -old student was cited and released to their parent for Battery 3rd after a physical assault of a teacher resulting in injury. • A fourteen -year -old student was cited and released to their parent for Battery 3rd after repeatedly striking another student in the face with a closed fist. The student also grabbed a pair of scissors during the incident and swung them at the victim multiple times. • A fourteen -year -old -student was cited and released to a parent for Disorderly Conduct after a large disturbance at the school. The student refused to comply with any direction from school administration or law enforcement during a very chaotic large disturbance. The student repeatedly attempted to access locked school doors to assault another student involved in the original disturbance. In order to control the student's behavior and render the school safe, the student was arrested. 5 Beginning with the 2021-2022 school year, School Resource Officers assigned to Fayetteville Public Schools implemented a new practice of Student Referrals to reduce the number of students arrested or cited in schools. School Resource Officers utilize Student Referrals in lieu of an arrest or citation when a criminal offense has been committed. Instead of an arrest or citation, the student offender is referred to FPS administration for possible school discipline. These Student Referrals are for criminal offenses only and do not include traffic tickets, parking tickets, or status offenses. During the 2021-2022 school year the School Resource Officers referred 102 student offenders back to school administration in lieu of arrests. REASON FOR SRO CONTACT 2021-2022 STUDENT REFERRALS Self -initiated School Initiated ■ Complaint Driven Self -initiated School Initiated Complaint Driven 24 76 2 RACE OF OFFENDER 2021-2022 STUDENT REFERRAL Hispanic Other 9% 2%r, Black 50 White 39% White Black Hispanic Other 38 49 9 6 "The number of victims does not equate to the number of refefrals because some crimes are considered offenses against the state. Examples might include threats against the school, drug offenses, and disorderly conduct. Origin of Contact with Student (2021-2022) School Initiated — The contact was initiated by the school via an administrator, teacher, counselor, social worker, or other school employee. Self -initiated — An SRO witnessed a fight in the hallways or other criminal act in progress. Complaint Driven - The complaint driven contact was made through some other person, such as a parent, student, witness, or victim. RACE OF VICTIM 2021-2022 STUDENT REFERRAL Other Hispanic 3% 7%n Black 60 White 30% White Black Hispanic Other 20 40 5 2 R 2021-2022 Offenses Resulting in Student Referrals ■ Terroritic Threatening Assualt 3rd ■ Drug Offenses ■ Disorderly Conduct Burglary ■ Carrying a Weapon ■ Criminal Mischief ■ Public Intoxication ■ Battery 3rd Theft of Property ■ Sexual Indecency Trespassing *This chart contains the primary offense for a referral. Some individuals may have been involved in multiple criminal acts during a student referral. Terroristic Threat 4 Burglary 4 Battery 3rd 50 Assault V 18 Carrying a Weapon 1 Theft of Property 5 Drug Offense 5 Criminal Mischief 4 Sexual Indecency 1 Disorderly Conduct 6 Public Intoxication 3 Trespassing 1 7 AGE OF OFFENDER 2021-2022 16 20% STUDENT REFERRALS 23% 18 11 12 17 1% Qo/ 13 14 Eleven Twelve Thirteen Fourteen Fifteen Sixteen Seventeen i Eighteen 1 7 15 26 24 20 8 1 1 Total SRO Student Contacts 2021-2022 Student Referrals 102 Student Referrals Citations ■ Arrests J Citations Arrests 9 2016 City Expense $463,675.00 FPS Reimbursement $168,884.00 Net City Expense $ 294,791.00 SRO Expenses and FPS Reimbursement 2017 2018 2019 2020 $464,828.00 $524,613.00 $540,327.00 $664,255.00 $181,734.00 $ 219,368.00 $ 255,721.00 $ 289,986.00 $ 283,094.00 $ 305,245.00 $ 284,606.00 $ 374,269.00 2021 2022 - YTD $612,115.00 $422,893.69 $ 338,433.95 $189,851.14 $ 273,681.05 $ 233,042.55 As specified in our agreement with Fayetteville Public Schools, School Resource Officers are assigned to work on Fayetteville Public School campuses for 178 days of the school calendar with the remaining 82 workdays scheduled with the Fayetteville Police Department. Any hours worked by School Resource Officers on Fayetteville Public School campuses or Fayetteville Public School related activities in excess of eight hours per day is reimbursed at the officers' overtime rate. E WL-DE"111DIVISION OF ELEMENTARY & SECONDARY EDUCATION *oi UfA 10 UNIVERSITY OF ARKANSAS SYSTEM CRIMINAL JUSTICE INSTITUTE CENTER R SCHOOL ARKANSAS C R FOR C OOL SAFETY School Resource Officer (SRO) Memorandum of Understanding This Memorandum of Understanding (MOU) between Fayetteville Public Schools (FPS) and the Fayetteville Police Department (FPD) is executed when signed by all necessary parties. This MOU establishes the needed commitment and support from both institutions. It provides guidelines and policies relevant to the performance of the School Resource Officer (SRO). An SRO is a sworn law enforcement professional assigned to a public school campus during the instructional day or employed by a school district/open enrollment charter school. This MOU will serve as a document that SROs, school administration, the law enforcement agency, students, parents and/or caregivers may refer to for structure and accountability. This MOU shall be reviewed, updated, and signed annually by the administrations of the school district/open enrollment charter school and the law enforcement agency. The school administration welcomes recommendations from all community stakeholders, including parents/caregivers, students, teachers, the assigned SRO, other law enforcement personnel, and members of the community. Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation that exists between the school district/open enrollment charter school, the law enforcement agency, and the local community. I. Purpose The purpose of the MOU is to establish the mission of the School Resource Officer program (SRO program), and provide for an understanding between the school district/open enrollment charter school and the law enforcement agency that the success of the SRO program is a cooperative effort. Additionally, the MOU clarifies roles and expectations of the SRO and formalizes the relationship between the school district/open enrollment charter school and the law enforcement agency. Following the guidelines as established within the MOU will help in building a positive relationship between law enforcement officers, school staff, and students; support a safe and positive learning environment; and potentially decrease the number of youth formally referred to the juvenile justice system. II. Mission The mission of the School Resource Officer program is to promote school safety by establishing a safe, supportive, and orderly environment that maximizes collaboration for the enhancement of student learning and success. Page 1 of 11 III. Goals of the SRO Program The SRO, SRO supervisor(s), and school officials will collaborate to reduce school violence by: a) Ensuring a safe learning environment for students, teachers, and staff. b) Fostering a positive school climate based on respect for all children and adults in the school. c) Creating partnerships with community stakeholders and other care providers in the community for the benefit of students, staff, and families. d) Reducing crime committed by and against youth on campus or in the community e) Establishing a trusted channel of communication with students, parents, and teachers through observation and engagement. f) Ensuring SROs serve as a positive role model to instill in students: 1. Good ethical standards, 2. Respect for others, and 3. Sincere concern for the school and community. IV. Chain of Command a) A SRO shall be assigned to a school, or multiple schools, during the instructional day. During the hours that school is in regular session, the SRO may also be assigned additional responsibilities by the law enforcement agency in emergency type/critical incident situations that may require the SRO to leave campus. The law enforcement agency recognizes that removing an officer from the school campus causes difficulty in the school and will only do so when absolutely needed. b) The SRO operates under the supervision of the law enforcement agency. When a situation arises within the school that is determined to be criminal in nature, the SRO will notify his/her law enforcement agency supervisor and school administration. c) Minor offenses committed on school property can and often should be handled internally within the school without filing criminal charges. Each situation will have unique factors to consider. When practical, the SRO should consult with a member of the school administration (superintendent or principal) concerning arrests for minor offenses. Offenses, such as fighting or vulgar language, that do not involve physical injury may be considered school discipline issues and often handled internally by school officials rather than law enforcement. V. Roles and Responsibilities This SRO program is intended to be unique to the community, based on input from the school district/open enrollment charter school administration, teachers, faculty, students, families and community members. a) SRO Roles — The SRO Program is designed for the SRO to fulfill three overall roles: 1) Law 2 1 P a g e SRO Model MOU 2022 0 �,S"l Enforcement Officer; 2) Mentor/ Informal Counselor; (3) Educational Resource. 1. Law Enforcement Officer Role The SRO in this role provides public safety within the established school boundaries through motorized and foot patrol. The SRO collaborates with the school district/open enrollment charter school administration in developing or updating emergency crisis/critical incident response plans as well as plans for the training of students and staff on various issues. The SRO should establish himself/herself as a resource for students, teachers, parents, and other school staff, while maintaining his/her status as a law enforcement officer. SROs are certified law enforcement officers and shall carry a firearm at all times. When working at the school, or extra -curricular activities and events, officers will be in the approved FPD uniform. All officers will take law enforcement action when appropriate, which may include warnings, citations, or arrests. SROs will follow FPD policies and procedures regarding the use of force. A copy of FPD's applicable policies and general orders are attached to this MOU and incorporated by reference. 2. Mentor/Informal Counselor Role One of the primary roles the SRO will fulfill is fostering a positive school climate through relationship building and crime prevention. The SRO will engage in various activities, in consultation with school administration, teachers, and students. He or she should strive to build a school culture of open communication and trust between and among students, law enforcement, and school staff. The SRO should focus on getting to know students at the school, serving as a role model, and working with teachers and administrators to identify students who may be facing challenges at school (such as bullying), at home, or both, and need additional resources or attention to be successful in school. 3. Educational Resource In this role, the SRO should participate in the school community by becoming a member of the educational team. This will provide the SRO a method to build positive relationships with students, their families, and school staff. Whether talking to students in the hallway, in the lunchroom, or delivering a presentation in the classroom, the SRO should become embedded in the education fabric within the school. Presentation materials to be used in the classroom must first be approved in accordance with the districts selection of instructional materials policy. 31Page SRO Model MOU 2022 �4 4. Clarifications of the SRO's role in: • Responding to Criminal Activity A role of the SRO, as a law enforcement professional, is to enforce criminal and traffic laws. The SRO will have the authority under Arkansas law to issue warnings and use alternatives to arrest at their discretion. • School Policy Violations School faculty and staff, not the SRO, should always handle violations of the school student code of conduct or rules that are not criminal matters. SROs are not school disciplinarians, but rather licensed peace officers charged with enforcement of all applicable local, state and federal laws within their jurisdiction. The SRO should not directly intervene in disciplinary incidents unless the situation directly affects an imminent threat to the health, safety, and security of the student or another person in the school.When intervening, the SRO will employ de-escalation techniques as appropriate. All school staff should receive training on the roles and responsibility of the SRO so there is a clear understanding that school discipline is the responsibility of the appropriate school staff. The SRO will report school policy violations through the proper channels to be handled by school administration. In this regard, it is the responsibility of the SRO to become familiar with the Student Handbook or Student Code of Conduct, but it is not the responsibility of the SRO to enforce the rules in these documents. • Transportation of students Officers will not transport a sick or injured child for medical assistance or provide escorts with police vehicles for school personnel. Locker, Vehicle, Personal, and Other Searches The SRO may conduct a search of a student's person, possessions, locker, or vehicle only where there is probable cause to believe the search will result in evidence that the student has committed or is committing a criminal offense. 4 1 P a g e SRO Model MOU 2022 The SRO will not ask a school employee to conduct a search for law enforcement purposes. The SRO may perform searches independent of the school administration only during emergency situations and where criminal activity is suspected. b) Primary Responsibilities The primary responsibilities of the SRO in an SRO Program include, but are not limited to 1. Patrolling the campus by vehicle if necessary but primarily on foot to reduce/prevent crime and help to provide a safe and secure learning environment. 2. Serving as an educational resource, and as a liaison between the school and the law enforcement agency. 3. Developing and maintaining mutually respectful relationships with students and staff to support a positive school climate. 4. Preparing for and providing classroom instruction on a variety of relevant topics. 5. Being proactive in creating and taking advantage of educational situations. (Note: school administrators are encouraged to leverage this resource.) 6. Preparing initial police reports of crimes committed on campus. 7. Taking enforcement action on criminal matters involving students, when appropriate. 8. Advocating for students and staff who are victims of crime 9. Attending school special events as needed. 10. Collecting and maintaining data on SRO activities (arrests, citations, educational programs, etc.) 11. Assisting the school safety coordinator or designated staff member in developing emergency response plans as well as strategies (such as training students and staff) to prevent and/or minimize dangerous events, such as an armed person(s) or active shooter on campus, hostage situations, student disturbances, and natural/man-made disasters. 12. Taking appropriate law enforcement action against individuals or unwanted guests who are at the school or a school function in accordance with the SRO's law enforcement authority. 13. Each day, the SRO supervisor or his or her designee, will communicate daily SRO staffing and absences to the school safety coordinator. If there are no SRO absences or staffing changes for the day, no daily report is necessary. 14. Each day, the SRO supervisor or his or her designee, will communicate a daily report of activity to the school safety coordinator. If there is no SRO activity for a day, no daily report is necessary. 15. Weekly the SRO supervisor, or his or her designee, will meet in -person with the school safety coordinator. 5 1 P a g e SRO Model MOU 2022 VI. Physical Restraint, Conducted Energy Weapons, or use of Chemical Aerosol Sprays Except in the case of a clearly unavoidable emergency in which a trained member of school personnel is not immediately available due to the unforeseeable nature of the situation, the physical restraint of a student shall only be used by a member of school personnel who is appropriately trained to administer physical restraint. a) The SRO should not be involved in the physical restraint of a student unless: 1. An officer makes a physical arrest, or 2. There is imminent danger of serious physical harm to the student or others; or 3. The SRO has received the appropriate training on the use of physical restraint in accordance with Ark. Code Ann. § 6-18-2401 et seq. As a sworn law enforcement officer, the SRO may intervene to de-escalate situations b) Physical intervention, including use of conducted energy weapons and _aerosol sprays, by the SRO will be undertaken in accordance with the law enforcement agency protocol and policies for the use of force. A SRO acting in the role of a school's behavioral intervention team member will respond in accordance with Ark. Code Ann. § 6-18-2401 et seq. c) Any use of force must be reported to the school administration and the SRO law enforcement supervisor. The rationale for the action must be fully documented by use of established reporting procedures, such as use of physical force to affect an arrest, or control a combative person. VII. Limits on Interrogations and Arrests a) A SRO may participate in the questioning of a student about conduct that could result in criminal charges. In accordance with established law enforcement procedure, a student must be informed of their Miranda rights in age -appropriate language before being questioned; this must be done in the presence of a parent or guardian if the student is under the age of 18. The student's parent(s) or guardian(s) should be allowed sufficient time to arrive at the school to be present for this process. Students under the age of eighteen (18) shall not be interrogated without a parent or guardian present. b) The Superintendent or other member of the school administration shall be notified if possible prior to an arrest of a student. The student's parent(s) or guardian(s) shall be notified of their Page SRO Model MOU 2022 student's arrest as soon as practical but always in a timely manner in accordance with Arkansas Law, including Ark. Code Ann. § 6-18-513. VIII. Role in Truancy Issues The SRO will not take an active role in truancy matters or in the tracking of truants. The SRO will act as a liaison between the school and law enforcement personnel should law enforcement involvement become necessary due to safety concerns and may assist in performing a safety or well-being check. IX. Student Educational Records and FERPA The school district/open enrollment charter school and the law enforcement agency acknowledge the benefit of appropriate information sharing for improving the health and safety of students but also the importance of limits on the sharing of certain types of student information by school personnel. The school district/open enrollment charter school and the law enforcement agency also acknowledge that there is a distinction between student information shared for law enforcement purposes and student information shared to support students and connect them with necessary mental health, community -based, and related services. Both parties agree to follow the Family Educational Rights and Privacy Act (FERPA). SROs are not deemed school officials by FPS and are, therefore, not entitled access to student information unless a proper FERPA release is signed, there is a subpoena, court order, statute, or other legal mechanism specifically granting the SRO access to student information. In emergency situations, it may be necessary to disclose protected student information to address a health or safety emergency. Such disclosure is permitted when required to protect the health or safety of the student or other individuals. This exception is limited to the period of the emergency and does not allow a blanket release of student educational records. Rather, these disclosures must be related to an actual, impending, or imminent emergency. X. Program Structure The SRO Program will consist of a law enforcement officer certified within the state of Arkansas who is an employee of FPD. The SRO will be assigned by the head of the law enforcement agency to work within FPS and will meet all requirements as set forth by FPS. 7 1 P a g e SRO Model MOU 2022 'P s �"' - XI. Selection and Financial Consideration a) The school district/open enrollment charter school administration and the head of the law enforcement agency may establish specific procedures governing the selection of the SRO. The school district/open enrollment charter school administration and the head of the law enforcement agency shall collaboratively establish the financial agreement necessary for the SRO program, including but not limited to salary, fringe benefits, training costs, and other foreseeable expenses. The specific financial agreements for each SRO shall be identified in Appendix A. XII. Supplies/Equipment In order to implement an effective SRO program and create a safe learning environment for students, the school district/open enrollment charter school and law enforcement agency will work in partnership to provide necessary supplies and equipment specified in Appendix A, including but not limited to: a) A designated private office (at least one per program/campus); b) Standard office equipment (i.e. computer, phone, internet connection, etc.); c) Standard law enforcement equipment (i.e. radio, transportation, lethal/non-lethal weapon, etc.); and d) Additional supplies, resources, and equipment as needed (i.e. uniforms, safety/first aid supplies, instructional resources, etc.). XIII. Training Requirements a) The SRO shall complete: 1) The forty (40) hour Basic School Resource Officer course within eighteen (18) months of being assigned to the public school district/open enrollment charter school. This course must be developed and provided, or approved, by the Arkansas Center for School Safety. 2) Within five (5) years of receiving the initial Basic School Resource Officer training, a sixteen (16) hour School Resource Officer Refresher training developed and provided, or approved, by the Arkansas Center for School Safety. 3) Certification in Youth Mental Health First Aid, which must be maintained and renewed every four (4) years if the SRO remains assigned to a school district/open enrollment charter school. 8 1 P a g e SRO Model MOU 2022 4) Twelve (12) hours annually of public school -specific continuing education developed and provided, or approved, by the Arkansas Center for School Safety. Other training required shall include, without limitation: • the roles and responsibilities of school resource officers in school districts/open enrollment charter schools; • laws that are specific to school districts/open enrollment charter schools; and • adolescent behavior and development. 5) A SRO who fails to complete any required training shall be unable to serve as a SRO until the training is completed. b) School District/Open Enrollment Charter School staff 1) A superintendent and principal who accept a SRO shall complete a one (1) hour School Resource Officer Roles and Responsibilities training developed and provided, or approved, by the Arkansas Center for School Safety, within nine (9) months of accepting the SRO. 2) A SRO shall not be assigned to a school district/open enrollment charter school where the superintendent and/or principal have not completed the required training, unless such assignment is short-term coverage for a SRO who is unavailable due to illness, training, vacation, or other similar short-term absence. c) Police Supervisor 1) Personnel directly responsible for supervising a SRO shall complete a one (1) hour School Resource Officer Roles and Responsibilities training developed and provided, or approved, by the Arkansas Center for School Safety within one (1) year of accepting the SRO and every two (2) years thereafter XIV. Program Review The school administration and the assigned law enforcement agency administration will meet before the beginning of each school year to determine the goals and objectives of the SRO program for the school district. The SRO Supervisor will provide monthly activity reports, and an annual written review of the SRO Program to the Fayetteville Public School Administration and to the Chief of Police or his/her designee. 9 1 P a g e SRO Model MOU 2022 Appendix A School Resource Officer (SRO) Financial Agreements The Fayetteville Public School District will pay expenses of assigned full-time police officers based on the following pay rate table: Positions Officer Name Basis Hourly Rate Overtime 1 Sergeant Shawn Allen Salary Only $ 35.80 $ 53.70 2 Corporal Chris Clardy Salary Only $ 32.89 $ 49.34 3 Corporal Matt Belk Salary Only $ 32.89 $ 49.34 4 Corporal Dane Hutsell Salary Only $ 32.89 $ 49.34 5 Corporal Malik Freeman Salary Only $ 24.63 $ 36.95 6 Officer Joseph Hall Salary Only $ 22.13 $ 33.20 Any 2021-2022 additions (Officer and/or Sergeant) Salary Only Min Max $19.25 $36.89 Min Max $28.88 $55.34 All rates are based on the officer and supervisor actual hourly rates of pay. Rates of pay will be revaluated annually, and any salary adjustments must be mutually agreed upon prior to implementation. 1. In cases where an officer assignment changes during the school calendar year, pay rates will automatically adjust to the newly assigned officer's pay rate. 2. The City of Fayetteville will bill the Fayetteville Public School District monthly for hours worked by each officer. 3. The officers will work 8 hours per day for the 178 days that school is in session. The school administrator will assign hours after consultation with the Chief of Police (or his designee). 4. The school district will pay the hourly rate per officer for the initial 8-hour work day and the overtime rate for additional hours worked for FPS outside of the initial 8-hour work day. 5. The City of Fayetteville will provide all other benefits for the officers, including, but not limited to, uniform, vehicle, workers compensation, insurance (if applicable), additional salary (if applicable), weapon and radio. 111Page SRO Model MOU 2022 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 110-23 File Number: 2023-673 2023 COPS HIRING PROGRAM MATCHING GRANT: A RESOLUTION APPROVING AN APPLICATION FOR A 2023 COPS HIRING PROGRAM MATCHING GRANT IN THE AMOUNT OF $250,000.00 TO FUND TWO SCHOOL RESOURCE OFFICERS FOR A PERIOD OF FOUR YEARS WITH THE $496,100.00 MATCHING REQUIREMENT SPLIT PROPORTIONALLY BETWEEN THE CITY AND FAYETTEVILLE PUBLIC SCHOOLS 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 an application for a 2023 COPS Hiring Program matching grant in the amount of $250,000.00 to fund two police officers to be assigned as school resource officers to the Fayetteville Public Schools for a period of four years with the $496,100.00 matching requirement to be paid by the City in the amount of $156,390.00 and by the Fayetteville Public Schools in the amount of $339,710.00. PASSED and APPROVED on May 2, 2023 Page 1 Attest: 6% Y .) r f ItiI.114.�4r.l.i. ara Paxton, -City ClerVireasurer lel- 901 it 9 i �.-.ti •� rrf'll�� 311 t i!1 1��,��ti Department of Justice (DOJ) Office of Community Oriented Policing Services (COPS Office) Washington, D.C. 20531 Name and Address of Recipient , State and Zip: Recipient UEI: CITY OF FAYETTEVILLE 113 WEST MOUNTAIN STREET FAYETTEVILLE, AR 72701 ZGAZNS4HKFY3 Project Title: FY13 UUK-3 Hiring Program Award Number: 15JCOPS-23-GG-04718-UHPX (CHP) (Solicitation Title: FY23 COPS Hiring Program Federal Award Amount: $250,000.00 Federal Award Date: 11/2/23 Awarding Agency: Office of Community Oriented Policing Services (Funding Instrument Type: Grant Opportunity Category: D Assistance Listing: 16.710 - Public Safety Partnership and Community Policing Grants Project Period Start Date: 10/1/23 Project Period End Date: 9/30/28 Project Description: The purpose of the COPS Hiring Program (CHP) program is to advance the practice of community policing through the hire or rehire of additional career law enforcement officers. Funding under this award program will be utilized by local law enforcement agencies to hire and rehire career law enforcement officers necessary to increase the jurisdiction's community policing capacity to prevent and disrupt crime and violence. Page: 1 of 19 Award Letter November 2, 2023 Dear Mike Reynolds, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Community Oriented Policing Services (the COPS Office) has approved the application submitted by CITY OF FAYETTEVILLE for an award under the funding opportunity entitled 2023 FY23 COPS Hiring Program. The approved award amount is $250,000. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by the COPS Office, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. HUGH CLEMENTS COPS Director Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/ Explore/LegalOverview/Civil Rig htsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. Page: 2 of 19 These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal -opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Award Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Recipient Information Recipient Name CITY OF FAYETTEVILLE UEI NS4HKFY3 113 WEST MOUNTAIN STREET City FAYETTEVILLE p/Postal Code 701 my/Parish Details Federal Award Date 11 /2/23 Award Number 15JCOPS-23-GG-04718-U H PX Federal Award Amount $250,000.00 ORI Number Street 2 State/U.S. Territory Arkansas Country United States Province Award Type Initial Supplement Number 00 Funding Instrument Type Grant Page: 3 of 19 Assistance Listing Assistance Listings Program Title Number 16.710 Public Safety Partnership and Community Policing Grants Statutory Authority The Public Safety Partnership and Community Policing Act of 1994, 34 U.S.C. § 10381 et seq. I I have read and understand the information presented in this section of the Federal Award Instrument. Project Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. olicitation Title 3 FY23 COPS Hiring Program pplication Number RANT13830747 Grant Manager Name TYLER TURNBULL Phone Number 202-445-6351 E-mail Address Tyler.Turnbull@usdoj.gov Project Title FY23 COPS Hiring Program (CHP) Performance Period Start Date 10/01 /2023 Budget Period Start Date 10/01 /2023 Project Description Awarding Agency COPS Performance Period End Date 09/30/2028 Budget Period End Date 09/30/2028 The purpose of the COPS Hiring Program (CHP) program is to advance the practice of community policing through the hire or rehire of additional career law enforcement officers. Funding under this award program will be utilized by local law enforcement agencies to hire and rehire career law enforcement officers necessary to increase the jurisdiction's community policing capacity to prevent and disrupt crime and violence. I have read and understand the information presented in this section of the Federal Award Instrument. Page: 4 of 19 Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. A financial analysis of budgeted costs has been completed. All costs listed in the approved budget below were programmatically approved based on the final proposed detailed budget and budget narratives submitted by your agency to the COPS Office. Any adjustments or edits to the proposed budget are explained below. Budget Clearance Date: 9/14/23 8:43 AM Comments No items Budget Category Proposed Change Approved Percentages Budget Budget Sworn Officer Positions: $448,843 $1 $448,844 Civilian or Non -Sworn Personnel: $0 $0 $0 Travel: $0 $0 $0 Equipment: $0 $0 $0 Supplies: $0 $0 $0 SubAwards: $0 $0 $0 Procurement Contracts: $0 $0 $0 Other Costs: $0 $0 $0 Total Direct Costs: $448,843 $1 $448,844 Indirect Costs: $0 $0 $0 Total Project Costs: $448,843 $1 $448,844 Federal Funds: $250,000 $0 $250,000 55.70% Match Amount: $198,844 $0 $198,844 44.30% Program Income: $0 $0 $0 0.00% Page: 5 of 19 Budget Category Sworn Officer Civilian Personnel Travel Equipment Supplies SubAwards Procurement Contracts Other Costs Indirect Costs [] I have read and understand the information presented in this section of the Federal Award Instrument. Other Award Documents I have read and understand the information presented in this section of the Federal Award Instrument. Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Reporting Subawards and Executive Compensation The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 — Award Term: I. Reporting Subawards and Executive Compensation a. Reporting of first -tier subawards. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non -Federal entity or Federal agency (see definitions in paragraph e. of this award term). 2. Where and when to report. i. The non -Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. Page: 6 of 19 ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting total compensation of recipient executives for non -Federal entities. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320; ii. in the preceding fiscal year, you received — (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and, iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first - tier non -Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received — (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: To the recipient Page: 7 of 19 ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f). 2. Non -Federal entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; and, iv. A domestic or foreign for -profit organization 3. Executive means officers, managing partners, or any other employees in management positions. 4. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 5. Subrecipient means a non -Federal entity or Federal agency that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)). 2 Restrictions on Internal Confidentiality Agreements: No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Consolidated Appropriations Act, 2023, Public Law 117-328, Division E, Title VI 1, Section 742. 3 Page: 8 of 19 Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and COPS Office authority to terminate award): The recipient and subrecipient agree to comply with the requirements in 2 C.F.R. § 175.15(b) —Award Term: I. Trafficking in persons. a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either — A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by DOJ at 2 C.F.R. Part 2867. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either— i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by DOJ at 2 C.F.R. Part 2867. c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended 22 U.S.C. 7104(g), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for -profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 0 Duplicative Funding: The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the same item or service also funded under this award. Page: 9 of 19 0 Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or in part, for the following reasons: (1) When the recipient fails to comply with the terms and conditions of a Federal award. (2) When an award no longer effectuates the program goals or agency priorities, to the extent such termination is authorized by law. (3) When the recipient agrees to the termination and termination conditions. (4) When the recipient provides the COPS Office written notification requesting termination including the reasons, effective date, and the portion of the award to be terminated. The COPS Office may terminate the entire award if the remaining portion will not accomplish the purposes of the award. (5) Pursuant to any other termination provisions included in the award. 2. C.F.R. § 200.340. 6 Award Owner's Manual: The recipient agrees to comply with the terms and conditions in the applicable 2023 COPS Office Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars. Failure to comply with one or more award requirements may result in remedial action including, but not limited to, withholding award funds, disallowing costs, suspending, or terminating the award, or other legal action as appropriate. Should any provision of an award condition be deemed invalid or unenforceable by its terms, that provision will be applied to give it the maximum effect permitted by law. Should the provision be deemed invalid or unenforceable in its entirety, such provision will be severed from this award. FA Authorized Representative Responsibility: The recipient understands that, in accepting this award, the Authorized Representatives declare and certify, among other things, that they possess the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accept (or adopt) all material requirements throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. ra Award Monitoring Activities: Federal law requires that recipients receiving federal funding from the COPS Office must be monitored to ensure compliance with their award conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing. Both aspects of award implementation —compliance and programmatic benefits —are part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office include site visits, enhanced office -based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. This includes all financial records, such as general accounting ledgers and all supporting documents. All information pertinent to the implementation of the award is subject to agency review throughout the life of the award, during the close-out process and for three -years after the submission of the final expenditure report. 34 U.S.C. § 10385(a) and 2 C.F.R. §§ 200.334 and 200.337. 9 Contract Provision: All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards. Please see appendices in the Award Owner's Manual for a full text of the contract provisions. Page: 10 of 19 10 Assurances and Certifications: The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its application. is Conflict of Interest: Recipients and subrecipients must disclose in writing to the COPS Office or pass -through entity, as applicable, any potential conflict of interest affecting the awarded federal funding in 2 C.F.R. § 200.112. 12 Debarment and Suspension: The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from participation in federal assistance programs. 2 C.F.R. Part 180 (Government -wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ Nonprocurement Debarment and Suspension). 13 Employment Eligibility: The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form (1-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603. ME Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information: Recipients and subrecipients agree not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority relating to a federal contract or award, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or award. Recipients and subrecipients also agree to provide to their employees in writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner's Manual for a full text of the statute. 15 Equal Employment Opportunity Plan (EEOP): All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan. 28 C.F.R. Part 42 subpart E. 16 False Statements: False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 31 U.S.C. § 3729-3733. irl Federal Civil Rights: The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition — a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise; Page: 11 of 19 c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204. The Applicant also understands that (in addition to any applicable program -specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith -based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). M•a Mandatory Disclosure: Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass -through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and are required to comply with the Term and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339. 2 C.F.R. § 200.113. WS] Reports/Performance Goals: To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting semi-annual programmatic performance reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R. §§ 200.328 - 200.329. The performance report is used to track your agency's progress toward implementing community policing strategies and to collect data to gauge the effectiveness of increasing your agency's community policing capacity through COPS Office funding. The Federal Financial Report is used to track the expenditures of the recipient's award funds on a cumulative basis throughout the life of the award. OU Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply with the following requirements of 2 C.F.R. Part 200, Appendix XII to Part 200 — Award Term and Condition for Recipient Integrity and Performance Matters: A. Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which You Must Report Submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five-year period; and c. Is one of the following: (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, Page: 12 of 19 reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. 4. Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non -judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. 21 System for Award Management (SAM) and Universal Identifier Requirements: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 — Award Term: I. System for Award Management and Universal Identifier Requirements A. Requirement for System for Award Management Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain current information in the SAM. This includes information on your immediate and highest level owner and subsidiaries, as well as on all of your predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until you submit the final financial report required under this Federal award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another Federal award term. Page: 13 of 19 B. Requirement for Unique Entity Identifier If you are authorized to make subawards under this Federal award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you until the entity has provided its Unique Entity Identifier to you. 2. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to you. Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier. C. Definitions For purposes of this term: 1. System for Award Management (SAM) means the Federal repository into which a recipient must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM internet site (currently at https://www.sam.gov). 2. Unique Entity Identifier means the identifier assigned by SAM to uniquely identify business entities. 3. Entity includes non -Federal entities as defined at 2 CFR 200.1 and also includes all of the following, for purposes of this part: a. A foreign organization; b. A foreign public entity; c. A domestic for -profit organization; and d. A Federal agency. 4. Subaward has the meaning given in 2 CFR 200.1. 5. Subrecipient has the meaning given in 2 CFR 200.1. 22 Additional High -Risk Recipient Requirements: The recipient agrees to comply with any additional requirements that may be imposed during the award performance period if the awarding agency determines that the recipient is a high - risk recipient. 2 C.F.R. § 200.208. 23 Supplementing, not Supplanting: State, local, and tribal government recipients must use award funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes (hiring, training, purchases, and/or activities) during the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office -funded item(s) in the absence of the COPS Office award. 34 U.S.C. § 10384(a). 24 Background Investigations: Recipients agree to ensure that each officer(s) hired with CHP funding will be subject to a background investigation, notify the COPS Office upon completion of the background investigation for each officer hired under the CHP award, and cooperate with the COPS Office and provide updates on the status of background investigations upon request. 2 C.F.R. § 200.208 If the COPS Office determines that CHP funds are being used to pay the salary and fringe benefits of an officer who has not undergone a background investigation, the COPS Office may temporarily suspend grant funds in accordance with 2 C.F.R. §200.339 until the agency can demonstrate the background investigation has been completed. 25 Evaluations: The COPS Office may conduct monitoring or sponsor national evaluations of its award programs. The Page: 14 of 19 recipient agrees to cooperate with the monitors and evaluators. 34 U.S.C. § 10385(b). 26 Modifications: Occasionally, a change in an agency's fiscal or law enforcement situation necessitates a change in its COPS Office CHP award. Award modifications under CHP are evaluated on a case -by -case basis in accordance with 2 C.F.R. § 200.308. For federal awards in excess of $250,000, any modification request involving the reallocation of funding between budget categories that exceed or are expected to exceed 10 percent (10%) of the total approved budget requires prior written approval by the COPS Office. Regardless of the federal award amount or budget modification percentage, any reallocation of funding is limited to approved budget categories. In addition, any budget modification that changes the scope of the project requires prior written approval by the COPS Office. In addition, please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds. In addition, modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category and/or reduce the total number of positions awarded. For example, if an agency was awarded CHP funding for two new, additional sworn officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire category for officers laid off or scheduled for layoff on a specific future date post -application, the agency would have to request a modification. The COPS Office will only consider a modification request after an agency makes final, approved budget and/or personnel decisions. An agency may implement the modified award following written approval from the COPS Office. Please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds. During the CHP award period, it may become necessary for an agency to modify its CHP award due to changes in an agency's fiscal or law enforcement situation. Modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category, reduce the total number of positions awarded, shift funds among benefit categories, and/or reduce the entry- level salary and fringe benefit amounts. For example, an agency may have been awarded CHP funding for 10 new, additional full-time sworn officer positions, but due to severe fiscal distress/constraints, the agency determines it is unable to sustain all 10 positions and must reduce its request to five full-time positions; or an agency may have been awarded CHP funding for two new, additional sworn officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire category for officers laid off or scheduled for layoff on a specific future date post -application. Award modifications under CHP are evaluated on a case -by -case basis. The COPS Office will only consider a modification request after an agency makes final, approved budget and/or personnel decisions. An agency may implement the modified award following written approval from the COPS Office. Please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds. 27 Retention: At the time of award application, your agency committed to retaining all sworn officer positions awarded under the CHP award with state and/or local funds for a minimum of 12 months following the conclusion of 36 months of federal funding for each position, over and above the number of locally -funded sworn officer positions that would have existed in the absence of the award. Your agency cannot satisfy the retention requirement by using CHP-funded positions to fill locally -funded vacancies resulting from attrition. 34 U.S.C. § 10382 (c)(8). 28 Local Match: COPS Hiring Program award recipients are required to contribute a local match of at least 25 percent towards the total cost of the approved award project, unless waived in writing by the COPS Office. The local match must be a cash match from funds not previously budgeted for law enforcement purposes and must be paid during the award period. The local match contribution must be made on an increasing basis during each year of the three-year award period, with the federal share decreasing accordingly. 34 U.S.C. § 10381(g). 29 School Resource Officer (SRO) Training Requirement: COPS Office -funded SRO(s) are required to complete an SRO 40-hour basic training course from a list of COPS Office approved provider(s). Training must be completed no later than nine months after the date shown on the award congratulatory letter or six months from the SRO hire date; whichever comes first. If a COPS Office -funded SRO leaves the recipient agency after completing the training, the recipient agrees to pay for the new SRO, who is assigned to backfill this position, to attend a 40 hour basic training Page: 15 of 19 course. The new SRO must complete the training no later than nine months after being placed in the school. If the officer has completed 40-hour basic training within the last 12 months prior to the award date, the condition has been fulfilled. Any longer than 12 months will require the officers to retake the course. The agency must coordinate with the training provider if they want funds to cover registration and travel costs. 30 Extensions: Your agency may request an extension of the 60-month award performance period to receive additional time to implement your award program. Such extensions do not provide additional funding. Any request for an extension will be evaluated on a case -by -case basis. Only those recipients that can provide a reasonable justification for delays will be granted no -cost extensions. Reasonable justifications may include difficulties in filling COPS Office - funded positions, officer turnover, or other circumstances that interrupt the 36-month funding period. An extension allows your agency to compensate for such delays by providing additional time to complete the full 36 months of funding for each position awarded. Extension requests must be received prior to the end date of the award. 31 Contracts and/or MOUs with other Jurisdictions: Sworn law enforcement officer positions awarded must be used for law enforcement activities or services that benefit your agency and the population that it serves. The items funded under the CHP award cannot be utilized by other agencies unless the items benefit the population that your agency serves. Your agency may use items funded under the CHP award to assist other law enforcement agencies under a resource sharing, mutual aid, or other agreement to address multi -jurisdictional issues as described in the agreement. 32 Community Policing: Community policing activities to be initiated or enhanced by your agency and the officers funded by this award program were identified and described in your CHP award application. Your agency developed a community policing plan for the CHP award with specific reference to a crime or disorder problem and the following elements of community policing: (a) problem solving —your agency's plan to assess and respond to the problem identified; (b) community partnerships and support, including related governmental and community initiatives that complement your agency's proposed use of CHP funding; and (c) organizational transformation —how your agency will use the funds to reorient its mission to community policing or enhance its involvement in and commitment to community policing. Throughout the CHP award period, your agency is required to implement the community policing plan it set forth in the CHP award application. The COPS Office defines community policing as a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem -solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. CHP awards through the specific officers funded (or an equal number of redeployed veteran officers) must be used to initiate or enhance community policing activities. All newly hired additional or rehired officers (or an equal number of redeployed veteran officers) funded under CHP must implement your agency's approved community policing plan, which you described in your award application. 33 Career Law Enforcement Officer: Officer hiring funds may only be used to pay entry-level salaries and fringe benefits for full-time "career law enforcement officers" for 36 months. The COPS Office's statute defines a "career law enforcement officer" as "a person hired on a permanent basis who is authorized by law or by a State or local public agency to engage in or supervise the prevention, detection, or investigation of violations of criminal laws." 34 U.S.C. §10389(1). A recipient agency may use officer hiring funds to pay the salary and benefits of recruits while in academy training to become "career law enforcement officers" if it is the standard practice of the agency to do so with locally - funded recruits. The State of Alaska, and any Indian tribe or tribal organization in that State, may also use officer hiring funds for a "village public safety officer" defined as "an individual employed as a village public safety officer under the program established by the State pursuant to Alaska Statute 18.65.670." Tribal Law and Order Act of 2010, Pub. L. 111-211, title II, § 247 (a)(2). 34 Memorandum of Understanding Requirement (for School Resource Officers only) Recipients using award funding to hire and/or deploy School Resource Officers into schools understand and agree to the following: • Your agency must submit a signed Memorandum of Understanding (MOU) between the law enforcement agency and Page: 16 of 19 the school partner(s) to the COPS Office before obligating or drawing down funds under this award. The MOU must be submitted to the COPS Office within 90 days of the date shown on the award letter. • Your agency's MOU must contain the following information? o The purpose of the MOU o Clearly defined roles and responsibilities of the school district and the law enforcement agency, focusing officers' roles on safety o Information sharing o Supervision responsibility and chain of command for the SRO o Signatures Note: Please refer to the MOU Fact Sheet for a detailed explanation of the requirements under each of the bullets Your agency's implementation of the CHP award without submission and acceptance of the required MOU may result in expenditures not being reimbursed by the COPS Office and/or award de -obligation. 35 Allowable Costs Condition: The funding under this project is for the payment of three years (36 months) of approved full-time entry-level salaries and fringe benefits during the five-year (60 months) period of performance. The maximum federal share is $125,000 per officer position (unless a local match waiver is approved) for career law enforcement officer positions hired and/or rehired on or after the official award start date. Any salary and fringe benefit costs higher than entry-level that your agency pays a CHP-funded officer must be paid with local funds. Your agency is required to use CHP award funds for the specific hiring categories awarded. Funding under this program may be used for the following categories: • Hiring new officers, which includes filling existing officer vacancies that are no longer funded in your agency's budget; • Rehiring officers laid off by any jurisdiction as a result of state, local, or Bureau of Indian Affairs (BIA) budget reductions; and/or • Rehiring officers who were, at the time of award application, scheduled to be laid off (by your jurisdiction) on a specific future date as a result of state, local, or BIA budget reductions. If your agency's local fiscal conditions have changed and your agency needs to change one or more of the funded hiring categories, your agency should request an award modification and receive prior approval before spending CHP funding under the new category. The approved budget in the award package specifies the amount of CHP funds awarded to your agency. Please note that the salary and fringe benefit costs requested in your CHP application may have been adjusted or removed. Your agency may only be reimbursed for the approved cost categories up to the amounts specified in the approved budget. Only actual allowable costs incurred during the award period will be eligible for reimbursement and drawdown. If your agency experiences any cost savings over the course of the award (for example, your award application overestimated the total entry-level officer salary and fringe benefits package), your agency may not use that excess funding to continue salary payments to the officers beyond 36 months. Any funds remaining after your agency has drawn down for the costs of approved salaries and fringe benefits incurred for each awarded position during the 36-month funding period will be deobligated during the closeout process and should not be spent by your agency. 36 Advancing Department of Justice Priority Problem Focus Areas: This condition applies to agencies that selected one of the following priority crime problem/focus areas to address in their 2021 COPS Hiring Program (CHP) application: • Building Legitimacy and Trust • Violent Crime/Gun Violence • Combatting Hate and Domestic Extremism • Police -based Response to Persons in Crisis Your agency understands and agrees to the following: Your agency will implement the one specific community policing plan identified in your CHP award application? Your agency will address its specific priority crime problem throughout the entire CHP award period? Your agency will implement any organizational changes identified in its CHP award application; Your agency will cooperate with any award monitoring by the COPS Office to ensure that it is initiating or enhancing its community policing efforts to address its priority crime problem, which may include your agency having to respond to additional or modified reporting requirements. I have read and understand the information presented in this section of the Federal Award Instrument. Page: 17 of 19 Award Acceptance Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I -- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) 1 have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) 1 have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) 1 understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) 1 understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. Agency Approval Title of Approving Official Name of Approving Official Signed Date And Time COPS Director HUGH CLEMENTS 9/22/23 12:39 PM Autho ed Repr entative �io�n�ld raa a a� _ �i0�(e►n►ber 2A 12bZ-3 Page: 18 of 19 Page: 19 of 19 the school partner(s) to the COPS Office before obligating or drawing down funds under this award. The MOU must be submitted to the COPS Office within 90 days of the date shown on the award letter. • Your agency's MOU must contain the following information? o The purpose of the MOU o Clearly defined roles and responsibilities of the school district and the law enforcement agency, focusing officers' roles on safety o Information sharing o Supervision responsibility and chain of command for the SRO o Signatures Note: Please refer to the MOU Fact Sheet for a detailed explanation of the requirements under each of the bullets Your agency's implementation of the CHP award without submission and acceptance of the required MOU may result in expenditures not being reimbursed by the COPS Office and/or award de -obligation. 35 Allowable Costs Condition: The funding under this project is for the payment of three years (36 months) of approved full-time entry-level salaries and fringe benefits during the five-year (60 months) period of performance. The maximum federal share is $125,000 per officer position (unless a local match waiver is approved) for career law enforcement officer positions hired and/or rehired on or after the official award start date. Any salary and fringe benefit costs higher than entry-level that your agency pays a CHP-funded officer must be paid with local funds. Your agency is required to use CHP award funds for the specific hiring categories awarded. Funding under this program may be used for the following categories: • Hiring new officers, which includes filling existing officer vacancies that are no longer funded in your agency's budget; • Rehiring officers laid off by any jurisdiction as a result of state, local, or Bureau of Indian Affairs (BIA) budget reductions; and/or • Rehiring officers who were, at the time of award application, scheduled to be laid off (by your jurisdiction) on a specific future date as a result of state, local, or BIA budget reductions. If your agency's local fiscal conditions have changed and your agency needs to change one or more of the funded hiring categories, your agency should request an award modification and receive prior approval before spending CHP funding under the new category. The approved budget in the award package specifies the amount of CHP funds awarded to your agency. Please note that the salary and fringe benefit costs requested in your CHP application may have been adjusted or removed. Your agency may only be reimbursed for the approved cost categories up to the amounts specified in the approved budget. Only actual allowable costs incurred during the award period will be eligible for reimbursement and drawdown. If your agency experiences any cost savings over the course of the award (for example, your award application overestimated the total entry-level officer salary and fringe benefits package), your agency may not use that excess funding to continue salary payments to the officers beyond 36 months. Any funds remaining after your agency has drawn down for the costs of approved salaries and fringe benefits incurred for each awarded position during the 36-month funding period will be deobligated during the closeout process and should not be spent by your agency. 36 Advancing Department of Justice Priority Problem Focus Areas: This condition applies to agencies that selected one of the following priority crime problem/focus areas to address in their 2021 COPS Hiring Program (CHP) application: • Building Legitimacy and Trust • Violent Crime/Gun Violence • Combatting Hate and Domestic Extremism • Police -based Response to Persons in Crisis Your agency understands and agrees to the following: Your agency will implement the one specific community policing plan identified in your CHP award application? Your agency will address its specific priority crime problem throughout the entire CHP award period? Your agency will implement any organizational changes identified in its CHP award application; Your agency will cooperate with any award monitoring by the COPS Office to ensure that it is initiating or enhancing its community policing efforts to address its priority crime problem, which may include your agency having to respond to additional or modified reporting requirements. I have read and understand the information presented in this section of the Federal Award Instrument. Page: 17 of 19