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HomeMy WebLinkAbout2015-10-06 - Agendas - Archive Combined Final Agenda October 6,2015 Page 1 of 753 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 e Form-M r� Meeting Agenda - Final Agenda Tuesday, October 6, 2015 5:30 PM City Hall Room 219 City Council Meeting Adella Gray Ward 1 Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer, Jr. Ward 3 John S. La Tour Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith Combined Final Agenda October 6,2015 Page 2 of 753 City Council Meeting Meeting Agenda-Final Agenda October 6,2015 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2015-0374 CITY COUNCIL MEETING PRESENTATION - FAYETTEVILLE NATURAL HERITAGE ASSOCIATION CHECK PRESENTATION RELATED TO KESSLER MOUNTAIN RESERVE 2. 2015-0451 CITY COUNCIL MEETING PRESENTATION -OZARK REGIONAL TRANSIT PRESENTATION Agenda Additions: A. Consent: A. 1 2014-0512 APPROVAL OF THE SEPTEMBER 15, 2015 CITY COUNCIL MEETING MINUTES. A. 2 2015-0418 2015 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION AWARD: A RESOLUTION AUTHORIZE ACCEPTANCE OF A 2015 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION AWARD IN THE AMOUNT OF $72,774.00, OF WHICH $29,576.00 WILL BE USED BY THE FAYETTEVILLE POLICE DEPARTMENT, WITH $28,943.00 TO BE DISBURSED TO THE CITY OF SPRINGDALE AND $14,255.00 TO WASHINGTON COUNTY, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: SRP-2015 JAG Local Award BA-2015 JAG Local City or Fayetteville,Arkansas Page 2 Printed on 913012015 Combined Final Agenda October 6,2015 Page 3 of 753 City Council Meeting Meeting Agenda-Final Agenda October 6,2015 A. 3 2015-0420 2015 BULLETPROOF VEST PARTNERSHIP PROGRAM MATCHING GRANT AWARD: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A FIFTY PERCENT (50%) MATCHING GRANT AWARD FROM THE 2015 BULLETPROOF VEST PARTNERSHIP PROGRAM IN THE AMOUNT OF $6,056.00 FOR THE REPLACEMENT OF BODY ARMOR VESTS FOR FAYETTEVILLE POLICE OFFICERS, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: CCAP-2015 BVP Award BA-2015 BVP Grant Award A. 4 2015-0445 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.1.1, LAW ENFORCEMENT ROLE; 1.2.3, BIAS BASED PROFILING PROHIBITED; 1.3.4, LESS- LETHAL WEAPONS AND DEFENSIVE TACTICS; 12.1.1, ORGANIZATIONAL STRUCTURE, FUNCTIONS AND DIRECTION; 12.2.1, POLICIES, PROCEDURES AND RULES DEVELOPMENT AND REVIEW PROCEDURES; 22.2.8, MILITARY ACTIVATIONS; 25.1, GRIEVANCE PROCEDURES; 33.1, TRAINING; 35.1.1, PERFORMANCE EVALUATIONS/PERSONNEL EARLY WARNING SYSTEM; 41.2.5, MISSING PERSONS; 41.2.7, DEPARTMENT RESPONSE TO MENTALLY ILL SUBJECTS; 41.3.5, GROOMING AND UNIFORM REQUIREMENTS; 42.1.1, CRIMINAL INVESTIGATIONS; 44.1.1, JUVENILE OPERATIONS; AND 84.1.1, PROPERTY MANAGEMENT, ACQUIRED AND IN-CUSTODY Attachments: Agenda Packet- Police Policies 10062015 A. 5 2015-0411 BID NO. 15-48 ALLIANCE PUMP &MECHANICAL,INC.: A RESOLUTION TO AWARD BID NO. 15-48 AND AUTHORIZE A CONTRACT WITH ALLIANCE PUMP & MECHANICAL, INC. IN THE AMOUNT OF $78,950.00 PLUS APPLICABLE TAXES TO REBUILD SEVEN (7) GEARBOXES AT THE NOLAND WASTEWATER TREATMENTPLANT Attachments: 2015-0411 - Packet- Bid 15-48-Noland WWTP Gearbox Rebuilds City or Fayetteville,Arkansas Page 3 Printed on 913012015 Combined Final Agenda October 6,2015 Page 4 of 753 City Council Meeting Meeting Agenda-Final Agenda October 6,2015 A. 6 2015-0424 BLUEINGREEN,LLC CHANGE ORDER NO. 1: A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH BLUEINGREEN, LLC IN THE TOTAL AMOUNT OF $58,269.06 TO FUND THE SALES TAXES FOR OZONE EQUIPMENT NECESSARY FOR THE PROJECT AND AN INCREASE OF BLUEINGREEN, LLC'S WARRANTY BOND FROM ONE YEAR TO TWO YEARS,AND TO APPROVE A BUDGET ADJUSTMENT Attachments: BluelnGreenLLC C0#1 Agenda Packet BA-BluelnGreen LLC A. 7 2015-0429 TRIMARK STRATEGIC EQUIPMENT,INC.: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A HYDROVECTION OVEN FROM TRIMARK STRATEGIC EQUIPMENT, INC. IN THE AMOUNT OF $21,848.40 PLUS APPLICABLE TAXES, PURSUANT TO A NATIONAL JOINT POWERS ALLIANCE COOPERATIVE PURCHASING AGREEMENT, FOR USE BY THE FAYETTEVILLE SENIOR CENTER Attachments: Senior Center Oven Agenda Packet A. 8 2015-0427 GARVER,LLC TASK ORDER NO. 4: A RESOLUTION TO APPROVE TASK ORDER NO. 4 WITH GARVER, LLC IN THE AMOUNT OF $27,500.00 FOR DESIGN, BIDDING AND CONSTRUCTION OVERSIGHT SERVICES FOR THE DRAKE FIELD AIRFIELD ROOF REHABILITATION PROJECT Attachments: Legistar 15-0427 package (2)Garver Task Order 04- FYV Airfield Roof Rehabil A. 9 2015-0447 HI-LITE AIRFIELD SERVICES,LLC CHANGE ORDER NO. 1: A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH HI-LITE AIRFIELD SERVICES, LLC IN THE AMOUNT OF $8,895.00 TO INCREASE THE QUANTITIES OF AIRFIELD PAVEMENT MARKINGS TO BE REHABILITATED Attachments: Legistar 2015-0447 HiLite C01 091815 091815 City or Fayetteville,Arkansas Page 4 Printed on 913012015 Combined Final Agenda October 6,2015 Page 5 of 753 City Council Meeting Meeting Agenda-Final Agenda October 6,2015 A. 10 2015-0414 WASHINGTON COUNTY VIDEO SERVICES CONTRACT: A RESOLUTION TO APPROVE A ONE YEAR VIDEO SERVICES CONTRACT WITH WASHINGTON COUNTY IN THE AMOUNT OF $750.00 PER MONTH FOR THE CITY'S MEDIA SERVICES DIVISION TO RECORD, TELECAST, STREAM AND ARCHIVE MEETINGS OF THE WASHINGTON COUNTY QUORUM COURT AND CERTAIN COMMITTEES, AND TO APPROVE A 0.25 FULL TIME EQUIVALENT POSITION INCREASE Attachments: Wash Co Video Services Contract A. 11 2015-0446 SWEPCO UTILITY RELOCATIONS: A RESOLUTION TO APPROVE A UTILITY RELOCATION AGREEMENT WITH AEP/SWEPCO FOR UTILITY RELOCATIONS AS PART OF THE OLD WIRE ROAD/HIGHWAY 45 INTERSECTION IMPROVEMENTS PROJECT, WITH THE TOTAL AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $46,718.86 Attachments: Legistar Item 2015-0446 B. Unfinished Business: B. 1 2015-0330 ADM 15-5093 (UDC CHAPTERS 161, 164 AND 172-SINGLE FAMILY AND TWO FAMILY INFILL) AN ORDINANCE AMENDING TITLE XV UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE TO AMEND CHAPTERS 161, 164 AND 172 TO MODIFY THE BULK AND AREA REGULATIONS TO ENCOURAGE SMALL LOT SINGLE FAMILY AND TWO FAMILY INFILL IN MULTI-FAMILY ZONING DISTRICTS AND TO INCLUDE MINIMUM DESIGN STANDARDS FOR THIS TYPE OF DEVELOPMENT Attachments: 15-5093 Amended Memo Ordinance Exhibits 15-5093 CC EX A 15-5093 CC EX B 15-5093 CC reports At the August 4,2015 City Council meeting, this ordinance was tabled to the October 6, 2015 City Council meeting. City or Fayetteville,Arkansas Page 5 Printed on 913012015 Combined Final Agenda October 6,2015 Page 6 of 753 City Council Meeting Meeting Agenda-Final Agenda October 6,2015 B. 2 2015-0372 AMEND 172.05 (ADM 15-5088 UDC AMENDMENT CHAPTER 172.05 NON-RESIDENTIAL PARKING REQUIREMENTS: AN ORDINANCE TO AMEND SECTION 172.05 OF THE UNIFIED DEVELOPMENT CODE TO REMOVE MINIMUM PARKING STANDARDS FOR NON-RESIDENTIAL USES Attachments: 15-5088 Parking Standards-Amended Memo&Exh A 15-5088 CC EX A 15-5088 CC Staff reports Supplemental Materials C.4 Additional Amend 172.05 Memo C.4 Tom Overbev Email ADMIN 15-5088 090115 At the September 1, 2015 City Council meeting, this ordinance was left on the first reading. At the September 15, 2015 City Council meeting, this ordinance was left on the second reading. B. 3 2015-0405 2015 MILLAGE LEVY: AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2015 FIXING THE RATE THEREOF AT 2.3 MILLS FOR GENERAL FUND OPERATIONS, 0.4 MILLS FOR THE FIREMEN'S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE POLICEMEN'S PENSION AND RELIEF FUND AND 1.0 MILL FOR THE FAYETTEVILLE PUBLIC LIBRARY; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS Attachments: Millage Levv Agenda Packet FD Presentation PD Presentation At the September 15,2015 City Council meeting, this ordinance was left on the first reading. C. New Business: City or Fayetteville,Arkansas Page 6 Printed on 913012015 Combined Final Agenda October 6,2015 Page 7 of 753 City Council Meeting Meeting Agenda-Final Agenda October 6,2015 C. 1 2015-0423 NABHOLZ OF BIXBY,OKLAHOMA: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A ROTARY LIFT SYSTEM FROM NABHOLZ OF BIXBY, OKLAHOMA IN THE AMOUNT OF $45,990.85 PLUS APPLICABLE TAXES PURSUANT TO A NATIONAL JOINT POWERS ALLIANCE COOPERATIVE PURCHASING AGREEMENT FOR USE BY FLEET OPERATIONS Attachments: SRP- Lift System C. 2 2015-0422 BID NO. 15-47 PETERBILT OF FORT SMITH: A RESOLUTION TO AWARD BID NO. 15-47 AND AUTHORIZE THE PURCHASE OF A PETERBILT 320 DIESEL TRUCK WITH LABRIE/WITTKE SUPERDUTY FRONT LOADER FROM PETERBILT OF FORT SMITH IN THE AMOUNT OF $243,520.00 FOR USE BY THE RECYCLING AND TRASH COLLECTION DIVISION Attachments: SRP- Front Loader SWCM 4032 C. 3 2015-0428 BID NO.LSC-2015 BENCHMARK CONSTRUCTION: A RESOLUTION TO AWARD BID NO. LSC-2015 AND AUTHORIZE A CONTRACT WITH BENCHMARK CONSTRUCTION IN THE AMOUNT OF $37,000.00 FOR A KITCHEN REHABILITATION PROJECT AT LIFESOURCE INTERNATIONAL USING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Attachments: LifeSource Kitchen Improvements Agenda Packet C. 4 2015-0454 APPLE SEEDS,INC.: A RESOLUTION TO AUTHORIZE THE SALE OF APPROXIMATELY 0.75 ACRE OF CITY-OWNED REAL PROPERTY LOCATED AT 2648 OLD WIRE ROAD TO APPLE SEEDS, INC. FOR THE AMOUNT OF $200,000.00, AND TO APPROVE A TWENTY (20) YEAR LEASE AGREEMENT WITH APPLE SEEDS, INC. FOR APPROXIMATELY TWO (2) ACRES ON THE NORTH END OF GULLEY PARK FOR THE PURPOSE OF OPERATING A TEACHING FARM Attachments: Apple Seeds- Legistar Packet City or Fayetteville,Arkansas Page 7 Printed on 913012015 Combined Final Agenda October 6,2015 Page 8 of 753 City Council Meeting Meeting Agenda-Final Agenda October 6,2015 C. 5 2015-0453 BRETT MICHAEL MAGUIRE AND KIMBERLY ANN MAGUIRE REAL ESTATE CONTRACT: A RESOLUTION TO AUTHORIZE THE SALE OF APPROXIMATELY 0.50 ACRE OF CITY-OWNED REAL PROPERTY LOCATED AT 2634 OLD WIRE ROAD TO BRETT MICHAEL MAGUIRE AND KIMBERLY ANN MAGUIRE FOR THE AMOUNT OF $111,500.00 Attachments: 2634 Legistar Packet C. 6 2015-0433 CITY SALES AND USE TAX BONDS: AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY'S SALES AND USE TAX CAPITAL IMPROVEMENT BONDS, SERIES 2015, FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF CERTAIN STREET IMPROVEMENTS; AUTHORIZING THE EXECUTION AND DELIVERY OF A FOURTH SUPPLEMENTAL TRUST INDENTURE PURSUANT TO WHICH THE BONDS WILL BE ISSUED AND SECURED; AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT PURSUANT TO WHICH THE BONDS WILL BE OFFERED; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; AND PRESCRIBING OTHER MATTERS RELATING THERETO Attachments: 2015-0433 Bond Ordinance C. 7 2015-0407 THEATRE SQUARED CITY COUNCIL SUPPORT: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT OF THEATRE SQUARED AND ITS INTENT TO LEASE 0.8 ACRE OF CITY PROPERTY AT THE SOUTHEAST CORNER OF WEST AND SPRING AS THEATRE SQUARED'S NEW PERMANENT PERFORMANCE FACILITY Attachments: Theatre Squared Agenda Item City or Fayetteville,Arkansas Page 8 Printed on 913012015 Combined Final Agenda October 6,2015 Page 9 of 753 City Council Meeting Meeting Agenda-Final Agenda October 6,2015 C. 8 2015-0438 RZN 15-5179(324 N.HORNSBY DRJMARKHAM HILL REZONE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5179, FOR APPROXIMATELY 1.39 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION, AND RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE Attachments: 15-5179 CC EX A-B-C 15-5179 Staff Report C. 9 2015-0442 RZN 15-5156 (1220 W. CLEVELAND STJEXPIRED PZD 12-4079): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5156, FOR APPROXIMATELY 2.71 ACRES, LOCATED AT 1220 AND 1226 W. CLEVELAND STREET AND 725, 727 AND 805 HALL AVENUE FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT TO RSF-4, RESIDENTIAL SINGLE FAMILY,4 UNITS PER ACRE AND P-1, INSTITUTIONAL Attachments: 15-5156 CC EXHIBITS 15-5156 CC DOCS C. 10 2015-0441 RZN 15-5165 (1118 S. DUNN AVE./PEARSON DEVELOPMENT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5165, FOR APPROXIMATELY 0.23 ACRES, LOCATED AT 1118S. DUNN AVENUE FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO NC, NEIGHBORHOOD CONSERVATION Attachments: 15-5165 CC EXHIBITS 15-5165 CC DOCS City or Fayetteville,Arkansas Page 9 Printed on 913012015 Combined Final Agenda October 6,2015 Page 10 of 753 City Council Meeting Meeting Agenda-Final Agenda October 6,2015 C. 11 2015-0432 RZN 15-5174(S.END OF RUPPLE RD./STRIKER DEVELOPMENT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5174, FOR APPROXIMATELY 102 ACRES, LOCATED AT THE SOUTHERN END OF RUPPLE ROAD FROM NC, NEIGHBORHOOD CONSERVATION; CS, COMMUNITY SERVICES; R-A, RESIDENTIAL-AGRICULTURAL; RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE; AND RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE TO R-A, RESIDENTIAL-AGRICULTURAL; RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE; RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE; NC, NEIGHBORHOOD CONSERVATION AND CS,COMMUNITY SERVICES Attachments: 15-5174 CC Exhibits 15-5174 CC reports C. 12 2015-0440 VAC 15-5087(1005 E. ROCKWOOD TRAIL/L &F CONSTRUCTION): AN ORDINANCE TO APPROVE VAC 15-5087 SUBMITTED BY FRED PATRICK FOR PROPERTY LOCATED AT 1005 ROCKWOOD TRAIL TO VACATE AN ALLEY RIGHT OF WAY Attachments: 15-5087 CC EXHIBITS 15-5087 CC DOCS C. 13 2015-0437 VAC 15-5157(688 N.WHITHAM AVE./1ST WESTERN BANK): AN ORDINANCE TO APPROVE VAC 15-5157 SUBMITTED BY GENE BUESCHER FOR PROPERTY LOCATED AT 688 WHITHAM AVENUE TO VACATE AN ALLEY RIGHT OF WAY Attachments: 15-5157 CC EX A& B 15-5157 Staff Report City or Fayetteville,Arkansas Page 10 Printed on 913012015 Combined Final Agenda October 6,2015 Page 11 of 753 City Council Meeting Meeting Agenda-Final Agenda October 6,2015 C. 14 2015-0436 VAC 15-5161 (2055 E. SIGNAL HILL DEPOT/BUTTERFIELD TRAIL VILLAGE): AN ORDINANCE TO APPROVE VAC 15-5161 SUBMITTED BY JOE PERME FOR PROPERTY LOCATED AT 2055 E. SIGNAL HILL DEPOT TO VACATE A PORTION OF A UTILITY EASEMENT Attachments: 15-5161 CC EX A& B 15-5161 Staff Report C. 15 2015-0434 VAC 15-5176(MARK MILLS LANE/SUMMIT PLACE SD): AN ORDINANCE TO APPROVE VAC 15-5176 SUBMITTED BY BLEW & ASSOCIATES, INC. FOR PROPERTY LOCATED ALONG MARK MILLS LANE TO VACATE PORTIONS OF A CONSERVATION EASEMENT Attachments: 15-5176 CC Exhibits 15-5176 CC reports C. 16 2015-0439 VAC 15-5177(1375 N.LEVERETT AVE./NOBLE OAKS APTS.): AN ORDINANCE TO APPROVE VAC 15-5177 SUBMITTED BY JORGENSEN & ASSOCIATES, INC. FOR PROPERTY LOCATED AT 1375 N. LEVERETT AVENUE TO VACATE A PORTION OF A UTILITY EASEMENT Attachments: 15-5177 CC EXHIBITS 15-5177 CC DOCS C. 17 2015-0443 VAC 15-5178(SW CORNER JOYCE & STEELE BLVDS./CMN LOTS 3 & 4): AN ORDINANCE TO APPROVE VAC 15-5178 SUBMITTED BY JORGENSEN & ASSOCIATES, INC. FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JOYCE & STEELE BOULEVARDS TO VACATE PORTIONS OF UTILITY, DRAINAGE AND TRAIL EASEMENTS Attachments: 15-5178 CC EXHIBITS 15-5178 CC DOCS City or Fayetteville,Arkansas Page 11 Printed on 913012015 Combined Final Agenda October 6,2015 Page 12 of 753 City Council Meeting Meeting Agenda-Final Agenda October 6,2015 C. 18 2015-0435 AMEND § 156.03 DEVELOPMENT,PARKING AND LOADING: AN ORDINANCE TO AMEND § 156.03 DEVELOPMENT, PARKING AND LOADING OF THE VARIANCES CHAPTER OF THE UNIFIED DEVELOPMENT CODE TO ESTABLISH A VARIANCE PROCEDURE FOR COMMERCIAL, OFFICE AND MIXED USE DESIGN AND DEVELOPMENT STANDARDS Attachments: 15-5124 CC reports C. 19 2015-0425 PARKING DIVISION FULL TIME EQUIVALENT POSITION: A RESOLUTION TO AUTHORIZE THE ADDITION OF 1.0 FULL TIME EQUIVALENT POSITION TO THE PARKING DIVISION TO PROVIDE FOUR PART TIME EMPLOYEES TO STAFF EVENT PARKING IN THE SPRING STREET PARKING DECK Attachments: Event Parking FTE-CC Packet D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City or Fayetteville,Arkansas Page 12 Printed on 913012015 Combined Final Agenda October 6,2015 Page 13 of 753 City Council Meeting Meeting Agenda-Final Agenda October 6,2015 All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant(city contractor, rezoning or development applicant, etc.)may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos,petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting.Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided,this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. City or Fayetteville,Arkansas Page 13 Printed on 913012015 Combined Final Agenda October 6,2015 Page 14 of 753 City Council Meeting Meeting Agenda-Final Agenda October 6,2015 Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 479-575-8330. A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. City or Fayetteville,Arkansas Page 14 Printed on 913012015 Combined Final Agenda October 6,2015 City of Fayetteville, Arkansas 113 West MountaiFegBe15 of 753 Fayetteville,AR 72701 - - (479)575-8323 Text File File Number: 2015-0374 Agenda Date: 10/6/2015 Version: 1 Status:Agenda Ready In Control: City Council Meeting File Type: Presentation Agenda Number: 1. CITY COUNCIL MEETING PRESENTATION - FAYETTEVILLE NATURAL HERITAGE ASSOCIATION CHECK PRESENTATION RELATED TO KESSLER MOUNTAIN RESERVE City of Fayetteville,Arkansas Page 1 Printed on 973072015 Combined Final Agenda October 6,2015 City of Fayetteville, Arkansas 113 West Mountai88gBe16 of 753 Fayetteville,AR 72701 - - (479)575-8323 Text File File Number: 2015-0451 Agenda Date: 10/6/2015 Version: 1 Status:Agenda Ready In Control: City Council Meeting File Type: Presentation Agenda Number: 2. CITY COUNCIL MEETING PRESENTATION-OZARK REGIONAL TRANSIT PRESENTATION City of Fayetteville,Arkansas Page 1 Printed on 973072015 Combined Final Agenda October 6,2015 City of Fayetteville, Arkansas 113 West MountaiFegBe17 of 753 Fayetteville,AR 72701 - - (479)575-8323 Text File File Number: 2014-0512 Agenda Date: 10/6/2015 Version: 1 Status:Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number:A. 1 APPROVAL OF THE SEPTEMBER 15,2015 CITY COUNCIL MEETING MINUTES. City of Fayetteville,Arkansas Page 1 Printed on 973072015 Combined Final Agenda October 6,2015 City of Fayetteville, Arkansas 113 West MountaiFegBe18 of 753 Fayetteville,AR 72701 - - (479)575-8323 Text File File Number: 2015-0418 Agenda Date: 10/6/2015 Version: 1 Status:Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number:A.2 2015 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION AWARD: A RESOLUTION AUTHORIZE ACCEPTANCE OF A 2015 JUSTICE ASSISTANCE GRANT LOCAL SOLICITATION AWARD IN THE AMOUNT OF $72,774.00, OF WHICH $29,576.00 WILL BE USED BY THE FAYETTEVILLE POLICE DEPARTMENT, WITH $28,943.00 TO BE DISBURSED TO THE CITY OF SPRINGDALE AND $14,255.00 TO WASHINGTON COUNTY, 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 2015 Justice Assistance Grant Local Solicitation Award in the amount of $72,774.00, of which $29,576.00 will be used by the Fayetteville Police Department on training, equipment and supplies, with $28,943.00 to be disbursed to the City of Springdale and$14,255.00 to Washington County. Section 2. That the City Council of the City of Fayetteville,Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville,Arkansas Page 1 Printed on 973072015 Combined Final Agenda October 6,2015 Page 19 of 753 City of Fayetteville Staff Review Form 2015-0418 Legistar File ID 10/6/2015 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Greg Tabor 9/3/2015 Police/ Police Department Submitted By Submitted Date Division/ Department Action Recommendation: Acceptance of the 2015 Justice Assistance Grant (JAG) Local Soliciation award and approval of a budget adjustment in the amount of$72,774 for the purchase of law enforcement training, equipment, and supplies. Budget Impact: 1010-2920-various General Account Number Fund 39022.2015 Police 2015 JAG Local Solicitation Project Number Project Title Budgeted Item? No Current Budget $ Funds Obligated $ Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? Yes Budget Adjustment $ 72,774.00 Remaining Budget $ 72,774.00 V20140710 Previous Ordinance or Resolution# Original Contract Number: Approval Date: Comments: Combined Final Agenda CITY OF October 6,2015 Page 20 of 753 VARnKANSAS CITY COUNCIL AGENDA MEMO SS MEETING OF OCTOBER 6, 2015 TO: Mayor and City Council FROM: Greg Tabor, Chief of Police DATE: September 3, 2015 SUBJECT: 2015 Justice Assistance Grant Local Solicitation Award RECOMMENDATION: Staff recommends acceptance of the 2015 Justice Assistance Grant(JAG) Local Solicitation Award and approval of a budget adjustment in the amount of$72,774 for the purchase of law enforcement training, equipment, and supplies. If you should have any comments or questions regarding this grant award, please contact me at extension 500. BACKGROUND: The U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance has awarded the 2015 JAG for local agencies. This award is based in part on population and violent crime rates. For the eleventh year, JAG funding has been given to Fayetteville, Springdale, and Washington County to share. This grant does not require local matching funds. DISCUSSION: The Fayetteville Police Department will be the lead agency for this grant award in the amount of$72,774. Fayetteville will receive $29,576 to be spent on certification/training areas and computer hardware/software systems. Also within this grant award, Springdale will receive $28,943 to purchase rifles, and Washington County will receive $14,255 to purchase tactical carriers and a large format display. BUDGET/STAFF IMPACT: This grant does not require local matching funds and has no impact on staffing levels. Attachments: Budget Adjustment Grant Award Documents/Conditions Mailing Address: 113 W. Mountain Street www.fayetteville-acg0v Fayetteville, AR 72701 Combined Final Agenda October 6,2015 Page 21 of 753 Department of Justice 1 Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs WuAmglon,D C. 20531 August 31,2015 The Honorable Lioneld Jordan City of Fayetteville 100 A.West Rock Street Fayetteville,AR 72701-6069 Dear Mayor Jordan: On behalf of Attorney General Loretta Lynch,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 15 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation in the amount 0£$12,774 for City of Fayetteville. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: - Program Questions,Maria T.Anderson,Program Manager at(202)514-7057;and - Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures Combined Final Agenda October 6,2015 Page 22 of 753 OFFICE FOR CIVIL RIGHTS i + r Office of Justice Programs Department of Justice 810 7th Street,NW Washington,DC 20531 Tel:(202)307-0690 TTY:(202)307-2027 E-mail:askOCR@usdoj.gov Website:www.ojp.usdoj.gov/ocr August 31,2015 The Honorable Lioneld Jordan City of Fayetteville 100 A.West Rock Street Fayetteville,AR 72701-6069 Dear Mayor Jordan: Congratulations on your recent award. In establishing financial assistance programs,Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of Justice (DOJ)is responsible for ensuring that recipients of financial assistance from the OJP,the Office of Community Oriented Policing Services (COPS),and the Office on Violence Against Women(OV W)comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race,color,national origin, religion,sex,or disability in funded programs or activities,not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of2013,President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994(VAWA)by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race,color,national origin,religion,sex,disability,sexual orientation,or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1,2013. The OCR and the OV W have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/about/ocr/vawafags.h". Enforcing Civil Rights Laws All recipients of federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to prohibitions against unlawful discrimination. Accordingly,the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition,based on regulatory criteria,the OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Combined Final Agenda October 6,2015 Page 23 of 753 Providing Services to Limited English Proficiency(LEP)Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP). See U.S.Department of Justice,Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,67 Fed.Reg.41,455(2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The DOJ regulation,Equal Treatment for Faith-Based Organizations,28 C.F.R.pt.38,requires Slate Administering Agencies(SAAB)to treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAB from making awards or grant administration decisions on the basis of an organization's religious character or affiliation,religious name,or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to fund inherently(or explicitly) religious activities. While faith-based organizations can engage in non-funded inherently religious activities,they must hold them separately from the program funded by the DOJ,and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of beneficiary's religion. For more information on the regulation,please see the OCR's website at http://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm. SAAB and faith-based organizations should also note that the Omnibus Crime Control and Safe Sheets Act(Safe Sheets Acl)of 1968,as amended,42 U.S.C.§3789d(c);the Victims of Crime Act of 1984,as amended,42 U.S.C.§10604(e);the Juvenile Justice and Delinquency Prevention Act of 1974,as amended,42 U.S.C.§5672(b);and VA WA,Pub.L.No.113-4,sec.3(b)(4),127 Stat.54,61-62(to be codified al 42 U.S.C.§13925(b)(13))contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions,the DOJ has concluded that it may construe the Religious Freedom Restoration Act(RFRA)on a case-by- case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff,even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use ofaresl and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S.Department of Justice on the U.S.Equal Employment Opportunity Commission's Enforcement Guidance:Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964(June 2013),available at http://www.ojp.usdoi.gov//about/ocr/pdfsfUscofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin,resulting in unlawful employment discrimination. In light ofthe Advisory,recipients should consult local counsel in reviewing their employment practices. If warranted,recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans(EEOPs)(see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act,must meet two obligations:(1)complying with the federal regulation pertaining to the development ofan EEOP(see 28 C.F.R.pt.42,subpt.E)and(2) submitting to the OCR findings of discrimination(see 28 C.P.R.§§42.204(c),.205(c)(5)). Combined Final Agenda October 6,2015 Page 24 of 753 Meeting the EEOP Requirement If your organization has less than fifty employees or receives an award of less than$25,000 or is a nonprofit organization,a medical institution,an educational institution,or an Indian tribe,then it is exempt from the EEOP requirement. To claim the exemption,your organization must complete and submit Section A of the Certification Form,which is available online at http://www.ojp.usdoj.gov/about/ocr/pdfs/cen.pd f. If your organization is a government agency or private business and receives an award of$25,000 or more,but less than$500,000,and has fifty or more employees(counting both full-and part-lime employees but excluding political appointees),then it has to prepare a Utilization Report(formerly called an EEOP Short Form),but it does not have to submit the report to the OCR for review. Instead,your organization has to maintain the Utilization Report on file and make it available for review on request. In addition,your organization has to complete Section D of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and has received an award for$500,000 or more and has fitly or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report (formerly called an EEOP Short Form)and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report,please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/ecop.him. In addition,your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. To comply with the EEOP requirements,you may request technical assistance from an EEOP specialist at the OCR by telephone at(202) 307-0690,by TTY at(202)307-2027,or by e-mail at EEOsubmisson@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the dale of the grant award,your organization has received an adverse finding of discrimination based on race, color,national origin,religion,or sex,after a due-process hearing,from a state or federal court or from a state or federal administrative agency,your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAB must have standard assurances to notify subrecipients of their civil rights obligations,written procedures to address discrimination complaints filed against subrecipienls,methods to monitor subrecipienls'compliance with civil rights requirements,and a program to train subrecipienls on applicable civil rights laws. In addition,SAAB must submit to the OCR every three years written Methods of Administration(MOA)that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipienls. For more information on the MOA requirement,see http://www.ojp.usdoj.gov/fundinglother_requirements.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance,please contact us. Sincerely, a. A&h---- Michael L.Alston Director cc: Grant Manager Financial Analyst Combined Final Agenda _ October 6,2015 Department of Justice Page 25 of 753 ,i' Office of Justice Programs � j Bureau of Justice Assistance Grant PAGE I of 9 I.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARDNUMBER: 2015-DbBX-0512 City of Fayetteville IOOAWsst Rock Street S.PROJECT PERIOD:FROM 10/0172014 TO 09/3012018 Fayetteville,AR 72901-6069 BUDGETPERIOD:FROM 10/01/2014 TO 09/302018 6.AWARDDATE 08/31/2015 7.ACTION 2a.GRANTEEIRSNENDORNO, 8.SUPPLEMENT NUMBER Initial 716018462 00 21E.GRANTEE DUNS NO. 071607698 9.PREVIOUS AWARD AMOUNT $0 3.PROJECT TITLE 10,AMOUNT OF THIS AWARD $72,774 Fayeaevil Is City,Springdale City and Washington County FYI JAG Project 11.TOTAL AWARD $72,774 12,SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ONTHEATTACHEDPAGEEL 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FYI5(BJA-JAG)42 USC 3750,et sect. 14 CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number) 16.738-Edward Byrne Memorial Justice Assistance Grand Program 15.METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANI'EF.ACCISPI ANCE IG TYPED NAME AND TITLE OF APPROVING OFFICIAL 1S TYPEII NAMEANDTITLEOFA1JT110RIZEDGRANTEEOFFICIAL Denise O'Donnell Lioneld Jordan Director Mayor 17 SIGNATURE OF APPROVING OFFICIAL 19 SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE AGENCYUSEONLY 20.ACCOUNTING CLASSIFICATION CODES 21. PDJUGT0562 FISCAL FUND BUD. DIV- YEAR CODE ACT. DEC. REG. SUB POMS ANOINT X B DI 80 00 00 72774 OIP FORM 400012(REV 5-87)PREVIOUS EDITIONS ARE OBSOLETE. DJP YOKM 4000/2(RFV.4-88) Combined Final Agenda October 6,2015 Department of Justice Page 26 of 753 / Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 of 9 / Grant PROIECTsMW[BER 2015-DI-BX0512 AWARD DATE 08/31Q015 SPECIAL CONDITIONS I. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Pan 200,as adopted and supplemented by the Department of Justice(DOJ)in 2 C.F.R.Part 2800(the"Part 200 Uniform Requirements") apply to Ibis 2015 award from the Office of Justice Programs(OJP). For this 2015 award,the Pan 200 Uniform Requirements,which were first adopted by DOJ on December 26,2014,supersede,among other things,the provisions of 28 C.F.R.Pans 66 and 70,as well as those oft C.F.R.Pans 215,220,225,and 230. If this 2015 award supplements funds previously awarded by OR under the same award number,the Pan 200 Uniform Requirements apply with respect to all award funds(whether derived from the initial award or a supplemental award) that are obligated on or atter the acceptance date of this 2015 award. Potential availability of grace period for procurement standards: Under the Part 200 Uniform Requirements,a time- limited grace period may be available under certain circumstances to allow for transition from policies and procedures that complied with previous standards for procurements under federal awards to policies and procedures that comply with the new standards(that is,to those at 2 C.F.R.200.317 through 200.326). For more information on the Part 200 Uniform Requirements,including information regarding the potentially-available grace period described above,see the Office of Justice Programs(OJP)website at bttp://ojp.gov/funding/Part2OOUnifoimRequirments.htm. In the event that an award-related question arises from documents or other materials prepared or distributed by OR that may appear to conflict with,or differ in some way from,the provisions of The Part 200 Uniform Requirements,the recipient is to contact OP promptly for clarification. 2. The recipient agrees to comply with the Department oflustice Grants Financial Guide as posted on the OR website (currently,the"2015 DOJ Grants Financial Guide"). 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R.Section 42.302)that is approved by the Office for Civil Rights is a violation of the Standard Assurances executed by the recipient,and may result in suspension of funding until such time as the recipient is in compliance,or lermination of the award. 4. The recipient understands and agrees that OJP may withhold award funds,or may impose other related requirements,if the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terns of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DOJ awards. S Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without(be express prior written approval of OJP. 6. The recipient and any subrecipienls must promptly refer to the DOJ OIG any credible evidence that a principal, employee,agent,subrecipient,contractor,subcontractor,or other person has--(1)submitted a claim for award funds that violates the False Claims Act;or(2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct involving award funds.Potential fraud,waste,abuse,ormisconducT should be reported to the OIG by-mail:Office of the Inspector General U.S.Department of Justice Investigations Division 950 Pennsylvania Avenue,N.W.Room 4706 Washington,DC 20530 e-mail:oig.hodinc@usdoj.gov hotline: (contact information in English and Spanish):(800)869-4499 or hotline fax:(202)616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig ON FORM 4000/2(REV_4-88) Combined Final Agenda October 6,2015 Department of Justice Page 27 of 753 p Office of Justice Programs AWARD CONTINUATION 9 if Bureau of Justice Assistance SHEET PAGE 3 OF e ♦.._ r Grant PROJECTWMEER 2015-/-a%-0512 AWARD GATE 08/312015 SPECIAL CONDITIONS 7. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient under this award,or entity that receives a contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award,the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise curenlly restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and b. certifies that,if it]cams or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized to make subawards or contracts under this award-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward,contract,or subcontract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and (2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and b. it certifies that,if it]cams or is notified that any subrecipient,contractor,or subcontractor entity[hat receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any further obligations of award funds to or by[hat entity,will provide prompt written notification to the agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 8. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any contract or sub ovard to either the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries,without the express prior written approval of Off. 9. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee.Cf.28 C.F.R.parts 66,70. CUP I ORM 40no2(Rev.4.88) Combined Final Agenda October 6,2015 Department of Justice Page 28 of 753 a e Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET PAGE 4 OF 9 Grant PROJECTI41AIBER 2015-DJ-B%-0512 AWARD DATE 08/312015 SPECIAL CONDITIONS 10. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management(SAM)(or with a successor government-wide system officially designated by OMB and OJP). The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System(DUNS)number.The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/sam.hn(Award condition:Registration with the System for Award Management and Universal Identifier Requirements),and are incorporated by reference here.This special condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 11. Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,'74 Fed,Reg. 51225(October I,2009),the Department encourages recipients and sub recipients to adapt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 12. The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences,meetings,trainings,and other events,including the provision of food and/or beverages at such events,and costs of attendance at such events.Information on rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"2015 DOJ Grants Financial Guide"). 13. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the DIP Training Guiding Principles for Grantees and Subgrantees,available at http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm. 14. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OR award,and those award funds have been,are being,or are to be used,in whole or in part,for one or more of the identical cost items for which funds are being provided under this OR award,the recipient will promptly notify,in wrili ng,the grant manager for this ON award,and,if so requested by OJP,seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication mf funding. 15. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds,or of the parents or legal guardians of such students. 16. The recipient understands and agrees that-(a)No award funds may be used to maintain or establish a computer network unless such network blocks the viewing,downloading,and exchanging of pornography,and(b)Nothing in subsection(a)limits the use of funds necessary for any Federal,Slate,tribal,or local law enforcement agency or any other entity carrying out criminal investigations,prosecution,or adjudication activities. 17. A recipient that is eligible under the Part 200 Uniform Requirements to use the Me minimis"indirect cost rate described in 2 C.F.R.200.414(f),and that elects to use the"de minions"indirect cost rale,must advise OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200 Uniform Requirements.The"de minimis"rate may be applied only to modified total direct costs(MTDC). 18. The recipient must collect,maintain,and provide to OJP,data that measure the performance and effectiveness of activities under this award,in the manner,and within the timeframes,specified in the program solicitation,or as otherwise specified by OJP.Data collection supports compliance with the Government Performance and Results Act (G PRA)and the GPRA Modernization Act,and other applicable laws. ON FORM 400012(REV 4-89) Combined Final Agenda October 6,2015 Department of Justice Page 29 of 753 a`v Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 9 r Grant PROJECTM EIER 2015-DJ-BX-0512 AWARD DATE 08/312015 SPECIAL CONDITIONS 19. The recipient agrees to comply with OJT grant monitoring guidelines,protocols,and procedures,and to cooperate with BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic desk reviews,and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks,including documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards,including,but not limited to:withboldings and/or other restrictions on the recipient's access to grant funds;referral to the Office of the Inspector General for audit review;designation of the recipient as a DOJ High Risk grantee;or termination of an award(s). 20. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at htip://www.ojp.gov/funding/ffala.htm(Award condition:Reporting subawards and Executive Compensation),and are incorporated by reference here. This condition,and its reporting requirement,does not apply to grant awards made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that be or she may own or operate in his or her name). 21. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community,OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOD's Global)guidelines and recommendations for this particular grant.Grantee shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at: http://www.it.ojp,gov/gsp—gmnicondition.Grantee shall document planned approaches to information sharing and describe compliance to the OSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 22. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 23. The recipient agrees that any information technology system funded or supported by ON funds will comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable. Should OR determine 28 C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as per the regulation. Should any violation of 28 C.P.R.Part 23 occur,the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal Ponds. 24. The grantee agrees to comply with the applicable requirements of 28 C.F.R.Pan 38,the Department of Justice regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation').The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities,such as worship,religious instruction,or proselytizalion.Recipients of direct grants may still engage in inherently religious activities,but such activities must be separate in time or place from the Department of Justice funded program,and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award,faith- based organizations may,in some circumstances,consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm. OJP FORM 4000/2(REV 488) Combined Final Agenda October 6,2015 - Department of Justice Page 30 of 753 ;Y}' Office ofJuslice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 9 9 Grant PROJECT NUMBER 2015-DU-BX-0512 AWARD DATE 0813112015 SPECIAL CONDITIONS 25. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. 26. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C.section 3789g and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation ofdam or information.Grantee further agrees,as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Pan 22 and,in particular, section 22.23. 27. Award recipients must verify Point ofContacl(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address. If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes. 28. The grantee agrees that within 120 days of award acceptance,each current member of law enforcement task force funded with these funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,will complete required online(intemet-based)task force training.Additionally,all future task force members are required to complete this training once during the life of(his award,or once every four years if multiple awards include this requirement.The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership(www.ctfli.org).This training addresses task force effectiveness as well as otherkey issues including privacy and civil Iibenies/rights,task force performance measurement,personnel selection,and task force oversight and accountability.When BJA funding supports a task force,a task force personnel roster should be compiled and maintained,along with course completion certificates,by the grant recipient.Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership(www.ctfli.org). 29. The recipient agrees to participate in BJA-sponsored training events,technical assistance events,or conferences held by BJA or its designees,upon BJA's request. 30. All procurement(contract)transactions under this award must be conducted in a manner that is consistent with applicable Federal and Stale law,and with Federal procurement standards specified in regulations governing Federal awards to non-Federal entities. Procurement(contract)transactions should be competitively awarded unless circumstances preclude competition. Noncompetitive(e.g.,sole source)procurements by the award recipient in excess of the Simplified Acquisition Threshold(currently$150,000)set on(in the Federal Acquisition Regulation must receive prior approval from the awarding agency,and must otherwise comply with rules governing such procurements found in the current edition of the OUP Financial Guide. 31. Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed justification must be submitted to and approved by the Office of Justice Programs(OJP)program office prior to obligation or expenditure of such funds. 32. Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of the Pan 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report,SF 425. DIPPOR.N 40U012(RFV 4-33)