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HomeMy WebLinkAbout272-24 RESOLUTIONFile Number: 2024-581 113 West Mountain Street Fayetteville , AR 72701 (479) 575-8323 Resolution: 272-24 2025 SELECTIVE TRAFFIC ENFORCEMENT PROJECT (GRANT ACCEPTANCE): A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2025 SELECTIVE TRAFFIC ENFORCEMENT PROJECT GRANT A WARD IN THE AMOUNT OF $40 ,600.00 , AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I : That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of a 2 025 Selective Traffic Enforcement Project (STEP) grant award in the amount of$40,600.00. Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby a pproves a bud get adjustment, a copy of which is attached to this Resolution , recognizing the revenue . PASSED and APPROVED on November 7, 2024 Page 1 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-581 MEETING OF NOVEMBER 7, 2024 TO: Mayor Jordan and City Council THRU: FROM: Mike Reynolds, Police Chief SUBJECT: FY2025 Selective Traffic Enforcement Project (STEP) Grant Award RECOMMENDATION: Staff recommends acceptance of the FY2025 Selective Traffic Enforcement Project (STEP) Grant Award and approval of a budget adjustment in the amount of $40,600. BACKGROUND: The Fayetteville Police Department has participated in STEP every year since its inception in 1998. For 26 years, Fayetteville has partnered through grant funding with the Arkansas Highway Safety Office to reduce the total number of motor vehicle crashes, injuries, and fatalities. Our primary strategy for reaching our mutual goals is through dedicated and diligent enforcement of occupant protection, DWI/DUI, speeding, and distracted driving laws. This is accomplished by dedicating patrol officer(s) to monitor STEP activity for a given period of time in known problem areas. This grant funding not only allows us to participate in directed traffic enforcement (speeding, DWI, Click It or Ticket protection mobilization, etc.), it also allows the Fayetteville Police Department to purchase additional equipment, provide child safety seat checkpoints, and provide a loaner child safety seat for those in need. DISCUSSION: The FY2025 STEP Grant Award for the Fayetteville Police Department is $25,600 in federal funding, which consists of $18,000 for enforcement and $7,600 for the purchase of portable breath testing equipment. The award also includes $15,000 in state grant funding for the purchase of child safety seats. Local in-kind matching funds in the amount of $11,000 are required for the FY2025 STEP Grant Award. In-kind expenses are defined as on-duty regular patrol shift hours dedicated to STEP activity. The FY2025 STEP grant will reimburse the Fayetteville Police Department for overtime hours dedicated to seatbelt, driving under the influence, speed, and distracted driving enforcement activities. The grant period for this award is October 1, 2024, to September 30, 2025. Furthermore, the Fayetteville Police Department budgets $15,000 annually to supplement and support the purchase of child safety seats for those in need. BUDGET/STAFF IMPACT: In-kind expenses in the amount of $11,000 are budgeted annually within our operating budget. Patrol officers will perform matching STEP activities while on duty, and no additional officers are required within the STEP grant. ATTACHMENTS: SRF (#3), BA (#4), SRM (#5), Award Documents - FY25 STEP Award (#6) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-581 FY2025 Selective Traffic Enforcement Project (STEP) Grant Award A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2025 SELECTIVE TRAFFIC ENFORCEMENT PROJECT GRANT AWARD IN THE AMOUNT OF $40,600.00, AND TO APPROVE A BUDGET ADJUSTMENT 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 acceptance of a 2025 Selective Traffic Enforcement Project (STEP) grant award in the amount of $40,600.00. 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, recognizing the revenue. City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division /Org2 POLICE (200) Adjustment Number 2024 Requestor:T Tannehill BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Establish revenue and expense accounts for the FY2025 Selective Traffic Enforcement Program (STEP) grant award. COUNCIL DATE:11/7/2024 ITEM ID#:2024-581 Holly Black 10/2/2024 2:54 PM Budget Division Date TYPE:D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED:/ v.2024926TOTAL40,600 40,600 Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 1010.200.2920-4309.01 -25,600 31607 2425.4309 RE Federal Grants - Operational 1010.200.2920-4302.01 -15,000 31607 2425.4302 RE State Grants - Operational 1010.200.2920-5120.00 18,000 -31607 2425.4309 EX Personnel Other - Contra 1010.200.2920-5210.00 7,600 -31607 2425.4309 EX Minor Equipment 1010.200.2920-5210.00 15,000 -31607 2425.4302 EX Minor Equipment -- -- -- -- -- -- -- -- -- -- -- -- -- 1 of 1 FY 2025 HIGHWAY SAFETY SUBGRANT AGREEMENT This project is not for the purpose of Research and Development. RECIPIENT GOVERNMENTAL UNIT State of Arkansas ARKANSAS STATE POLICE “SERVING WITH PRIDE AND DISTINCTION SINCE 1935” 1 State Police Plaza Drive Little Rock, Arkansas 72209-4822 www.asp.arkansas.gov Telephone: Fax:PROJECT NO: TAX ID NO: TYPE OF APPLICATION FAIN: UEI: PROJECT TITLE:INITIAL PROJECT STARTING DATE OPERATIONAL AREA OF PROJECT AMOUNT COST CATEGORY FEDERAL STATE LOCAL PROJECT PERIOD FUNDING PERIOD Personal Services Equipment Maintenance & Operation Other Direct Costs Indirect Cost Administrative Costs Total From: To: From: To: FUNDING SOURCE AMOUNT Federal State Local Total Fayetteville Police Department 1800 N Stephen Carr Memorial Blvd Fayetteville Arkansas Washington County 72704 71 $18,000.00 FKCQRMDULFH9 Initial Revision Continuation $2,800.00 $8,200.00 09/30/2025 09/30/2025 10/01/2024 10/01/2024 $51,600.00$25,600.00 $11,000.00 X $25,600.00 $11,000.00 Police Dept Fayetteville $7,600.00 $15,000.00 10/01/1999 Selective Traffic Enforcement Project (STEP) (479) 587-3581 (479) 587-3570 -6018462 OP-2025-02-02-08 SC-2025-01-01-08 AL-2025-06-06-08 M8DDLE-2025-02-02-08 69A37525300004020AR06 9A3752530000405EARL $15,000.00 $15,000.00 405 CFDA: 402 CFDA:20.600 - State and Community Highway Safety 20.616 - National Priority Safety Program Page 1 of 10 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT TABLE OF CONTENTS Page BACKGROUND PROBLEM STATEMENT GOALS SCOPE OF WORK WORK STATEMENT ACCEPTANCE AND AUTHORIZATION TO PROCEED SUB-GRANT AGREEMENT/CONTRACT TERMS Agreement Prepared By: Title: Arkansas State Police Arkansas Highway Safety Office 1 State Police Plaza Drive Little Rock, AR 72209 (501) 618-8486 (501) 618-8124 fax ............................................................................................................................................ ............................................................................................................................... ............................................................................................................................................................. .......................................................................................................................................... ...................................................................................................................................... .......................................................................... ................................................................... Program Manager Maurice Long 3 3 4 4 5 10 Appendix i CERTIFICATIONS AND ASSURANCES..............................................................................................Appendix ii BUDGET REQUEST AND LOCAL MATCH ...........................................................................Appendix iii Page 2 of 10 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT BACKGROUND The State of Arkansas is taking increased steps to address safety on the State’s roadways as part of an effort to implement innovative strategies to reduce traffic fatalities throughout the State . The Arkansas Highway Safety Office (AHSO) considers safety issues by focusing on behavioral aspects at the driver level. The goal is to reduce highway fatalities by better identifying driver behaviors that cause fatal crashes, implementing programs to address those behaviors and targeting locations where fatal crashes occur. Based on a five-year average (2018 - 2022), 603 people lose their lives each year on Arkansas roadways. In 2022, there were 643 total traffic fatalities compared to 692 the previous year. Over the same five years, alcohol-related fatalities (fatalities involving a driver or motorcycle operator with a BAC of .08 or greater) averaged 154 per year. There were 153 alcohol-related fatalities in 2022. An additional area of concern is occupant protection where in 2022 there were 221 unrestrained passenger vehicle occupant fatalities. In 2022, Arkansas’ safety belt use rate was 79.1%, while the National use rate stood at 91%. Arkansas’ safety belt use rate increased to 79.7% in 2023. Also of concern are speed-related fatalities where in 2022, 143 people died as a result of speed-related crashes. Strict enforcement of the State’s traffic laws, through Selective Traffic Enforcement Projects (STEP), has been proven effective in reducing traffic crashes and fatalities . The State will continue to use this strategy to address its traffic safety problems. PROBLEM STATEMENT The Fayetteville Police Department began a proactive approach to collision reduction which included implementation of the STEP through a grant with the AHSO. The Department wishes to continue to operate aggressive and sustained selective traffic enforcement, as well as, participate in the State's Imparied Driving, Seat Belt, Speed and Distracted Driving mobilizations/campaigns. Page 3 of 10 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT SCOPE OF WORK PROJECT GOALS: The overall goal of this project is to decrease the number of traffic-related crashes and fatalities by conducting a Selective Traffic Enforcement Project in Washington County . The goal for each component of this project is as follows: Alcohol Component (Section 405)- Reduce the annual number of alcohol-related crashes from 358 and reduce alcohol-related fatalities from 8 as recorded in 2022. Seat Belt Component (Section 402)- Increase seat belt use from 91% as recorded in 2024. Speed Component (Section 402)- Reduce the annual number of speed-related crashes from 564 and reduce speed-related fatalities from 14 as recorded in 2022. SUMMARY OF PROJECT OBJECTIVES: This project's primary objectives are to achieve as average of two (2) - three (3) vehicles stops per hour per officer during seat belt enforcement (with an emphasis on enforcement of occupant restraint laws); two (2) - three (3) vehicle stops per hour per officer during speed enforcement; one (1) – two (2) vehicle stops per hour per officer during distracted driving enforcement ; and one (1) DWI/DUI arrest per eight (8) – twelve (12) hours per officer during DWI/DUI enforcement. A public information and education program will support these objectives. METHOD OF EVALUATION BY ASP/HSO ADMINISTRATIVE: X IMPACT EVALUATION:X By achievement of project objectives. REIMBURSEMENT LIMITS ASP/AHSO will reimburse the recipient an amount equal to ____% of all eligible cost. ASP/AHSO will reimburse the recipient an amount equal to all eligible costs as identified in work statement. Maximum amount eligible for reimbursement: Only those orders placed and costs incurred during the following time period shall be eligible for reimbursement: 2. (Date)09/30/2025(Date)to10/01/2024 The recipient must bear all costs not eligible for Federal reimbursement. 3. Federal and State regulations shall be the basis for determining eligibility of costs, as detailed in the General Provisions and Subgrant Agreement/Contract Terms. This agreement may be amended only by written notice in advance and in accordance with ASP/AHSO policy. (See Subgrant Agreement/Contract Terms). 1. Federal Funds: State Funds: $25,600.00 X $15,000.00 Page 4 of 10 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT The recipient, Fayetteville Police Department in exchange for consideration offered by the Arkansas State Police Highway Safety Office, hereafter referred to as the Arkansas Highway Safety Office (AHSO), and in the interest of improving highway safety, hereby agrees to pursue the achievement of the following objectives: A. 1.Appoint a Project Coordinator to be a liaison between the recipient and the (AHSO) and to be responsible for coordinating selective enforcement activities and financial transactions associated with this subgrant agreement. Herein, give signature authorization for the Project Coordinator to request reimbursement and agreement change orders when applicable. Compensation for the Project Coordinator will be from local funds. 2.Project Coordinator, or designee, will work with their designated AHSO Program Manager to ensure they understand State, Federal and Highway Safety Office policies and procedures . 3.Ensure that agency maintains an enforced seat belt policy and provides the AHSO a copy of any revisions to the policy. 4.Conduct selective enforcement of the State’s seat belt , driving while intoxicated (DWI)/driving under the influence (DUI), speed limit, child passenger protection, distracted driving and motorcycle helmet laws. Officers are to ensure compliance with the State’s seat belt and child restraint laws during all vehicle stops . Enforcement should target locations where fatal/serious injury crashes are occurring. 5.Seat belt enforcement (from 6:00 a.m. until 9:00 p.m.) will emphasize enforcement of seat belt and child restraint laws. Speed enforcement (from 6:00 a.m. until 9:00 p.m.) will emphasize speed violations. Distracted Driving enforcement will emphasize enforcement of distracted driving law violations and may be worked anytime day or night, any day of the week. DWI/DUI enforcement will emphasize enforcement of DWI/DUI laws and may be worked anytime day or night any day of the week. Participating officers are expected to average two vehicle stops per hour when not actively processing a DWI arrest during DWI enforcement. The AHSO retains the right to limit or modify enforcement hours and days at its discretion and as necessary to help projects meet performance objectives as stated in Work Statement six (6). Agencies may request modifications to enforcement hours for AHSO approval based on problem identification . Also, during the enforcement mobilizations in Work Statement 7, the enforcement time restrictions cited above do not apply and Seat Belt, and Speed may be enforced day or night. For example: During the Click It or Ticket Mobilizations, seat belt enforcement is not limited to 6:00 a.m. to 9:00 p.m., but may be worked anytime day or night during the mobilization (CIOT Day & Night). Officers working on the project are expected to enforce all the laws cited in this agreement during seat belt , speed, DWI/DUI and Distracted Driving enforcement. 6.Performance objectives for the project and individual participating officers are as follows : Seat Belt and Speed: two (2) to three (3) stops per hour; Distracted Driving: one (1) to two (2) per hours. DWI/DUI: 1 DWI arrest per eight (8) to twelve (12) hours. Nothing in this agreement shall be interpreted as a requirement, formal or informal, that an officer issue a specific or predetermined number of citations in pursuance of the organization’s obligations here under . However, reported citations will be reviewed to verify enforcement activities. The organization agrees to complete the above stated objectives in addition to completing the normal routine agency traffic enforcement activities . Page 5 of 10 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT 7.Participate in two (2) Seat Belt, five (5) DWI/DUI, one (1) Speed and two (2) Distracted Driving mobilization(s) during the project period. Must participate in the public information and education (PI&E) activities (press conferences/news releases) in conjunction with the mobilization activities. An informal seat belt survey conducted by the agency will also precede and follow each seat belt mobilization for evaluation purposes. Mobilization dates are as follows but are subject to change. 1.State Distracted Driving Mobilization - October 20 -26, 2024 2.State Seat Belt Mobilization - November 25 – December 1, 2024** 3.National Winter DWI Mobilization - December 13, 2024 - January 1, 2025* 4.State St. Patrick’s Day DWI Mobilization - March 14 – 17, 2025 5.National Distracted Driving Mobilization - April 7 – 14, 2025 6.National 420 Campaign April 18 – 20, 2025 7.National Memorial Day Seat Belt Mobilization - May 19 - June 1, 2025** 8.State July 4th Holiday DWI Mobilization – July 2 – 6, 2025 9.National Speed Mobilization - July 9 – 31, 2025 10.National Labor Day DWI Mobilization - August 15 - September 1, 2025* *Conduct checkpoints and/or saturation patrols on at least four days/nights during the National DWI mobilizations. **Agencies are encouraged to conduct night time seat belt enforcement during Thanksgiving and Memorial day seat belt enforcement mobilizations. Participation in all State, National and Regional Mobilizations is a required activity of this grant agreement. Project activity should be managed to ensure that sufficient funds are available to participate in these mobilizations. Submit a mobilization report within 15 days after a mobilization period in accordance with the format provided by the AHSO. Agency is urged to participate in sobriety checkpoints and/or saturation patrols during all DWI/DUI mobilizations. Officers are not restricted to the enforcement times cited in Work Statement 5 during the mobilizations. 8.Conduct Public Information and Education (PI&E) activities to support the objectives of this project. These activities will include, but are not limited to, issuing a news release at the beginning of the project period to notify the community of the project activities, conducting a minimum of two media exposures for each mobilization e.g., news conferences, news releases, social media posts, interviews, reporter ride-alongs and participating in a minimum of two (2) other community engagement activities e.g., community events, health fairs, booths, civic/school/employer presentations during the year. Please click on www.trafficsafetymarketing.gov for materials to assist you in conducting these activities. Page 6 of 10 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT 9.The only costs eligible for reimbursement are selective enforcement (which includes officer pay and applicable benefits), child safety seats (see Work Statement 10) and pre-approved equipment (see Work Statement 11). The recipient will be reimbursed for officers working selective traffic enforcement at a rate that does not exceed one and one-half times the officer’s regular hourly rate . Each officer is allowed a maximum of up to twelve (12) hours of STEP enforcement reimbursement per day and 36 hours per week. Any STEP enforcement time exceeding twelve (12) hours per day or 36 hours per week per officer will not be reimbursed. Reimbursement is limited to one officer per patrol vehicle . Officers may also be compensated at the selective enforcement rate for hours spent conducting seat belt surveys associated with mobilizations and time spent working at clinics associated with the proper installation of child safety seats. Hours spent conducting seat belt surveys, participating in sobriety checkpoints, or working at child safety seat clinics will not be used when calculating enforcement performance and is reported separately on the monthly report form in eGrants. Officers compensated through this agreement shall work strictly within the scope of this project while performing duties in connection with and being funded by this agreement. Hours worked on and compensated through this agreement must not supplant (be a substitute for) regular officer hours and pay . Routine patrol functions, including crash investigations, will be assigned to personnel on regular duty. Should a project officer become involved in routine patrol functions while conducting selective enforcement, the officer will be compensated from other funds. No part-time personnel can be compensated through this agreement. Note: Consistent with federal guidelines officers working Selective Enforcement should be compensated in accordance with recipient overtime policy and nothing in this agreement should be interpreted as authority to violate agency policy. Submit to the AHSO any revisions to agency overtime policy within 30 days of the effective date of the revision. 10.If child safety seats are an approved budget line item on the invoice forms, purchase and loan child safety seats in accordance with AHSO policy. Seats must be purchased no later than February 28, 2025. Invoices for the seats must be submitted to the AHSO within 30 days of purchase. All purchases must be in compliance with federal, state and local purchasing laws and regulations. 11.If equipment is an approved budget line item on the invoice forms, purchase the following equipment to assist with the enforcement effort : EQUIPMENT: Ten (10) Portable Breathalyzers at $755.00 each to be used during overtime traffic enforcement. Priority use of this equipment shall be given to those officers actively working STEP enforcement . Assurance is provided herein that throughout the life expectancy of this equipment, it will be used for the purposes expressed or implied in this agreement. All purchases must be in compliance with federal, state and local purchasing laws and regulations and if applicable, be listed on the National Highway Traffic Safety Administration‘s current Conforming Products List of Evidential Breath and Speed Measurement Devices. ALL equipment purchases must be pre-approved in writing and must comply with the Buy America Act . 12.Ensure that all officers working on this project have successfully completed the National Highway Traffic Safety Administration’s approved courses on occupant protection usage and enforcement (OPUE) or traffic occupant protection strategies (TOPS) training and standardized field sobriety testing (SFST) during the project period. 13. Ensure that all officers working this project are familiar with Arkansas Code Annotated (A. C. A.) 27-37- 701 thru 27-37-707 (the mandatory seat belt law). A violation of the mandatory seat belt law is a “primary” offense for enforcement purposes. Page 7 of 10 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT 14. Ensure that all officers working on this project are familiar with A .C.A. 27-34-101 thru 27-34-108 (the “Child Passenger Protection Act”). Children under the age of fifteen (15) years must be restrained and any child under six (6) years of age and under sixty (60) pounds in weight must be restrained in a child safety seat. Violation of this law is a primary offense, meaning that a vehicle may be stopped if there is probable cause to believe that the law is being violated. 15. Ensure that all officers working on this project are familiar with Act 561 of 2001 (the “.08 BAC law”). Persons arrested for violation of A.C.A. 5-65-103 and 5-56-205 shall be determined to be DWI arrests. Youthful offenders arrested for violation of A.C.A. 5-65-303 shall be determined to be DUI arrests. 16. Ensure that all officers working on this project are familiar with laws concerning Distracted Driving . Act 738 of 2019 amends A.C.A. 27-51-1501 thru 27-51-1506 and 27-51-1601 thru 27-51-1610 to comply with distracted driving requirements under Federal law. These laws prohibit the use of wireless communication devices for texting while driving; limit wireless communication device use by young drivers: prohibit wireless communication device use by drivers under eighteen years of age and drivers who are at least eighteen but under twenty-one years of age from using wireless communication devices (allows drivers who are at least eighteen but under twenty one years of age to use hands-free wireless telephones or devices); and to improve the safety of highways and roads by prohibiting wireless communication device use in school zones and highway work zones. 17.Ensure department implements policies and internal controls to prevent fraud and misuse of grant funds. 18.Submit monthly reimbursement requests, local match reporting form and activity reports, including PI&E activities, along with a cover letter(s) by the 30th of the subsequent month in accordance with formats provided by the AHSO. The reimbursement requests must include as back-up supporting documentation: copies of original AHSO STEP Daily Worksheets (with officer’s and supervisor's signatures), copies of time sheets (with officer’s and supervisor's signatures), payroll summary sheets which accurately reflects payroll disbursed by the agency for STEP for the time period requested and invoices for any eligible items purchased (i.e. child safety seats) along with proof of payment (i.e. copy of the check). The summary sheets must record each officer who worked, dates they worked, number of hours worked for each date, regular and overtime pay rates, applicable fringe rates and be signed by both the project coordinator and an agency payroll or fiscal department representative. An Annual Project Activity Report will be submitted in accordance with the format provided by the AHSO. This annual report and the final reimbursement request are due within 30 days following the end of the project period. Final reimbursement will not be made until a satisfactory annual report is submitted. Note: NHTSA regulations require that each state submit a final voucher (reimbursement request/invoice) within 120 days after the end of the Fiscal Year. Therefore, in order to meet the NHTSA deadline, subrecipient reimbursement requests received by the AHSO more than 90 days after the end of the project period are ineligible for payment. The AHSO Administrator may extend the time period to submit reimbursement requests only in extraordinary circumstances. 19.Create a project file (physical or electronic) for maintaining the agreement and financial documents. The file will contain a copy of this agreement, agreement terms, and officers signed Acknowledgement Form . Related AHSO policies and procedures, policies or procedures of the recipient related to this project’s activities , copies of monthly activity reports, AHSO STEP daily worksheets, reimbursement requests, payroll summary sheets outlined in Work Statement 18, other supporting financial documentation such as payroll printouts and invoices, a copy correspondence relating to the agreement, and documentation of public information activities should also be included in this file. The file must be maintained in one location and is subject to review by State and Federal authorities responsible for oversight of this agreement. Copies of time sheets, original AHSO STEP daily worksheets, and citations for all officers paid through this agreement must be kept in this file . Time sheets must have officer’s and supervisor’s signatures with attached supporting documents . AHSO STEP daily worksheets must be completed properly and have the officer’s and a supervisor’s signature to be eligible and approved for reimbursement. Page 8 of 10 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT B.The Arkansas Highway Safety Office (AHSO) hereby agrees to perform the following activities: 1. Reimburse the recipient for all eligible costs incurred in accordance with provisions stated in the Subgrant Agreement/Contract Terms. An analysis of reimbursable costs is provided in the attached Subgrantee Invoice Form. 2. Provide reasonable consultative assistance to the recipient to aid in the achievement of project objectives. 3. Conduct administrative and/or on-site evaluations to assess the effectiveness of the project . Evaluations will include, but are not limited to, a review of activity reports examining progress toward objectives stated in the work statement, reimbursement requests, fiscal management and on-site monitoring visits. Page 9 of 10 ARKANSAS STAT E POLI CE HIGHWAY SAF ETY SUBGRANT AGR EEM ENT ACCEPTANCE AND AUTHORIZATION TO PROCEED It is understood and agreed by the undersigned that a subgrant received for this agreement is subject to the Infrastructure Investment and Jobs Act (or Bipartisan Infrastructure Law (BIL)), subsequent U .S . Department of Transportation funding reauthorization, and all administrative regulations governing this grant established by the U.S. Department ofTransportation approved in accordance with 2 CFR Part 1201 and 23 CFR Part 1300 subject to the availability of Federal funds. It is further understood that any State funds utilized within are subject to all applicable State regulations and are likewise subject to their availability . It is expressly agreed that this agreement including the Appendix i (Subgrant Agreement/Contract Terms) and Appendix ii (Certifications and Assurances), constitute an official part of the State's Highway Safety Program and that said recipient will meet the requirements as set forth herein. The recipient Fayetteville Police Department has appointed the following official representatives with legal authority to accept this subgrant agreement. A. SUBGRANT DIRECTOR I. Signature : I. 2. Name: 2 . Name: 3. Title: 3 . Title : 4. Date: 4. Date: 11 /7/2024 Approval to proceed, effective 10/01 /2024 to 09/30/2025 with committed Federal funds of$25 ,600.00 and State funds of $15 ,000.00, given by the State Official responsible to the Governor for administration of the State Highway Safety Program : Approved : Director, Arkansas State Police and Governor 's Highway Safety Representative Date Page 10 of 10 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT ACCEPTANCE AND AUTHORIZATION TO PROCEED It is understood and agreed by the undersigned that a subgrant received for this agreement is subject to the Infrastructure Investment and Jobs Act (or Bipartisan Infrastructure Law (BIL)), subsequent U.S. Department of Transportation funding reauthorization, and all administrative regulations governing this grant established by the U.S. Department of Transportation approved in accordance with 2 CFR Part 1201 and 23 CFR Part 1300 subject to the availability of Federal funds. It is further understood that any State funds utilized within are subject to all applicable State regulations and are likewise subject to their availability. It is expressly agreed that this agreement including the Appendix i (Subgrant Agreement/Contract Terms) and Appendix ii (Certifications and Assurances), constitute an official part of the State's Highway Safety Program and that said recipient will meet the requirements as set forth herein. The recipient Fayetteville Police Department has appointed the following official representatives with legal authority to accept this subgrant agreement. A. SUBGRANT DIRECTOR B. AUTHORIZING OFFICIAL 1.1.Signature:Signature: 2. 3. 4. Name: Title: Date: 2. 3. 4. Name: Title: Date: Approval to proceed, effective 10/01/2024 to 09/30/2025 with committed Federal funds of $25,600.00 and State funds of $15,000.00, given by the State Official responsible to the Governor for administration of the State Highway Safety Program: Approved: Director, Arkansas State Police and Governor’s Highway Safety Representative Date Lioneld Jordan Lioneld Jordan Chief of Police Mayor Mike Reynolds 11/07/2024 11/07/2024 Mike Reynolds 12/11/2024 Mike. A. Hagar ü Page 10 of 10 Page G1 of 19 Appendix i ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE GENERAL PROVISIONS AND SUBGRANT AGREEMENT/CONTRACT TERMS The terms below are hereby included as part of this subgrant agreement/contract. Glossary of Definitions Changes Disputes Conditions for Termination Prior to Completion Excusable Delays Non-Collusion Cost Provisions Uniform Administrative Requirements Method of Payment Terms and Conditions of Payment Inspection/Monitoring Property Management Record Retention Ownership of Data and Creative Material Reports Equal Opportunity Subcontractual Utilization of Small Business Concerns Order of Precedence Subgrant’s/Contractor’s Liability Save Harmless Tax and Compensation Liability Reimbursement of Eligible Expenditures Application of Hatch Act Standards for Contractor Financial Management System Procurement Procurement Procedures - Breath Testing Equipment Minority Business Enterprise Payroll Procedures Travel Procedures Confidentiality Requirements Professional Services Contract Indirect Costs I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. XXI. XXII. XXIII. XXIV. XXV. XXVI. XXVII. XXVIII. XXIX. XXX. XXXI. XXXII. XXXIII. Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE GENERAL PROVISIONS AND SUBGRANT AGREEMENT/CONTRACT TERMS GLOSSARY OF DEFINITIONSI. Page G2 of 19 This glossary defines those terms whose meanings may be unclear in the subgrant agreement/contract in which they are used. These definitions are meant to apply only to the usage of these terms in this subgrant agreement/contract. Activity - Elements of work that accumulate to accomplish contract objectives. Activity Number - A number assigned by the HSO for internal management . Actual - The attained state of resources expended and/or accomplishments. Ark. Code Ann. - Arkansas Code Annotated. ASP - Arkansas State Police. Authorizing Official - The Contractor’s or Subgrantee legally appointed person authorized to commit the organization to contract or subgrant agreement . Budgeted - The estimated level of expenditure set up in the contract. CFR - Code of Federal Regulation. Contractor - The State agency, county, city, quasi-public organization, private individual, or corporation entering into a contract with the HSO. Contract Director - The duly authorized representative of the Contractor charged with the responsibility of executing the contract. Contract Period - The period of time in which all activities specified in the contract must be performed. Coordinator/Administrator - The State official appointed by the Governor’s Representative for Highway Safety to be responsible for the Highway Safety Program. Cost Incurred - Costs are considered incurred on the date that goods/services are received and accepted. DOT - Department of Transportation. Evaluation - A process that involves measuring the success or failure of an activity in achieving predetermined objectives; a judgment of value of worth. FHWA - Federal Highway Administration , U.S. Department of Transportation. Rev. 8/7/2024 DPS - Department of Public Safety ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE GENERAL PROVISIONS AND SUBGRANT AGREEMENT/CONTRACT TERMS Page G3 of 19 FY - Fiscal Year. Federal Fiscal Year starts October 1st and ends September 30 of each year. State Fiscal Year starts July 1st and ends June 30 of each year. Funding Period - The period of time in which the Subgrantee/Contractor can incur costs eligible for reimbursement. Governor’s Highway Safety Representative - The State official who is responsible to and represents the Governor in the conduct of the Statewide Highway Safety Program (Director - Arkansas State Police). Grantor Agency - Arkansas State Police. Highway Safety Manager - A staff member authorized by the Highway Safety Office Administrator to oversee the day to day activities of the Highway Safety Program and serve as deputy to the Administrator . HSO - Highway Safety Office. HSP - Highway Safety Plan as required by NHTSA and DOT . NHTSA - National Highway Traffic Safety Administration, U.S. Department of Transportation. OMB - Office of Management and Budget . Obligated - The proposed level of accomplishments that are budgeted and funded. PM - Program Module. PSP - Problem Solution Plan. Political Subdivision - A generally recognized governmental unit below the State level having a defined geographic area of the State. Program Manager - A staff member authorized by the Administrator to act as the liaison between the HSO and the Subgrantee/Contractor in all matters pertaining to a subgrant agreement/contract. Project Period (Period of Performance) - The time during which the non-Federal entity may incur new obligations to carry out the work authorized under the award. Standard Number - A number assigned to one of the 18 highway safety program areas as developed by NHTSA and promulgated by the Secretary, U.S. Department of Transportation. State Agency - An administrative division of State Government. Subgrantee - The State agency, county, city, quasi-public organization, private individual, or corporation entering into a subgrant agreement with the HSO. Subgrant Director - The duly authorized representative of the Subgrantee charged with the responsibility of executing the subgrant agreement. USC - United States Code. YTD - Year to date. Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS CHANGES/PROJECT REVISIONS/AMENDMENTSII. Any change (project revision/amendment) to this subgrant agreement/contract document must be requested by written notice 30 days prior to the anticipated effective date of the proposed change if possible.Upon request, a Subgrant Agreement/Contract Change Order form will be furnished to theSubgrantee/Contractor, which must be submitted with the Authorizing Official’s signature . Upon receipt of the Subgrant Agreement/Contract Change Order, the HSO will review and either approve or disapprove this change. Likewise, any change in this subgrant agreement/contract document initiated by the HSO will require notice to the Subgrantee/Contractor of the proposed change 30 days prior to the anticipated effective date of same if possible. The Subgrantee/Contractor will be given 10 working days to review and either concur or contend to the proposed change. Any disputes or disagreements arising from A or B above will be arbitrated as set forth in Contract Subgrant Agreement/Term III. Except as otherwise provided in this subgrant agreement/contract, any dispute concerning a question of fact arising under this subgrant agreement/contract which is not disposed of by agreement shall be decided by the Coordinator/Administrator, who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the Subgrantee/Contractor. The decision of the Coordinator/Administrator shall be final and conclusive unless, within 30 days from the date of receipt of such copy if possible, the Subgrantee/Contractor mails or otherwise furnishes to the Coordinator/Administrator a written appeal addressed to the HSO. The decision of the HSO or its authorized representative for the determination of such appeals shall be final and conclusive unless it is determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Subgrantee/Contractor shall be afforded an opportunity to be heard and to offer evidence in support of his /her appeal. Pending final decision of a dispute hereunder, the Subgrantee/Contractor shall proceed diligently with the performance of the subgrant agreement/contract and in accordance with the HSO’s decision. This “DISPUTES” clause does not preclude consideration of law questions in connection with decisions provided for in Paragraph A above , and nothing in this contract shall be construed as making final the decision of any administrative official , representative, or board on a question of law. A. B. C. DISPUTESIII. A. B. Page G4 of 19Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS CONDITIONS FOR TERMINATION PRIOR TO COMPLETIONIV. If, through any cause other than acts of God or the public enemy, flood, or quarantine restrictions, the Subgrantee/Contractor should fail to fulfill in timely or proper manner the obligations of this agreement/contract, the HSO may terminate this agreement/contract by giving written notice to the Subgrantee/Contractor at least 7 days prior to the effective date of termination and by specifying the effective date of termination. All furnished or unfurnished documents, data, studies, surveys, reports, maps, drawings, models, and photographs prepared by the Subgrantee/Contractor shall, at the option of the HSO, become the property of the HSO and the Subgrantee/Contractor shall be entitled to receive only reasonable and equitable compensation for the satisfactory work completed, and only in proportion to the monetary consideration covenanted and agreed upon in the contract for the completed scope of the work. At their convenience, the principals to this agreement may terminate this agreement by one giving to the other, or each giving to the other, written notice at least 30 days prior to the effective date of termination, and by specifying the effective date of termination . Upon termination of this agreement/contract, whether for cause or at the convenience of one or both principals, the Subgrantee/Contractor shall be reimbursed for the portion of out-of-pocket expenses (not otherwise reimbursed prior thereto) incurred by the Subgrantee/Contractor during the project/contract period which are directly attributable to the incompleted portion of the services covered by this agreement. The Subgrantee/Contractor shall be paid an amount which bears the same ration to the total compensation as the services actually performed bear to the total services of the Subgrantee/Contractor. EXCUSABLE DELAYSV. Except with respect to defaults of Subcontractors, the Subgrantee/Contractor shall not be in default by reason of any failure in performance of this agreement/contract in accordance with its terms (including any failure by the Subgrantee/Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if such failures arise out of causes beyond the control and without the fault or negligence of the Subgrantee/Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Subgrantee/Contractor. If the failure to perform is caused by the failure of a Subcontractor to perform or make progress, and if such failure arises out of cause beyond the control of the Subgrantee/Contractor and Subcontractor, and without the fault or negligence of either of them, the Subgrantee/Contractor shall not be deemed to be in default, unless (a) the supplies or services to be furnished by Subcontractor were obtainable from other sources, (b) the Coordinator shall have ordered the Subgrantee/Contractor in writing to procure such supplies or services from other sources, or (c) the Subgrantee/Contractor shall have failed to comply reasonably with such order. Upon request of the Contractor, the Coordinator shall ascertain the facts and extent of such failure, and if he/she shall determine that any failure to perform was occasioned by one or more of the said causes, the delivery schedule shall be revised accordingly. Page G5 of 19Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS NON-COLLUSIONVI. The Subgrantee/Contractor warrants that he has not employed or retained any company or person, other than a bonafide employee working for the Subgrantee/Contractor, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the HSO shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. COST PROVISIONSVII. 2 CFR Part 1201 and 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards which can be found at <http://www.ecfr.gov>. UNIFORM ADMINISTRATIVE REQUIREMENTSVIII. 2 CFR Part 1201 and 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards which can be found at http ://www.ecfr.gov. METHOD OF PAYMENTIX. Under the Standard Method of Payment, the Subgrantee/Contractor agrees to perform the work previously stated and to accept as payment reimbursement(s) for actual costs incurred, in accordance with the terms of the agreement/contract. Other methods which may be used to pay Consultants are as follows; (1) lump sum, (2) cost per unit of work, (3) cost plus a fixed fee amount, or (4) specific rates of compensation. The specific rates of compensation method should be considered only if all other methods have been found to be inappropriate. Page G6 of 19Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS Each of the acceptable Consultant methods of payment is discussed below: Lump Sum By this method, the Consultant undertakes to perform the services stated in the agreement for an agreed amount of compensation. This method of payment is appropriate only if the extent, scope, complexity, character, and duration of the work to be required has been established to a degree that just compensation can be determined and evaluated by all parties at the time of negotiations. When submitted for approval, each proposed agreement wherein payment is to be by a lump sum shall be accompanied by a copy of an estimate prepared by the Consultant showing a statement of his probable costs for the several elements of the work and his expected net fee. The Consultant’s statement is to include a supported breakdown of the costs , direct and indirect which the firm expects to incur. The Consultant’s method of dividing the project into work units is to be such that the estimate can be intelligently reviewed. To be considered for Federal-aid reimbursement, the lump sum amount proposed must be found by the Governor’s Representative or appropriate State agency to be a just and equitable compensation, and must be supported by documentation as to the basis for such findings. The agreement should contain provisions for the adjustment of the lump sum amount in the event of changes in the work to be performed. A. Cost Per Unit of Work By this method, the Consultant is paid on the basis of the unit of work performed. This method is appropriate when the related unit cost of the work can be determined in advance with reasonable accuracy, but the extent of the work is indefinite. A proposal utilizing this method payment is to be supported in the same manner as that specified for the lump sum method. B. Cost Plus a Fixed Fee By this method, the Consultant is reimbursed for his costs and receives in addition a predetermined amount as a fixed fee. When at the time of negotiations with the Consultant, it is found not feasible to establish payment on the basis of the lump sum or cost per unit of work method, payment should be on the basis of reimbursement of the acceptable costs incurred by the Consultant plus a predetermined amount. This method of payment is appropriate when the extent, scope, complexity, character, or duration is indeterminable at the time of negotiations, or where the work is of a nature that the State agency does not have the experience or knowledge to permit an evaluation of the Consultant’s proposal as required to support a lump sum amount . C. Page G7 of 19Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS Specific Rates of Compensation By this method the Consultant is paid at an agreed and supported specific fixed hourly or daily rate for each class of employee directly engaged in the work. Such rates of pay include the Consultant’s estimated costs and net fee . This method of payment should be considered only on those occasions where none of the three methods of payment described under method 1. 2., or 3. can be used. It should be considered only for relatively minor items of work of indeterminable extent over which control is maintained of the class of employee to be used and the extent of such use. The specific rates of compensation are to include, and the agreement or referenced supporting data shall specifically identify and set forth separately, the direct salary costs, salary additives, indirect costs, and the fixed fee. Other direct costs may be set forth as an element of the specific rate or may be included as independent cost items. The specific rates so determined are to be established by the Consultant and found by the Governor’s Representative to be reasonable and proper. Consultant agreements providing that payment is to be based or adjusted on a prescribed percentage of estimated or actual cost times a multiplier, will not be accepted for Federal-aid reimbursement. When the method of payment for Consultant services is other than a lump sum, the agreement must specify an upper limit of compensation. There should be recognition, however, that the reasons underlying the selection of the method of payment preclude arriving at a realistic estimate of the total anticipated costs of the service. The basis for establishment of the amount specified as the upper limit should be documented and provisions should be made to permit adjustment in the upper limit when the Consultant is able to establish, to the satisfaction of the governmental agency and Governor’s Representative , that there has been or is to be a significant change in the (1) scope, complexity, or character of the services to be performed, (2) conditions under which the work is required to be performed, or (3) duration of work. In the case of the Cost-Plus Fixed Fee method, an appropriate adjustment in the predetermined net fee shall be considered. D. TERMS AND CONDITIONS OF PAYMENTX. Unless otherwise specified in the agreement/contract Work Statement, the Subgrantee/Contractor agrees to bill the ASP at monthly intervals only, using the forms and format specified. The maximum amount of the total subgrant agreement/contract is specified in the agreement/contract. A. The Subgrantee/Contractor agrees to submit the final bill no later than 30 days after the termination of the funding period. B. The Subgrantee/Contractor agrees to submit no bill for work performed or material delivered unless such bill is accompanied by a report which complies with the requirements of the Work Statement. C. Page G8 of 19Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS INSPECTION/MONITORINGXI. The ASP, (including, as an adjunct thereto, agents of the Federal Government when Federal funds are involved) has the right, at all reasonable times, to inspect, or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any inspection or evaluation is made by the HSO on the premises of the Subgrantee/Contractor or a Subcontractor, the Subgrantee/Contractor shall provide and shall require his Subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the HSO personnel in their duties. All inspections and evaluation shall be performed in such a manner as will not unduly delay the work. XII. Before publication or printing, the final draft of any report(s) required under the agreement/contract schedule shall be submitted to the HSO for review and concurrence. Review and approval by the National Highway Traffic Safety Administration will be coordinated by the ASP prior to returning comments or approvals to the Subgrantee/Contractor. All recorded information which is produced in the performance of this agreement shall be the sole property of the Arkansas State Police , Highway Safety Office, and reports or other such information are to be regarded as material in the public domain and shall not be copyrighted or restricted as to the distribution and reproduction. The Subgrantee/Contractor shall furnish the ASP with the quantity of copies of the report(s) specified in the agreement/contract. A. Each report covered by Paragraph A must include the following statements on the cover page: B. PROPERTY MANAGEMENT See 2 CFR Part 1201, 2 CFR Part 200 and 23 CFR § 1300.31 XIII. RECORD RETENTION See 2 CFR Part 200 XIV. OWNERSHIP OF DATA AND CREATIVE MATERIAL The ownership of material, discoveries, inventions, and results developed, produced, or discovered by this agreement/contract is governed by the terms of 2 CFR Part 1201 and 2 CFR Part 200. XV. REPORTS This report was prepared for the HSO, in cooperation with DOT’s NHTSA or DOT’s FHWA. 1. The conclusions and opinions expressed in this document are those of the author, and do not necessarily represent those of the State of Arkansas , ASP, DOT or any other agency of the State or Federal Government. 2. Page G9 of 19Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS The Subgrantee/Contractor will comply with Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, handicap, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance, and the Subgrantee/Contractor will immediately take any measures necessary to effectuate this agreement. A. XVI. EQUAL OPPORTUNITY The Subgrantee/Contractor assures and certifies: The Subgrantee/Contractor will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant-aided activity. B. XVII. SUBCONTRACTUAL The Subgrantee/Contractor shall give advance notice to the HSO of any proposed subcontract hereunder, and the Subgrantee/Contractor shall not, without prior written approval of the Administrator, enter into such subcontract. (See Paragraph B. below.) A. NHTSA or FHWA may require approval of any contract for professional services prior to issuance and initiation of work. This review may take up to 30 days and shall consider, in part, the following matters: B. 1. Determination of the Consultant's qualifications; 2. Manner of selection from those qualified to perform the service; 3. Necessity for subcontracting; 4. Review of the contract, to ensure that minimum terms of the prime contract have been incorporated into the subcontract; 5. Pre-award audit has been performed for contracts in excess of $25,000.00; and, 6. The Subgrantee/Contractor’s price breakdown includes costs (if any) for personal services, subcontracts, commodities, other direct costs, indirect costs, and profit. Page G10 of 19Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS XVIII. UTILIZATION OF SMALL BUSINESS CONCERNS It is the policy of the United States Government as declared by the Congress that a fair proportion of the purchases and contracts for supplies and services for the Government be placed with small business concerns. A. The Subgrantee/Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Subgrantee/Contractor finds to be consistent with the efficient performance of this agreement /contract. B. XIX. ORDER OF PRECEDENCE Subgrant Agreement/Contract DocumentA. Work StatementB. In the event of an inconsistency between provisions of this agreement/contract, the inconsistency shall be resolved by giving precedence in the following order: Subgrant Agreement/Contract TermsC. XX. SUBGRANTEE/CONTRACTOR’S LIABILITY The Subgrantee/Contractor shall be liable for any loss of, or injury to, any material developed or serviced under this agreement/contract which is caused by the Subgrantee/Contractor’s failure to exercise such care in regard to said material as a reasonably careful owner of similar materials would exercise. A. Subgrantee/Contractor shall provide commercial insurance or equivalent method acceptable to the HSO office for replacement or repair of damaged or lost equipment . Subgrantee/Contractor shall reimburse the HSO office for residual value of equipment sold or otherwise disposed of. B. XXI. SAVE HARMLESS It is expressly agreed and understood that the Subgrantee/Contractor is an independent Subgrantee/Contractor and not an agent, servant, or employee of the State, and the Subgrantee/Contractor shall save harmless the State and representatives thereof from all suits, actions, or claims of any kind brought on account of any person or property in consequence of any neglect in safeguarding the work, or on any act or omission by the Subgrantee/Contractor or its employees, or from any claims or amounts arising or recovered under Worker’s Compensation Laws or any other law , by-law, ordinance, regulation, order, or decree (Not Applicable to State Agencies and Institutions of Higher Education). The Subgrantee/Contractor shall be responsible for all damage to property and personal injury of any kind resulting from any act, omission, neglect, or misconduct of any employee or agent of said Subgrantee/Contractor in the manner or method of performing the work for the period of the agreement/contract Page G11 of 19Rev. 8/7/2024 XXII. TAX AND COMPENSATION LIABILITY Nothing herein contained shall be construed as incurring for the State any liability for Worker’s Compensation, F.I.C.A., Withholding Tax, Unemployment, or any other payment which would be required to be paid by the State if the State and the Subgrantee/Contractor were standing in an employer-employee relationship, and the Subgrantee/Contractor hereby agrees to assume and pay all such liabilities. ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS XXIII. REIMBURSEMENT OF ELIGIBLE EXPENDITURES It is mutually agreed and promised that upon written application by the Subgrantee/Contractor and approval by the State, the State shall obligate funds for reimbursement of eligible expenditures as set forth in the application. A. It is mutually agreed and promised that the Subgrantee/Contractor shall reimburse the State for any ineligible or unauthorized expenditures for which Federal and/or State funds have been claimed and payment received as determined by a State or Federal audit. B. It is further agreed and promised that where reimbursement is made to the Subgrantee/Contractor in installments, the State shall have the right to withhold any installments to make up reimbursement received for any ineligible or unauthorized expenditures until such time as the ineligible claim is made up or corrected by the Subgrantee/Contractor. C. XXIV. APPLICATION OF HATCH ACT The subgrantee/contractor will comply with the provisions of the Hatch Act which limit the political activities of employees. XXV. STANDARDS FOR SUBGRANTEE/CONTRACTOR FINANCIAL MANAGEMENT SYSTEMS This item prescribes standards for financial management systems of subgrant agreement/contract supported activities of state and local governments. Subgrantee/Contractor financial management systems shall provide for: Accurate, current, and complete disclosure of the financial results of each subgrant agreement/contract activity in accordance with the HSO reporting requirements; A. Records which identify adequately the source and application of funds for subgrant agreement/contract activities. These records shall contain information pertaining to grant awards and authorizations, obligations, commitments, assets, liabilities, outlays, and income; B. Effective control over and accountability for all funds , property, and other assets. Subgrantee/Contractor shall adequately safeguard all such assets, and shall assure that they are used solely for authorized purposes; C. Page G12 of 19Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS Comparison of actual with budgeted amounts for each agreement/contract. Also, relation of financial information with performance or productivity data, including the production of unit cost information whenever appropriate and required by the HSO; D. Procedures to minimize the time elapsing between the transfer of funds from the State Treasury and the disbursement by the Subgrantee /Contractor whenever funds are advanced by the HSO; E. Procedures for determining the allowability and allocability of costs in accordance with the provisions of 2 CFR Part 200; F. Accounting records which are supported by source documentation; G. Audits to be made by the Subgrantee/Contractor or at his direction to determine, at a minimum, the fiscal integrity of financial transactions and reports, and the compliance with laws, regulations, and administrative requirements. The Subgrantee/Contractor will schedule such audits with reasonable frequency, usually annually, but not less frequently than once every two years, considering the nature, size, and complexity of the activity; and, every two years, considering the nature, size, and complexity of the activity; and; H. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. I. XXVI. PROCUREMENT State of Arkansas Procurement Law and Rules will govern purchasing . A. Page G13 of 19Rev. 8/7/2024 https://www.transform.ar.gov/wp-content/uploads/Laws-and-Rules-updated-Dec-2023.pdf ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS A summary of the various requirements is as follows :B. Splitting of item or items with the intent to use a less restrictive requirement is not permitted.C. Descriptions and specifications must be sufficiently restricted or specific so as to exclude cheap or inferior commodities which are not suitable or practicable for the purpose for which they are to be used, but at no time should they be so specific in detail as to restrict or eliminate competitive bidding of any items of comparable quality and coming within a reasonably close price range. D. Arkansas preference does not apply.E. Note: Also see Procurement Standards at 2 CFR Part 200 Page G14 of 19Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS XXVII. PROCUREMENT PROCEDURES - BREATH TESTING EQUIPMENT These items are usually exempt from bidding requirements because of one or several of the following: A. Single source of supply items;1. Scientific and technical equipment and parts thereof required by an employee by reason of his profession or training; and 2. Items requiring standardization and interchangeability of parts with existing equipment.3. The records required for reimbursement are as follows:B. Copy of Purchase Order giving description of item purchased:1. Statement, approved by the Project Director, explaining reason for purchasing on an exempt basis without any bids; 2. Standard payment documentation, as follows:3. Copy of vendor’s invoice showing receiving approval by project personnel ,a. Copy of document showing payment for goods, and,b. Paid receipt or endorsement on payment document; and,c. Statement for each item purchased showing the following:4. Serial number,a. Model number, and,b. Property control number (if any).c. Page G15 of 19Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS MINORITY BUSINESS ENTERPRISEXXVIII. The recipient of this subgrant agreement/contract agrees to adopt by reference the Minority Business Enterprise Program that has been approved by DOT for the HSO , or to show evidence of approval of the recipient’s own Minority Business Enterprise Program by a cognizant agency of the Federal government. The recipient of this subgrant agreement/contract agrees to include the following statement in all subsequent contracts which are financed in whole or in part with Federal funds provided under the agreement with the recipient: Required MBE Contract ClausesA. Policy It is the policy of the Department of Transportation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23, apply to this agreement. 1. MBE Obligation The recipient or its subcontractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. 2. PAYROLL PROCEDURESXXIX. Personal Services compensation is allowable if:A. For services rendered during the contract period,1. Reasonable for services rendered,2. Personnel appointed in accordance with state or local government rules,3. Based on payrolls documented and approved in accordance with generally accepted business practices, and 4. Supported by time and attendance records signed by both employee and supervisor. 5. Page G16 of 19Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS Employee Benefits are allowable if:B. Provided pursuant to a leave system,1. Employer contribution or expense for:2. Social Securitya. Employee Health Insuranceb. Unemployment Insurancec. Worker’s Compensation Insuranced. Pension Planse. TRAVEL PROCEDURESXXX. Travel costs are allowable for the following actual expenses incurred by project employees while traveling on official project business : transportation, lodging, meals and other related expenses. An itemized travel report, with receipts for all items excluding meals, is required, and should be signed by the traveler and the supervisor. Out-of-State travel must have prior written approval of the HSO. Current daily limits for meals and lodging are set out in State Travel Regulations promulgated by the Arkansas Department of Finance and Administration found at https://www.dfa.arkansas.gov/accounting-office/financial-management-guide/subchapter-9-travel-re gulations. The cost is equitably allocated to all activities.3. Time sheets showing employee names, daily hours, activities, and signatures of employee and supervisor; 1. Payroll record showing rate of pay, gross wages, itemized deductions, net pay, and signature of proper official; and, 2. The records required are as follows:C. Benefit Plan(s) records showing rates and amount paid by the employer.3. Regards State of Arkansas Employees: Travel costs are limited to the State of Arkansas Travel maximums according to current State Travel Regulations. (Airfare is always limited to less-than-first-class airfare when less-than-first-class air accommodations are available). Reimbursement is for actual expenses up to the maximum allowed per federal per diem rates established by the General Services Administration (GSA). Guidance is provided on the GSA website at http://www.gsa.gov/portal/content/104877 for deducting meal amounts from reimbursement claims for meals furnished by the government or other sources. Detailed receipts are required for all expenses excluding meals. Page G17 of 19Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS Travel costs are limited to the lesser of local regulations, actual costs, or State travel maximums. Lodging may exceed State travel maximums only in instances where the maximum allowable lodging rate for that area is not available to the traveler (the traveler must make every effort to obtain the allowable State rate ) or when the hotel rate where the conference or meeting is held exceeds the maximum allowable lodging rate for that area. Reimbursement is for actual expenses up to the maximum allowed per federal per diem rates established by the GSA. Guidance is provided on the GSA website at http://www.gsa.gov/portal/content/104877 for deducting meal amounts from reimbursement claims for meals furnished by the government or other sources. Detailed receipts are required for all expenses, excluding meals. Regards Other Travelers: CONFIDENTIALITY REQUIREMENTSXXXI. We have researched the question on confidentiality and have identified the following salient items which are relevant to our agreements/contracts: NHTSA Order 210-1, Chapter I, Section B, Subsection (7) (a) states that the Contractor or any employee of the such Contract shall be considered to be employees of the NHTSA for purposes of the requirements of the Privacy Act of 1974 (P.L. 93-579, 5 U.S.C. A. Section 3, Subsection (b) (1) of the July 1, 1975, Privacy Act Guidelines states that disclosures “To those officers and employees of the agency which maintains the records who have a need for the records in the performance of their duties;” is a permissible disclosure (Section 552a of U.S.C.5, P.L. 93-579). B. Section 408, Subsection (b) (1) (b) of the regulations on Confidentiality of Alcohol and Drug Abuse Patient Records states that records may be released to qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient in any report of such research, audit, or evaluation, or otherwise disclose patient identities in any manner (P.L. 93-282, 2.1 U.S.C. 1175). C. PROFESSIONAL SERVICES CONTRACTXXXII. See 2 CFR 200 Page G18 of 19Rev. 8/7/2024 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS INDIRECT COSTSXXXIII. Indirect costs are those: Incurred for a common or joint purpose benefiting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved . The term “indirect costs,” as used herein, applies to costs of this type originating in the grantee department, as well as those incurred by other departments in supplying goods, services, and facilities. To facilitate equitable distribution of indirect expenses to the cost objectives served, it may be necessary to establish a number of pools of indirect costs within a governmental unit department or in other agencies providing services to a governmental unit department. Indirect cost pools should be distributed to benefitted cost objectives on basis that will produce an equitable result in consideration of relative benefits derived. See Section VII, Cost Provisions of these terms for applicable cost regulations. Page G19 of 19Rev. 8/7/2024 Appendix ii Appendix ii to Part 1300 - Certifications and Assurances for Fiscal Year 2025 Highway Safety Grants (23 U.S.C Chapter 4 Sec. 1906, Pub. L. 109-59, as Amended by Sec. 4011, Pub. L. 114-94) [Each fiscal year, the Governor’s Representative for Highway Safety must sign these Certifications and Assurances affirming that the State complies with all requirements, including applicable Federal statutes and regulations , that are in effect during the grant period. Requirements that also apply to subrecipients are noted under the applicable caption ] Recipient: Fayetteville Police Department By submitting an application for Federal grant funds under 23 U.S.C. Chapter 4 or Section 1906, the State Highway Safety Office acknowledges and agrees to the following conditions and requirements. The Governor’s Representative for Highway Safety , hereby provides the following Certifications and Assurances: GENERAL REQUIREMENTS Fiscal Year: 2025 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended• The State will comply with applicable statutes and regulations, including but not limited to: Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300 - Uniform Procedures for State Highway Safety Grant Programs • 2 CFR part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 2 CFR part 1201 - Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • INTERGOVERNMENTAL REVIEW OF FEDERAL PROGRAMS The State has submitted appropriate documentation for review to the single point of contact designated by the Governor to review Federal programs, as required by Executive Order 12372 (Intergovernmental Review of Federal Programs). FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) The State will comply with FFATA guidance, OMB Guidance on FFATA Subward and Executive Compensation Reporting, August 27, 2010, (https://www.fsrs.gov/documents/OMB_Guidance_on_FFATA_Subaward_and_Executive_Com pensation_Reporting_08272010.pdf ) by reporting to FSRS.gov for each sub-grant awarded: Name of the entity receiving the award; Amount of the award; Information on the award including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source; Location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country; and an award title descriptive of the purpose of each funding action; o Unique entity identifier (generated by SAM.gov); The names and total compensation of the five most highly compensated officers of the entity if : (i) the entity in the preceding fiscal year received- (I) 80 percent or more of its annual gross revenues in Federal awards; (II) $25,000,000 or more in annual gross revenues from Federal awards; and (ii) the public does not have access to information about the compensation of the senior executives of the entity 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; Other relevant information specified by OMB guidance. • • • • • • NONDISCRIMINATION (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP)); • Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and • Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively. GENERAL ASSURANCES Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in § 21.23(b) and (e) of 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations . 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and , in adapted form, in all proposals for negotiated agreements regardless of funding source: “The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT Order 1050.2A)  [1] in every contract or agreement subject to the Acts and the Regulations . 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property , structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith . 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on , over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub￾grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will - 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions , within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted - 1. Taking appropriate personnel action against such an employee , up to and including termination; a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants , loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S.Department of Transportation under the Highway Safety Grant Program . This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The State will provide a drug-free workplace by: f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; POLITICIAL ACTIVITY (HATCH ACT) (applies to subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federalfunds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 1. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 2. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 3. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. RESTRICTIONS ON STATE LOBBYING (applies to subrecipients as well as States) CERTIFICATION REGARDING DEBARMENT AND SUSPENSION Instructions for Primary Tier Participant Certification (States) (applies to subrecipients as well as States) By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 1. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 2. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. 3. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www .sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default. 10. Certification Regarding Debarment, Suspension, and Other Responsibility Mailers-Primary Tier Covered Transactions The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; a. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. b. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. d. c. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 1. 2. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3. The terms covered transaction, civil judgment debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 4. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 5. Instructions for Lower Tier Participant Certification The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/), 7. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 1. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. 9. The State and each subrecipient will comply with the Buy America requirement (23 U .S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. BUY AMERICA (applies to subrecipients as well as States) No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: (applies to subrecipients as well as States) CERTIFICATION ON CONFLICT OF INTEREST GENERAL REQUIREMENTS 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient . If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict . 3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities , and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees . You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. (applies to subrecipients as well as States) PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving , and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 1. To the best of my personal knowledge, the information submitted in the Highway Safety Plan in support of the State’s application for a grant under 23 U.S.C. 402 is accurate and complete. 2. The Governor is the responsible official for the administration of the State highway safety program , by appointing a Governor’s Representative for Highway Safety who shall be responsible for a State highway safety agency that has adequate powers and is suitably equipped and organized (as evidenced by appropriate oversight procedures governing such areas as procurement, financial administration, and the use, management, and disposition of equipment) to carry out the program. (23 U.S.C. 402(b) (1)(A)) 3. At least 40 percent of all Federal funds apportioned to this State under 23 U.S.C. 402 for this fiscal year will be expended by or on behalf of political subdivisions of the State in carrying out local highway safety programs (23 U.S.C. 402(b)(1)(C)) or 95 percent by and on behalf of Indian tribes (23 U.S.C. 402(h)(2)), unless this requirement is waived in writing. (This provision is not applicable to the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.) SECTION 402 REQUIREMENTS AUDIT REQUIREMENTS The recipient will arrange for an organization-wide financial and compliance audit, if required by 2 CFR Part 200.501 within the prescribed audit reporting cycle. The audit report must separately identify highway safety funds from other Federal funds. One (1) copy of the report will be furnished to the Arkansas State Police Highway Safety Office (ASP-HSO) within three months of the report date. Failure to furnish an acceptable audit as determined by the cognizant Federal audit agency may be a basis for denial and/or refunding of Federal funds. A copy of 2 CFR Part 200.501 is available at www.ecfr.gov. The recipient has been made aware of audit requirements. The recipient is required to inform the ASP-HSO if subject to these audit requirements. 4. The State's highway safety program provides adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks. (23 U.S.C. 402(b)(1)(D)) 5. As part of a comprehensive program, the State will support a data-based traffic safety enforcement program that fosters effective community collaboration to increase public safety , and data collection and analysis to ensure transparency, identify disparities in traffic enforcement , and inform traffic enforcement policies, procedures, and activities. (23 U.S.C. 402(b)(1)(E)) 6. The State will implement activities in support of national highway safety goals to reduce motor vehicle related fatalities that also reflect the primary data-related crash factors within the State, as identified by the State highway safety planning process, including: • Participation in the National high-visibility law enforcement mobilizations as identified annually in the NHTSA Communications Calendar, including not less than 3 mobilization campaigns in each fiscal year to - o Reduce alcohol-impaired or drug-impaired operation of motor vehicles; and o Increase use of seat belts by occupants of motor vehicles; • Sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits; • An annual Statewide seat belt use survey in accordance with 23 CFR part 1340 for the measurement of State seat belt use rates, except for the Secretary of Interior on behalf of Indian tribes; • Development of Statewide data systems to provide timely and effective data analysis to support allocation of highway safety resources; • Coordination of Highway Safety Plan, data collection, and information systems with the State strategic highway safety plan, as defined in 23 U.S.C. 148(a); and • Participation in the Fatality Analysis Reporting System (FARS), except for American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands 7. The State will actively encourage all relevant law enforcement agencies in the State to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (23 U.S.C. 402(j)) 8. The State will not expend Section 402 funds to carry out a program to purchase, operate,or maintain an automated traffic enforcement system, except in a work zone or school zone. (23 U.S.C. 402(c)(4)) I understand that my statements in support of the State’s application for Federal grant funds are statements upon which the Federal Government will rely in determining qualification for grant funds, and that knowing misstatements may be subject to civil or criminal penalties under 18 U.S.C. 1001. Appendix iii 2025 STEP Organization: Fayetteville Police Department STEP-2025-Fayetteville Police Depar-00033 III. Budget Request Complete the budget categories request below detailing the projected number of officers , hours to be worked during these mobilizations, and average rate of pay and applicable fringe benefits. If any equipment is requested, list the type of equipment, cost, and justification for the equipment in the budget narrative. Budget Categories # Officers Est. to Work Avg. # of Hours per Officer OT Avg. Rate of Pay Total Est. OT Pay Fringe Benefit Rate Total Fringe Amount Requested Approved Amount Funding Source Personal Services (DWI/DUI)30 3 $58.67 $5,280.30 $1,449.44 $6,729.74 $6,700.00 2025 IJA 402 - AL 25 ($0.00) (Safety Belt)30 3 $58.67 $5,280.30 $1,449.44 $6,729.74 $6,700.00 2025 IJA 402 - OP 25 ($0.00) (Speed)15 2 $58.67 $1,760.10 $483.15 $2,243.25 $2,300.00 2025 IJA 402 - SC 25 ($0.00) (Texting/Cell)15 2 $58.67 $1,760.10 $483.15 $2,243.25 $2,300.00 2025 IJA 405e - M8LE 25 ($0.00) New Funding Source (AHSO ONLY) Other Direct Costs Cost Per Seat Quantity Child Safety Seats $79.99 187 $14,958.13 $15,000.00 2025 Child Passenger Seats ($0.00) Equipment (Describe below)Cost Per Item Quantity Portable Breath Tests $751.79 10 $7,517.90 $7,600.00 2025 IJA 402 - AL 25 ($0.00) TOTAL $40,422.01 $40,600.00 FAIN Number(s): 69A37525300004020AR0 69A3752530000405EARL Page 1 of 209/24/2024 Appendix iii 2025 STEP Organization: Fayetteville Police Department STEP-2025-Fayetteville Police Depar-00033 III. Budget Request Note: This is a budget request only. The Subgrantee Invoice Form (SIF) issued by the AHSO represents the approved budget and only those costs included on the SIF are eligible for reimbursement. Sub Grantee Budget Narrative: The Child Safety Seat Program is a highly effective community outreach service by our Community Oriented Policing Division . The demand exceeds our supply level every year. Fayetteville currently has 15 Child Safety Technicians , which includes 3 instructors. We have requested $14,958.13 due to the popularity and demand of our community. This amount is based on an average cost per seat of $79.99 per unit for 187 child safety seats. These funds can easily be justified due to the popularity of the child safety seat event we host and the depletion of our inventory of child safety seats. Distributing child safety seats is a great community event and promotes positive interactions between the public and law enforcement officers. Patrol officers utilize portable breath tests to detect impairment in drivers . Our agency has not requested grant funding for portable breath tests since 2019. Our agency would like to purchase a total of 10 units at $751.79each for a total cost of $7,517.90 to fortify our current inventory. (attach additional sheets if needed) https://ahsoegrants.asp.arkansas.gov//_Upload/71220 _1151391-PBTsformalquote.pdf (attach additional sheets if needed) Budget Narrative AHSO Use Only (attach additional sheets if needed)(attach additional sheets if needed) Page 2 of 209/24/2024 Fayetteville Police Department STEP-2025-Fayetteville Police Depar-00033 IV. Local Match Budget Categories Amount Approved Amount Personal Services Personnel $8,186.12 $8,200.00 Maintenance & Operation Vehicles $2,728.70 $2,800.00 Equipment Other Direct Costs Total $10,914.82 $11,000.00 Page 1 of 109/24/2024