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Home My WebLink About163-04 RESOLUTION• • RESOLUTION NO. 163-04 A RESOLUTION ACCEPTING THE 2004-2005 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT IN THE AMOUNT OF $30,000.00 FOR THE PURPOSE OF PAYING OVERTIME TO OFFICERS ENGAGED IN DWI/DUI AND SEATBELT ENFORCEMENT AND TO PURCHASE CHILD SAFETY SEATS FOR DISTRIBUTION TO THE PUBLIC; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE. 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 accepts the 2004-2005 Selective Traffic Enforcement Program (STEP) Grant in the amount of $30,000.00 for the purpose of paying overtime to officers engaged in DWI/DUI and seatbelt enforcement and to purchase child safety seats for distribution to the public. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment recognizing the grant revenue. PASSED and APPROVED this 19th day of October 2004. ATTEST: L By: 0,4,t 4.4.) /14,doL SON RA SMITH, City Clerk APPROVED: By DA COODY, Mayo Mike Huckabee Governor • State of Arkansas • ARKANSAS STATE POLICE 1 State Police Plaza Drive • Little Rock, Arkansas 72209 • www.asp.state.ar.us HIGHWAY SAFETY SUBGRANT AGREEMENT ALCOHOL/OTHER DRUG COUNTERMEASURES PROGRAM OCCUPANT PROTECTION PROGRAM RECIPIENT Fayetteville Police Department P. O. Box 1988 Fayetteville, Arkansas 72702 Telephone: (479) 587-3555 Fax: (479) 587-3522 GOVERNMENTAL UNIT City of Fayetteville P. O. Box 1988 Fayetteville, AR 72702 Steve Dozier Director PROJECT NO. J8-2005-08-10-05 PROJECT NO. OP -2005-03-02-08 TYPE OF APPLICATION TAX ID# 71-6018462 Initial: Revision: PROJECT TITLE Continuation: X Selective Traffic Enforcement Project INITIAL PROJECT STARTING DATE OPERATIONAL AREA OF PROJECT October 1, 1998 City of Fayetteville AMOUNT COST CATEGORY FEDERAL STATE LOCAL PROJECT PERIOD Personal Services $25,000 $15,000 From: Equipment Maintenance & Operation Other Direct Costs Indirect Costs Administrative Costs Total aft To: 5,000 $5,000 $5 QQQ $20,000 Page 1 of 14 10-1-2004 9-30-2005 SOURCE Federal State Local Total FUNDING PERIOD From: To: FUNDING 10-1-2004 9-30-2005 AMOUNT $25 000 5,000 20,000 $50,000 • • ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT INDEX Item Page 1: Title Page 1 2. Index Page 2 3. Scope of Work 3 4. Audit and Certification Requirements 4 - 6 5. Work Statement 7-10 6. Subgrantee Invoice Forms 11-13 7. Signature Sheet 14 AGREEMENT PREPARED BY: Chip Payne TITLE: Program Manager ADDRESS: Arkansas State Police Highway Safety Office #1 State Police Plaza Dr. Little Rock, AR 72209 PHONE: (501) 618-8137 FAX: (501) 618-8124 Page 2 of 14 • • ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT SCOPE OF WORK PROJECT GOAL: To reduce traffic -related fatalities and injuries by conducting a selective traffic enforcement project in Fayetteville. The goal for each component of this dual funded project is as follows: Alcohol Component (Section 410) - Maintain alcohol-related crashes below six percent of all traffic crashes Seat Belt Component (Section 402) — Increase seat belt usage by three percentage points from 70% to 73%. SUMMARY OF PROJECT OBJECTIVES: The project's primary objectives are to achieve an average of one DWUDUI arrest per eight hours of alcohol enforcement and three vehicle stops per hour during traffic enforcement (with an emphasis on enforcement of speed and occupant restraint laws). A public information and education program will support these objectives. METHOD OF EVALUATION BY ASP ADMINISTRATIVE: X IMPACT EVALUATION: X By achievement of performance standards. REIMBURSEMENT - ACTUAL COST ONLY ASP will reimburse the recipient an amount equal to % of all eligible cost. X ASP will reimburse the recipient an amount equal to all eligible costs as identified in work statement. REIMBURSEMENT LIMITS 1. Maximum amount eligible for reim- bursement: Federal Funds: $25,000 State Funds: $ 5,000 2. Only those orders placed and costs incurred during the following time period shall be eligible for reimburse- ment: (Date) 10-1-2004 to (Date) 9-30-2005 3. The recipient must bear all costs not eligible for Federal reimbursement. 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 policy. (See Subgrant Agreement/Contract Term II ) Page 3 of 14 • • ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT AUDIT REQUIREMENTS The recipient will arrange for an organization -wide financial and compliance audit, as required by OMB Circular A -I33, within the prescribed audit reporting cycle. The audit report must separately identify highway safety funds from other Federal funds. Two (2) copies of the report will be furnished to the Arkansas State Police 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 A-133 is available on request. The recipient has been made aware of audit requirements. CERTIFICATION REGARDING FEDERAL LOBBYING: The recipient certifies, to the best of his or her knowledge and belief, that: (1) 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. (2) 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. (3) 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. 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 $1Q000 and not more than $100,000 for each such failure. Page 4 of 14 • • • ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT RESTRICTION ON STATE LOBBYING: 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. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: In accordance with the provisions of 49 CFR Part 29, the State agrees that it shall not knowingly enter into any agreement under its Highway Safety Plan with a person or entity that is barred, suspended, declared ineligible, or voluntarily excluded from participation in the Section 402 program, unless otherwise authorized by NHTSA. The State further agrees that it will include the following clause and accompanying instruction, without modification, in all lower tier covered transactions, as provided by 49 CFR Part 29, and in all solicitations for lower tier covered transactions. Instructions for Lower Tier Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. 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 and/or debarment. 3. 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. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. Page 5 of 14 • • ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT 5. 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. 6. The prospective lower tier participant further agrees by submitting this proposal that is it will include the clause titled "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. (See below) 7. 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 may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 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 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 and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. 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 participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal. Page 6 of 14 • • ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT A. The recipient, Fayetteville Police Department, in exchange for consideration offered by the Arkansas State Police (ASP), and in the interest of improving traffic safety, hereby agrees to pursue the achievement of the following objectives: 1. Appoint a Project Coordinator to be a liaison between the recipient and the Highway Safety Office (HSO) 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 contract change orders when applicable. Compensation for the Project Coordinator will be from local funds. 2. Ensure that the Project Coordinator, or designee, has successfully completed the Arkansas Highway Safety Office Project Management Course. This course will provide information and updates on State, Federal and Highway Safety Office policies and procedures. Travel, meals and lodging will be reimbursed for eligible participant. Participants will be notified of the specific dates and location of this course. Implement a seat belt policy if one does not exist. If not previously submitted, provide a copy of the policy to the HSO no later than sixty days after the start of this project. 4. Conduct selective enforcement of the State's driving while intoxicated (DWI)/driving under the influence (DUI), seat belt, speed limit, child passenger protection 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. DWUDUI enforcement will start no earlier than 9:00 p.m. on Wednesdays, Thursdays, Fridays and Saturdays and end no later than 3:00 a.m. the following morning on Thursdays, Fridays, Saturdays and Sundays. Enforcement may also be conducted on State and/or National holidays. The DWUDUI enforcement hours may be revised if the recipient cannot achieve and/or maintain the project performance standard. Seat belt enforcement (enforcement during daylight hours) will emphasize enforcement of seat belt, child restraint and speed limit laws Officers working on the project are expected to enforce all the laws cited in this agreement during both DWUDUI and seat belt enforcement. 6. Performance standards are as follows: During Seat Belt Enforcement Average three vehicle stops per hour of enforcement During DWUDUI Enforcement Average one DWI/DUI arrest per eight hours of enforcement Persons arrested for violation of Arkansas Code Annotated 5-65-103 and 5-56-205 shall be determined to be DWI arrests. Youthful offenders arrested for violation of Arkansas Code Annotated 5-65-303 shall be determined to be DUI arrests. Page 7 of 14 • • ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT Participate in two seat belt and one DWI/DUI national enforcement mobilizations 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 seat belt mobilizations for evaluation purposes. Seat belt mobilizations will be conducted in November around the Thanksgiving holiday period and in May surrounding Buckle Up America Week and Memorial Day. The DWI/DUI mobilization will be conducted in August/September surrounding the Labor Day holiday period. Manage project activity to ensure that sufficient funds are available to participate in mobilizations. Submit a mobilization report within 15 days after a mobilization period in accordance with format provided by the HSO. Conduct other PI&E activities to support the objectives of this project. These activities may include, but are not limited to, conducting news conferences, issuing press releases, having members of the media ride with officers during selective enforcement patrol, conducting child safety seat clinics, making presentations to schools and/or civic groups and distributing educational materials. At the beginning of the project period a press release must be issued and/or a press conference must be conducted to notify the community of the project activities. 9. The only costs eligible for reimbursement are selective enforcement (which includes officer pay and applicable benefits) and child safety seats. 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 or working at child safety seat clinics will not be used when calculating enforcement performance. 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. Reimbursement is limited to one officer per patrol vehicle. 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. 10. Purchase and loan child safety seats in accordance with HSO policy. Seats must be purchased no later than March 29, 2005. All purchases must be approved in advance by the ASP HSO. Page 8 of 14 • • • ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT 11. Ensure that all officers working on this project have 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. 12. Ensure that all officers working on this project are familiar with Act 561 of 2001 (the ".08 BAC law"). Effective August 13, 2001, the per se level for intoxication changed from .10 BAC to .08 BAC. Ensure that all officers working on this project are familiar with Act 470 of 2001 (the amended "Child Passenger Protection Act"). Effective August 13, 2001, all 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 Act is a primary offense, meaning that a vehicle may be stopped if there is probable cause to believe that the law is being violated. 13. Submit monthly reimbursement requests, local match reporting form and activity reports, including PI&E activities, along with a cover letter(s) by the 20th of the subsequent month in accordance with formats provided by the HSO. An Annual Project Activity Report will be submitted in accordance with the format provided by the HSO. Include with the annual report a tabulation of local funds contributed (50% required) to this project. This report and the final reimbursement request are due within 20 days following the end of the project period. Final reimbursement will not be made until a satisfactory annual report submitted. 14. Create a project file for maintaining the agreement and financial documents. The file will contain a copy of this agreement, agreement terms, related ASP policies and procedures, policies or procedures of the recipient related to this project's activities, copies of monthly activity reports and reimbursement requests, correspondence relating to the agreement, a copy of daily time sheets which reflect regular and selective enforcement hours worked and documentation of any public information activities. 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 all time sheets for all selective enforcement officers paid through this agreement must be kept in this file. All time sheets must have officer's and supervisor's signatures with attached supporting documents. Page 9 of 14 • • ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT B. The Arkansas State Police (ASP) 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 10 of 14 • Arkansas State Police Highway Safety Office Subgrantee Invoice Form • Selective Traffic Enforcement Program SUBGRANT 8: - J8-2005-08-10-05 - AWARD PERIOD: .110/1/04 to 9D0/OS 1 SUBGRANT#: OP -2005-03-02-08 CFDA TITLE: State & Community Highway Safety . Fayetteville Arkansas _ AWARD AMOUNT: 515,000.00 CFDA it 20.600 EIN (Tax ID #): 71-6018462 . ' CFDA TITI.E: Alcohol Traffic Safety and D uok Driving Prevention Incentive Grant, Expenditures This Period -•, AWARD AMOUNT:. .. 510,000.00 ,. CFDA # . 20.601 • - SNI P2203 SAFETY SEATS 55,000.00 N/A NIA', Request Period: 5100001000 Project: _ Selective Traffic Enforcement Project (STEP) Subgrantee Name: Fayetteville Police Department ..' .Telephone #: . (501) 587-3555 Mailing Address: P. O. Box 1988 Fayetteville Arkansas 72702 Fond . Fund Center Invoice/Reference Budget Categories Approved Budget Revised Previous Expenditures Expenditures This Period Total Expenditures Remaining Budget Budget - Overtime -Selective Enforcement (402) 15,000.00 - SNI P2203 - - 456709 Overtime - Selective Enforcement (410) . 10;000.00. 5100001000 SCP0000 IFD 456714 Child Safety Seats (State) 5,000.00 - - - Total 30,000.00 - - - - Must include all equipment acquisitions of low value (500 00 - 2,500.00) or capital (2,500.00 or greater) and submit subgrantee low value and capital equipment inventory form with invoice form. On behalf of the subgrantee listed above, 1 certify that the items for which payment is claimed were fumished under the authority of the law and in accordance with the terms of our grant with the Arkansas State Police, Highway Safety Program and that the charges are reasonable, proper, and no part of this claim has been paid. Amount of this Request a Signature of Subgrantee: Date:.' Title: Contact Person: Contact Phone: ARKANSAS STATE POLICE USE ONLY .., -. - lOUTLINE AGREEMENT 0: 460000545/ VENDOR 0: 100101505 AGENCY CODE: 0960 DOC#: PO #: GOODS REC.#: MATERIAL #: 10119381 AMOUNT:.. General Ledger Fond . Fund Center Invoice/Reference Cost Center to/WBS - 5100001000 SMP2003 IFJ 456708 F.0960.402 -040P-001 - 5100001000 SNI P2203 IFJ 456709 F.0960.410-04-001 5100001000 SCP0000 IFD 456714 N/A TOTAL REVIEWED & APPROVED TO PAY BY: DATE: Attach Completed Line Item Detail Sheet and Mai To: FAXED BILLS WILL NOT BE ACCEPTED Arkansas State Police Highway Safety Office #1 State Police Plaza Drive Little Rock, Arkansas 72209 Page 11 of 14 • • Arkansas State Police Highway Safety Office Line Item Details Selective Traffic Enforcement Program Fayetteville Police Department Selective Traffic Enforcement Project Overtime Enforcement - Seat Belt (402) Selective Enforcement - see attached summary sheet Subtotal Overtime Enforcement - DWI/DUI (410) Selective Enforcement - see attached summary sheet Subtotal Child Safety Seats (State) Item I Item 2 Item 3 Item 4 Subtotal FOR THE PERIOD: Attach to Page I Transfer Totals to Page 1 Page 12 of 14 TOTAL BILLED 0.00 • Arkansas State Police Highway Safety Office Subgrantee Local Match Reporting Form Selective Traffic Enforcement Program • SUBGRANT 11: J8-2005.08-10-05 AWARD PERIOD: 1I0nN4 to 9/30/05 1 (501) 587-3555 I SUBCRANT#: OP -2005-03-02-08 CFDATITLE: State & Community Highway Safety. Arkansas 72702 Fund AWARD AMOUNT:. 1515,000 ' .. CFDA# 20.600 ..' PIN (Tar ID #): • 71-6018462. ' - CFDA TITLE: 'Alcohol TraffkSafety and D not Driving Prevention intend a Grants 1FJ Total Expenditures AWARD AMOUNT: - 1810,000' CFDA# 20.601 Report Period: - 1FJ Project: - Selective Traffic Enforcement Project (STEP) Subgrantee Name: - Fayetteville Police Department Telephone #: (501) 587-3555 PO #: 4500281%3 Mailing Address: P. O. Box 1988 Fayetteville Arkansas 72702 Fund Food Center I ovoice/Reference Budget Categories Approved Budget Revised Previous Expenditures Expenditures This Period 1FJ Total Expenditures Remaining Budget Budget Personal Services (Salaries) 15,000.00 - 1FJ - - F.0960.410-04-001 Maintenance & Operation TOTAL - - - DATE: (Vehicle Expense) 5,000.00 Arkansas State Police Highway Safety Office #1 State Police Plaza Drive Little Rock, Arkansas 72209 Total 20,000.00 - - - - Amount of this Report S bjlgnature of Subgrantee: Title! Contact Person: rate: Contact Phone: ARKANSAS STATE POLICE USE ONLY - 'OUTLINE AGREEMENT #: 4600005451 I VENDOR#: 100101505 AGENCY CODE: 0960 DOC#: PO #: 4500281%3 GOODS REC.#: MATERIAL #: 10119381 AMOUNT General Ledger# Fund Food Center I ovoice/Reference - Cort Center 1O/WBS - 5100001000 SM P2003 1FJ 456708 F.0960.402 -04-0P-001 - 5100001000 SM P1203 1FJ 456709 F.0960.410-04-001 TOTAL REVIEWED BY: DATE: Arkansas State Police Highway Safety Office #1 State Police Plaza Drive Little Rock, Arkansas 72209 Page 13 of 14 • • 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 Transportation Equity Act for the 21st Century and all administrative regulations governing this grant established by the U.S. Department of Transportation approved in accordance with 49 CFR Part 18 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 (Subgrant Agreement/Contract Terms and Attachment), 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 has appointed the following official representatives with legal authority to accept this subgrant agreement and to provide such additional information as may be required. A. SUBGRANT DIRECTOR 1. Signature: 2. Name: 3. Title: Chief of Police Frank Johnson 4. Date: N e B. AUTHORIZI 1. Signature: 2. Name: 3. Title: 4. Date: FFIC Mayor 4 Honorable Dan Cood 111 Approval to proceed, effective (date) 10-1-2004 to (date) 9-30-2005 with committed Federal funds of (amount) $25,000, and State funds of (amount) $5,000, 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 Page 14 of 14 Date ',City of Fayetteville, Arkansas Budget Adjustment Form • Budget Year 2004 Department: Police Division: Police Program: Patrol Date Requested 10/1/2004 Adjustment Number Project or Item Requested: Accept the 2004/05 Selected Traffic Enforcement Program grant in the amount of $30,000.00. $25,000.00 of these funds will support officer overtime to work either seatbelt enforcement or DWI/DUI enforcement. $5,000.00 will be used to purchase child safety seats to be distributed to the public at Child safety seat checkpoints. This grant covers overtime expense in 2004 and 2005 therefore the funds not used in 2004 need to be added to the 2005 Budget. Project or Item Deleted: None Justification of this Increase: Utilization of these funds help the Police Department better patrol areas known to be accident-prone or where complaints of speeding have been reported. This grant does not require any matching funds. It does require the Department provide information to the number of hours worked patrolling the city less the number of hours charged to the grant. Justification of this Decrease: Account Name Increase Expense (Decrease Revenue) Account Number Overtime - Uniformed 1010 2940 5104 00 Minor Equipment 1010 2940 5210 Account Name Federal Grant - Operational State Grant - Operational 00 Amount 25,000 5,000 Decrease Expense (Increase Revenue) Account Number Amount 1010 0001 1010 0001 4309 01 4302 01 25,000 5,000 Project Number Project Number Approval Signatures Requested ty �n0/ B fidget M ; er Date /o -/-4Y Date Deparnnen"lib.. tor Financ&1alServices II ireclor oe Mayor -.G BA STEP grant 2003 04.grr Date lo—S- dcf D JO Date Budget & Research Use Only Type: A B C C D ) E Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Date Date Date Initial Initial Initial Date Initial 10/1/2004 / 11:06 AM NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 163-04 w/grant & budget adjustment Document • 1 09/21/04 memo to mayor & City Council 2 draft resolution 3 draft resolution 4 draft resolution 5 letter from Arkansas State Police 6 grant application 7 Staff Review Form 8 memo to Frank Johnson 9 10 11 12 13 14 15 16 17 18 19 20 FAYETTEVIllE THE CRY OF FAYETTEVILLE, ARKANSAS 2's . 0/i fl /6 3 ?.o0'l -?a& § i c » 6pare DEPARTMENTAL CORRESPONDENCE TO: Mayor Dan Coody and Members of the City Council FROM: Frank Johnson, Chief of Police DATE: October 1, 2004 SUBJECT: Accept Selective Traffic Enforcement Project (STEP) Grant Recommendation: Council accepts the 2004/05 STEP grant and approves a budget adjustment recognizing the revenue. Background: The Police Department has received STEP grants since 1990. These grants are used to cover officer overtime while working either seat belt enforcement or DWI/DUI enforcement. The officers must be designated to one of these tasks and cannot answer normal calls for service. This grant also includes $5,000.00 for the purchase of child safety seats. Discussion: The funds provided by this grant specifically support the Departments efforts in reducing traffic accidents. Officers can be assigned to a specific accident-prone area and enforce traffic laws which in turn reduce accidents. The matching requirements will be provided by using the cost of car seats (state funds); the expense of monthly administration; vehicle expense which includes motorpool, shop overhead, replacement and gasoline with the balance being met by assigning on -duty officers to the STEP project when available. The match is not expected to require additional funds. Budget Impact: Accepting this grant will increase overtime for the Patrol Program by $25,000.00 and Minor Equipment by $5,000.00. • • RESOLUTION NO. /63 -oma/ �/++ Q.y Gaco rce c nen-k'\- A RESOLUTION ACCEPTING THE 2004-2005 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT IN THE AMOUNT OF $30,000.00 FOR THE PURPOSE OF PAYING OVERTIME TO OFFICERS ENGAGED IN THE ENFORCEMENT OF DWI/DUI AND SEATBELT LAWS AND TO PURCHASE CHILD SAFETY SEATS FOR DISTRIBUTION TO THE PUBLIC; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE. 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 accepts the 2004-2005 Selective Traffic Enforcement Program (STEP) Grant in the amount of $30,000.00 for the purpose of paying overtime to officers engaged in the enforcement of DWI/ DUI and seatbelt laws and to purchas' 40d safety seats for distribution to the public. Section 2. That the City Council of the Cit,,y�d" tfeilk le, Arkansas hereby approves a Budget Adjustment recognizing the gaant revenue. 1 PASSED and APPROVED this 19th day df October 2004. 1 A I BEST: By: s S:ON RIA SMITH, City Clerk DAN COODY, Mayor • • k.y RESOLUTION NO. Selecvt•lc -1-Nx-ce1C & ome nen+ A RESOLUTION ACCEPTING THE 2004-2005 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT IN THE AMOUNT OF $30,000.00 FOR THE PURPOSE OF PAYING OVERTIME TO OFFICERS ENGAGED IN THE ENFORCEMENT OF DWI/DUI AND SEATBELT LAWS AND TO PURCHASE CHILD SAFETY SEATS FOR DISTRIBUTION TO THE PUBLIC; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE. 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 accepts the 2004-2005 Selective Traffic Enforcement Program (STEP) Grant in the amount of $30,000.00 for the purpose of paying overtime to offices engaged in the enforcement of DWI/DUI and seatbelt laws and to purchase child safety seats for distribution to the public. Section 2. That the City Council of the Cit ,p�ta'FayetferiffleAkansas hereby approves a Budget Adjustment recognizing thgr9 nt revenue. PASSED and APPROVED this 19th day of October 2004. A'PPRO y jjI SONDWA SMITH, City Clerk DAN COODY, Mayor RESOLUTION NO. A RESOLUTION ACCEPTING THE 2004-2005 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT IN THE AMOUNT OF $30,000.00 FOR THE PURPOSE OF PAYING OVERTIME TO OFFICERS ENGAGED IN DWI/DUI AND SEATBELT ENFORCEMENT AND TO PURCHASE CHILD SAFETY SEATS FOR DISTRIBUTION TO THE PUBLIC; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE. 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 accepts the 2004-2005 Selective Traffic Enforcement Program (STEP) Grant in the amount of $30,000.00 for the purpose of paying overtime to officers engaged in DWI/DUI and seatbelt enforcement and to purchase child safety seats for distribution to the public. Section 2. That the City Council of the City of Fayettewil'r A'v1Lnsas hereby approves a Budget Adjustment recognizing the.gra' trr≥ve4ue. PASSED and APPROVED this 19th day of O, tober 2004_ • A\ PROVED:: , Mayor 0 In • State of Arkansas S ARKANSAS STATE POLICE I State Police Plaza Drive • Little Rock, Arkansas 72209-4822 . www.asp.state.ar.us Mike Huckabee Steve Dozier Governor "SERVING WITH PRIDE AND DISTINCTION SINCE 1935" Director September 9, 2004 ARKANSAS STATE POLICE Captain Greg Tabor COMMISSION Project Coordinator Fayetteville Police Department Jefry Davis P.O. Box 1988 Chairttun Link Rota: Fayetteville, AR 72702 Steve G. Smith Re: J8-2005-08-10-05 vice-Chairnun OP -2005-03-02-08 tittle Rxk Selective Traffic Enforcement Project (STEP) Roger. \leek, Jr. S<cmt Dear Captain Tabor: F -w Smith The above referenced FY 2005 Subgrant Agreement is enclosed for your review Daniel •'Woody" Futrell and signature. The Subgrant Agreement/Contract Terms and Common Rule for Nashtr& this program are made a part of this agreement and should be kept in your agency's file with your copy of the signed agreement. The agreement may not Warren Dupwe include all items presented in your proposal. Only those activities included in the jonubao agreement are eligible for reimbursement. Charisse Childers 9tjthtii/r Please return the signed agreement (keep the enclosed Subgrant Agreement/Contracts Terms and Common Rule) to our office no later than Dr. Lewis Shepherd September 20, 2004. We will send you a copy of the fully executed agreement. Ar a&4/ra We look forward to working with your agency during the upcoming year. Sincerely, Bridget t� Coordinator of Arkansas' Highway Safety Program Enclosure c: Agreement/Contract File BSW:af 0 State of Arkansas ARKANSAS STATE POLICE I State Police Plaza Drive • Little Rock, Arkansas 72209 - www.asp.state.ar.us Mike Huekabee Steve Dozier Governor Director HIGHWAY SAFETY SUBGRANT AGREEMENT ALCOHOL/OTHER DRUG COUNTERMEASURES PROGRAM OCCUPANT PROTECTION PROGRAM Fayetteville Police Department P.O. Box 1988 Fayetteville, Arkansas 72702 Telephone: (479) 587-3555 Fax: (479) 587-3522 TYPE OF APPLICATION Initial: _ Revision: Continuation: X INITIAL PROJECT STARTING DATE October 1, 1998 AMOUNT COST CATEGORY FEDERAL STATE LOCAL GOVERNMENTAL UNIT City of Fayetteville P.O. Box 1988 Fayetteville, AR 72702 PROJECT NO. J8-2005-08-10-05 PROJECT NO. OP -2005-03-02-08 TAX ID# 71-6018462 PROJECT TITLE Selective Traffic Enforcement Project OPERATIONAL AREA OF PROJECT City of Fayetteville PROJECT PERIOD FUNDING PERIOD Personal Services $25,000 $15,000 From: 10-1-2004 From: 10-1-2004 Equipment To: 9-30-2005 To: 9-30-2005 Maintenance & 5,000 FUNDING Operation SOURCE AMOUNT Other Direct Costs $5,000 Federal $25,000 Indirect Costs State 5,000 Administrative Costs Local 20,000 Total $25.000 $5.000 S20.000 Total 50.000 Page 1 of 14 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT INDEX Item 1. Title Page ---------------------------------------------------- 1 2. Index Page ---------------------------------------------------- 2 3. Scope of Work-------------------------------------------------- 3 4. Audit and Certification Requirements ----------------------------------4-6 5. Work Statement ------------------------------------------------7-10 6. SubgranteeInvoiceForms------------------------------------------ 11-13 7. Signature Sheet------------------------------------------------- 14 AGREEMENT PREPARED BY: TITLE: ADDRESS: PHONE: FAX: Chip Payne Program Manager Arkansas State Police Highway Safety Office #1 State Police Plaza Dr. Little Rock, AR 72209 (501) 618-8137 (501) 618-8124 Page 2 of 14 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT AUDIT REQUIREMENTS The recipient will arrange for an organization -wide financial and compliance audit, as required by OMB Circular A-133, within the prescribed audit reporting cycle. The audit report must separately identify highway safety funds from other Federal funds. Two (2) copies of the report will be furnished to the Arkansas State Police 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 A-133 is available on request. The recipient has been made aware of audit requirements. CERTIFICATION REGARDING FEDERAL LOBBYING: The recipient certifies, to the best of his or her knowledge and belief, that: (1) 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. (2) 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. (3) 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. 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. Page 4 of 14 0 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT RESTRICTION ON STATE LOBBYING: 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. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: In accordance with the provisions of 49 CFR Part 29, the State agrees that it shall not knowingly enter into any agreement under its Highway Safety Plan with a person or entity that is barred, suspended, declared ineligible, or voluntarily excluded from participation in the Section 402 program, unless otherwise authorized by NHTSA. The State further agrees that it will include the following clause and accompanying instruction, without modification, in all lower tier covered transactions, as provided by 49 CFR Part 29, and in all solicitations for lower tier covered transactions. Instructions for Lower Tier Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. 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 and/or debarment. 3. 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. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. Page 5 of 14 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT 5. 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. 6. The prospective lower tier participant further agrees by submitting this proposal that is it will include the clause titled "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. (See below) 7. 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 may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 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 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 and/or debarment. Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions: 1. 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 participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal. Page 6 of 14 U ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT A. The recipient, Fayetteville Police Department, in exchange for consideration offered by the Arkansas State Police (ASP), and in the interest of improving traffic safety, hereby agrees to pursue the achievement of the following objectives: Appoint a Project Coordinator to be a liaison between the recipient and the Highway Safety Office (HSO) 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 contract change orders when applicable. Compensation for the Project Coordinator will be from local funds. 2. Ensure that the Project Coordinator, or designee, has successfully completed the Arkansas Highway Safety Office Project Management Course. This course will provide information and updates on State, Federal and Highway Safety Office policies and procedures. Travel, meals and lodging will be reimbursed for eligible participant. Participants will be notified of the specific dates and location of this course. 3. Implement a seat belt policy if one does not exist. If not previously submitted, provide a copy of the policy to the HSO no later than sixty days after the start of this project. 4. Conduct selective enforcement of the State's driving while intoxicated (DWI)/driving under the influence (DUI), seat belt, speed limit, child passenger protection 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. DWI/DUI enforcement will start no earlier than 9:00 p.m. on Wednesdays, Thursdays, Fridays and Saturdays and end no later than 3:00 a.m. the following morning on Thursdays, Fridays, Saturdays and Sundays. Enforcement may also be conducted on State and/or National holidays. The DWI/DUI enforcement hours may be revised if the recipient cannot achieve and/or maintain the project performance standard. Seat belt enforcement (enforcement during daylight hours) will emphasize enforcement of seat belt, child restraint and speed limit laws. Officers working on the project are expected to enforce all the laws cited in this agreement during both DWI/DUI and seat belt enforcement. 6. Performance standards are as follows: During Seat Belt Enforcement Average three vehicle stops per hour of enforcement During DWI/DUI Enforcement Average one DWJ/DUI arrest per eight hours of enforcement Persons arrested for violation of Arkansas Code Annotated 5-65-103 and 5-56-205 shall be determined to be DWI arrests. Youthful offenders arrested for violation of Arkansas Code Annotated 5-65-303 shall be determined to be DUI arrests. Page 7 of 14 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT 7. Participate in two seat belt and one DWI/DUI national enforcement mobilizations 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 seat belt mobilizations for evaluation purposes. Seat belt mobilizations will be conducted in November around the Thanksgiving holiday period and in May surrounding Buckle Up America Week and Memorial Day. The DWI/DUI mobilization will be conducted in August/September surrounding the Labor Day holiday period. Manage project activity to ensure that sufficient funds are available to participate in mobilizations. Submit a mobilization report within 15 days after a mobilization period in accordance with format provided by the HSO. 8. Conduct other PI&E activities to support the objectives of this project. These activities may include, but are not limited to, conducting news conferences, issuing press releases, having members of the media ride with officers during selective enforcement patrol, conducting child safety seat clinics, making presentations to schools and/or civic groups and distributing educational materials. At the beginning of the project period a press release must be issued and/or a press conference must be conducted to notify the community of the project activities. 9. The only costs eligible for reimbursement are selective enforcement (which includes officer pay and applicable benefits) and child safety seats. 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 or working at child safety seat clinics will not be used when calculating enforcement performance. 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. Reimbursement is limited to one officer per patrol vehicle. 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. 10. Purchase and loan child safety seats in accordance with HSO policy. Seats must be purchased no later than March 29, 2005. All purchases must be approved in advance by the ASP HSO. Page 8 of 14 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT 11. Ensure that all officers working on this project have 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. 12. Ensure that all officers working on this project are familiar with Act 561 of 2001 (the ".08 BAC law"). Effective August 13, 2001, the per se level for intoxication changed from .10 BAC to .08 BAC. Ensure that all officers working on this project are familiar with Act 470 of 2001 (the amended "Child Passenger Protection Act"). Effective August 13, 2001, all 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 Act is a primary offense, meaning that a vehicle may be stopped if there is probable cause to believe that the law is being violated. 13. Submit monthly reimbursement requests, local match reporting form and activity reports, including PI&E activities, along with a cover letter(s) by the 20'h of the subsequent month in accordance with formats provided by the HSO. An Annual Project Activity Report will be submitted in accordance with the format provided by the HSO. Include with the annual report a tabulation of local funds contributed (50% required) to this project. This report and the final reimbursement request are due within 20 days following the end of the project period. Final reimbursement will not be made until a satisfactory annual report submitted. 14. Create a project file for maintaining the agreement and financial documents. The file will contain a copy of this agreement, agreement terms, related ASP policies and procedures, policies or procedures of the recipient related to this project's activities, copies of monthly activity reports and reimbursement requests, correspondence relating to the agreement, a copy of daily time sheets which reflect regular and selective enforcement hours worked and documentation of any public information activities. 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 all time sheets for all selective enforcement officers paid through this agreement must be kept in this file. All time sheets must have officer's and supervisor's signatures with attached supporting documents. Page 9 of 14 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT B. The Arkansas State Police (ASP) hereby agrees to perform the following activities: 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 10 of 14 Arkansas State Police Highway Safety Office Subgrantee Invoice Form Selective Traffic Enforcement Program SUBGR414T,#: J8-2005-0&IO-05 AWARD PERWD: 10')701 to 9/30705' - SUBGRAhT #: OP -2005-03-0208 CFDA TIT1:Et%St'ate & Communfa }tfhwaySafe ' •" AWARD�AMOUNT.: t $13jodo'o0 GFDA#* 20.600 'i' - ' EIN (TasID #) ' 71-6018462 * ' CFDA- E. A126ho1 Tri...... i Sifct sand Drunk Diiwln` Rievendda`lncihdre`Grants - `'. _., . .v .._.. AWARD AMOUNT: 7F.....;Z0601r .—`510000.00--..-CFDA ,. .. .. < SAPETY!SEAT&:: t 55,000.00 .. .. NIA .. ,/A? Request!rertod: Project:, Selective Traffic Enforcement Project (STEP) Sub rantce Name: " Fayetteville Police Department Telehone #: (501) 587-3555 Matting Address:_ P.O. Box 1988 Fayetteville Arkansas 72702 ' Y Budget Approved Revised Previous Expenditures Total Remaining Categories Budget - `-Bud et ." Expenditures This Period Expenditures Budget Overtime -Selective Enforcement (402) 15,000.00 - _ - Overtime - Selective Enforcement 410 10,000.00 Child Safety Seats State 5,00000 _ _ - Total .r... 30,000.00' - _ _ _ must mcluae an equipment acquisitions of low value (500.00-2,500.00) or capital (2,500.00 or greater) and submit subgrantee low value and capital equipment inventory form with invoice form. On behalf of the subgrantee listed above, I certify that the items for which payment is claimed were furnished under the authority of the law and in accordance with the terms of our grant with the Arkansas State Police, Highway Safety Program and that the charges are reasonable, proper, and no part of this claim has been paid. ar oatare or nun raa[ee: .. . ._, Datein: r. + u :::1' Title: ii " . .. . Amount of this Request ARKANSAS STATE POLICE USE ONLY „ - _ �- ' i, c' • ' -r '-' is-• "- ;. OUTLINE AGREEMENT #: 46110005151 VENDOR#: 100101505 ACENCYCODE: 0960 DOG#: POD: GOODS REC.#: MATERIAL #: 101193#1 'Central ar ... t AMOUNT .:, -. -, Ledger# ;. ',`Fund •-' `': Fund Center ". `inrolee7Rerereote : . Cot.Center'> 1O/WBS 5100001000 SMP2003 IFS 45670# F.0960.402#OP-001 5100001000 SMP2203 IFJ 456709 P.0960AIOLIA01 5100001000 SCP0000 IFD 456714 N/A TOTAL (Attach Completed Line Item Detail Sheet and Mail To: Arkansas State Police Highway Safety Office #1 State Police Plaza Drive FAXED BILLS WILL NOT BE ACCEPTED Little Rock. Arkansas 72209 Page 1 I of 14 • Arkansas State Police `- Highway Safety Office Line Item Details Selective Traffic Enforcement Program Attach to Page 1 Fayetteville Police Department Selective Traffic Enforcement Project FOR THE PERIOD: Transfer Totals to Page 1 Overtime Enforcement - Seat Belt (402) Selective Enforcement - see attached summary sheet Subtotal Overtime Enforcement - DWI/DUI (410) Selective Enforcement - see attached summary sheet Subtotal Child Safety Seats (State) Item I Item 2 Item 3 Item 4 Subtotal TOTAL BILLED 0.00 Page 12 of 14 Arkansas State Police • Highway Safety Office +° Subgrantee Local Match Reporting Form Selective Traffic Enforcement Program Amount of this Report • S. IF' Y: .�:.r♦. P -P-'. S1�'�"`atirrca iSu"r5otce,. 9, i'�',: asf fe: , Title •" 4 ��Ln 'BFIio'43a3'ti�"Rl9 i... t 'Llt� •^ S.. •,i Y4y..- CoufAM Phone' ARWSASSTATEtPOLICE USE:ONLY�e `,. :C ,,.F,'y;e v,a ;�Ss OUTLINE AGREEMENT#: 4600005451 VENDOR#: 100101505 AGENCY CODE: 0960 DOC#' !EV1EWEDBY: •." :..' . _ DATE:' Arkansas State Police Highway Safety Office #1 State Police Plaza Drive Little Rock, Arkansas 72209 11 . 1 ,.. \yn InIp, 1 r 1 - 1. I i lV t�U • ` ..:.♦e 'h 1 ♦.4+ "� t\n al ;� • n DIY i� ). . I t l u n nl' I'! 4. • ': e� i - -; A yViAiei. #..lfi.t^. • k 1 1 � 1 1 1 ' 1 1 III .-1. :. c 1 1, 'w'L:ll,� F. _ 1 - - • I„n 'r R.a l '. Y heal �' 11.•\-. YIM1+\ is S.... Sub antee Namesl''u ,. �:' Fayetteville Police Department Teie do efif tK>xi' .J1 . ; (501) 587-3555 P.O. Box 1988 Fayetteville Arkansas 72702 Budget 4�Appi'ove'di Revised Previous Expenditures Total Remaining Cat oriel,'-1Bad et3,,.,v?hd B eta:'; Expenditures This Period Expenditures Budget Personal Services (Salaries) �','� a'5;000`.0oo - - Malntenance & O ratlon ` £ _ _ (Vehicle Expense) •.„5,000:00.. Total ,. 2-,000'00. - - - - POW: 4500281963 GOODS REC.#: MATERIAL #: 10119381 ati ;`.L xs IAMOUNTY `, a:.rii • ,( •.. aCentra�Lexr #•;1�;' .p _ \ .. ..J . Fund �, � Malt ( ,,Fu0dG0ter..;; EVY 84i/1lTyp\Y4Y ?Ilnr0iee/Rfercnce�l per- w'P. i 4'�CostCter 5100001000 SMP2o03 IFJ 456708 F.0960.401-04-OP-0UI 5/00001000 SMP2203 IFS 456709 F.0960.410-04-001 TOTAL Page 13 of 14 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 Transportation Equity Act for the 21st Century and all administrative regulations governing this grant established by the U.S. Department of Transportation approved in accordance with 49 CFR Part 18 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 (Subgrant Agreement/Contract Terms and Attachment), 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 has appointed the following official representatives with legal authority to accept this subgrant agreement and to provide such additional information as may be required. A. SUBGRANT DIRECTOR B. AUTHORIZING OFFICIAL 1. Signature: 1. Signature: 2. Name: Frank Johnson 2. Name: Honorable Dan Coody 3. Title: Chief of Police 3. Title: Mayor 4. Date: 4. Date: Approval to proceed, effective (date) 10-1-2004 to (date) 9-30-2005 with committed Federal funds of (amount) $25,000, and State funds of (amount) $5,000, 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 14 of 14 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT SCOPE OF WORK PROJECT GOAL: To reduce traffic -related fatalities and injuries by conducting a selective traffic enforcement project in Fayetteville. The goal for each component of this dual funded project is as follows: Alcohol Component (Section 410) - Maintain alcohol -related crashes below six percent of all traffic crashes. Seat Belt Component (Section 402) - Increase seat belt usage by three percentage points from 70% to 73%. SUMMARY OF PROJECT OBJECTIVES: The project's primary objectives are to achieve an average of one DWUDUI arrest per eight hours of alcohol enforcement and three vehicle stops per hour during traffic enforcement (with an emphasis on enforcement of speed and occupant restraint laws). A public information and education program will support these objectives. METHOD OF EVALUATION BY ASP ADMINISTRATIVE: X IMPACT EVALUATION: X By achievement of performance standards. REIMBURSEMENT - ACTUAL COST ONLY ASP will reimburse the recipient an amount equal to % of all eligible cost. X ASP will reimburse the recipient an amount equal to all eligible costs as identified in work statement. REIMBURSEMENT LIMITS 1. Maximum amount eligible for reim- bursement: Federal Funds: $25,000 State Funds: S 5,000 2. Only those orders placed and costs incurred during the following time period shall be eligible for reimburse- ment: (Date) 10-1-2004 to (Date) 9-30-2005 3. The recipient must bear all costs not eligible for Federal reimbursement. 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 policy. (See Subgrant Agreement/Contract Term II.) Page 3 of 14 l ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE GENERAL PROVISIONS AND SUBGRANT AGREEMENT/CONTRACT TERMS CHECKLIST The terms checked below are hereby included as part of this subgrant agreement/contract. I. Glossary of Definitions II. Changes m. Disputes IV. Conditions for Termination Prior to Completion V. Excusable Delays VI. Non -Collusion VII. Cost Provisions OMB A-21 or _ OMB A-87) (_ 48 CFR Part31 or _ OMB A-122) VIII. Uniform Administration 49 CFR Part 18) Requirements IX. Method of Payment (_ Actual Cost Lump Sum _ Cost Per Unit Specific Rate) X. Terms and Conditions of Payment XI. Inspection/Monitoring XII. Property Management XIII. Record Retention XIV. Ownership of Data and Creative Material XV. Reports XVI. Equal Opportunity XVII. Subcontractual XVIII. Utilization of Small Business Concerns XD{. Order of Precedence XX. Subgrant's/Contractor's Liability XXI. Save Harmless XXII. Tax and Compensation Liability XXIII. Reimbursement of Eligible Expenditures XXIV. Application of Hatch Act XXV. Standards for Contractor Financial Management System XXVI. Procurement Procedures XXVII. Procurement Procedures - Breath Testing Equipment XXVIII. Minority Business Enterprise XXIX. Payroll Procedures XXX. Travel Procedures XXXI. Uniform Administrative Requirements for Grants -in -Aid to State and Local Government XXXII. Confidentiality Requirements XXXIII. Professional Services Contract CKLST.Doc Rev. 5/1/2000 Page G 1 of 18 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE GENERAL PROVISIONS AND SUBGRANT AGREEMENT/CONTRACT TERMS GLOSSARY OF DEFINITIONS This glossary defines those terms whose meanings may be unclear in the subgrantee/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. Stat. Ann. - Arkansas Statutes Annotated. ASP - Arkansas State Police. Authorizing Official - The Contractor's legally appointed person authorized to commit the organization to contract. 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 - 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. Page G2 of 18 0 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE GENERAL PROVISIONS AND SUBGRANT AGREEMENT/CONTRACT TERMS FHWA - Federal Highway Administration, U.S. Department of Transportation. 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 Governor's Representative for Highway Safety to oversee the day to day activities of the Highway Safety Program. HSO — Highway Safety Office. SPSP - 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 Coordinator to act as the liaison between the HSO and the Subgrantee/Contractor in all matters pertaining to a subgrant agreement/contract. OTD - Quarter to date. 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. Page G3 of 18 9 0 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS II. CHANGES A. Any change to this subgrant agreement/contract document must be requested by written notice 30 days prior to the anticipated effective date of the proposed change. Upon request, a Subgrant Agreement/Contract Change Order form will be furnished to the Subgrantee/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 within 10 working days. B. 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. The Subgrantee/Contractor will be given 10 working days to review and either concur or contend to the proposed change. C. Any disputes or disagreements arising from A or B above will be arbitrated as set forth in Contract Subgrant Agreement/Term III. III. DISPUTES A. 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, 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 shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Subgrantee/Contractor mails or otherwise furnishes to the Coordinator 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. B. 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. Page G4 of 18 ED • ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS IV. CONDITIONS FOR TERMINATION PRIOR TO COMPLETION 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. V. EXCUSABLE DELAYS 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. PageG5 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS VI. NON -COLLUSION 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. VII. COST PROVISIONS OMB Circulars OMB A-87, "Cost Principles Applicable to Grants and Contracts with State and Local Governments", OMB A-21, "Cost Principles for Educational Institutions", OMB A-122, "Cost Principles for Private nonprofit organizations other than an (1) institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-122 as not subject to that circular", and 48 CFR Part 31, "Cost Principles for For-profit Organizations other than a hospital and an organization named in OMB Circular A-122 as not subject to that circular", are hereby incorporated as part of this agreement and shall govern allowability of costs where appropriate. Appropriate copy is available upon request. VIII. UNIFORM ADMINISTRATION REQUIREMENTS The 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" shall govern administrative requirements where appropriate. Copy attached. IX. METHOD OF PAYMENT 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 agreements/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 06 of 18 U ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS Each of the acceptable Consultant methods of payment is discussed below: A. 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. B. 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. C. 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. Page G7 of 18 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS D. 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. X. TERMS AND CONDITIONS OF PAYMENT A. 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. B. The Subgrantee/Contractor agrees to submit the final bill no later than 30 days after the termination of the funding period. C. 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. Page G8 of 18 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS Xl. INSPECTION/MONITORING The ASP, (including, as a 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. XIl. PROPERTY MANAGEMENT See 49 CFR Part 18, Subpart C, attached. XIII. RECORD RETENTION See 49 CFR Part 18, Subpart C, attached. 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 49 CFR Part 18, Subpart C, attached. XV. REPORTS A. 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. B. Each report covered by Paragraph A must include the following statements on the cover page: 1. This report was prepared for the HSO, in cooperation with DOT's NHTSA or DOT's FHWA. 2. 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. Page G9 of 18 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS XVI. EQUAL OPPORTUNITY The Subgrantee/Contractor assures and certifies: A. 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. B. The Subgrantee/Contractor will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d):•prohibiting employment discrimination where (1) the primarypurpose 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. XVII. SUBCONTRACTUAL A. 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 Coordinator, enter into such subcontract. (See Paragraph B. below.) B. 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: 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 18 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS XVIII. UTILIZATION OF SMALL BUSINESS CONCERNS A. 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. B. 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. XIX. ORDER OF PRECEDENCE In the event of an inconsistency between provisions of this agreement/contract, the inconsistency shall be resolved by giving precedence in the following order: A. Subgrant Agreement/Contract Document B. Work Statement C. Subgrant Agreement/Contract Terms XX. SUBGRANTEE/CONTRACTOR'S LIABILITY A. 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. B. 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. 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. 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 G1I of 18 C ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS 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. XXIII. REIMBURSEMENT OF ELIGIBLE EXPENDITURES A. 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. B. 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. C. 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. 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: A. Accurate, current, and complete disclosure of the financial results of each subgrant agreement/contract activity in accordance with the HSO reporting requirements; B. 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; C. 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; Page G12 of 18 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS D. 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; E. 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; F. Procedures for determining the allowability and allocability of costs in accordance with the provisions of 49 CFR Part 18; G. Accounting records which are supported by source documentation; H. 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, I. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. XXVI. PROCUREMENT PROCEDURES A. Arkansas State Purchasing Law and Regulations, as revised March 1996, will govern purchasing. Page G13 of 18 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS B. A summary of the various requirements is as follows: PURCHASES (a) Formal Bid All purchases where cost is $104000.00 or more when grouped into biddable classes. (b) Quotation Bid All purchases where cost is $1,000.00 but less than $10.000.00 When grouped into biddable classes (c ) Open Market All purchases where cost is less than $l.000.00. 1. Develop Specifications for each item bid. 2. Invitation to bid mailed to all eligible prospective bidders. 3. Insertion in newspaper with general circulation not less than five (5) days nor more than thirty (30) days prior to opening date. 4. Open and tabulate bids at time and date indicated. 1. Obtain at least three (3) bids. 2. Bids must be received at least one (1) day prior to date of purchase. 3. Bids must be recorded and signed by person receiving same. None - Agency Purchasing Official's best judgment. PRE -PURCHASE DOCUMENTS REOUIRED 1. Copy of Invitation to Bid. 2. Copy of Bidders List. 3. Certified copy of proof of publication. 4. Copy of Tabulation of Bids. 5. Copy of Purchase Order or Contract Resulting from bid. 6. Letter of Justification when other than low bid is to be purchased. 1. Copy of Tabulation of Bids. 2. Copy of Purchase Order. 3. Letter of Justification when other than low bid is to be purchased. 1. Copy of Purchase Order. C. Splitting of item or items with the intent to use a less restrictive requirement is not permitted. D. 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. Page G14 of 18 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS E. Arkansas preference does not apply. XXVII. PROCUREMENT PROCEDURES - BREATH TESTING EQUIPMENT A. These items are usually exempt from bidding requirements because of one or several of the following: 1. Single source of supply items; 2. Scientific and technical equipment and parts thereof required by an employee by reason of his profession or training; and 3. Items requiring standardization and interchangeability of parts with existing equipment. B. The records required for reimbursement are as follows: 1. Copy of Purchase Order giving description of item purchased: 2. Statement, approved by the Project Director, explaining reason for purchasing on an exempt basis without any bids; 3. Standard payment documentation, as follows: a. Copy of vendor's invoice showing receiving approval by project personnel, b. Copy of document showing payment for goods, and, c. Paid receipt or endorsement on payment document; and, 4. Statement for each item purchased showing the following: a. Serial number, b. Model number, and, c. Property control number (if any). Page G15 of 18 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS XXVIII. MINORITY BUSINESS ENTERPRISE 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: A. Required MBE Contract Clauses 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. 2. 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. XXIX. PAYROLL PROCEDURES A. Personal Services compensation is allowable if: I. For services rendered during the contract period, 2. Reasonable for services rendered, 3. Personnel appointed in accordance with state or local government rules, 4. Based on payrolls documented and approved in accordance with generally accepted business practices, and 5. Supported by time and attendance records signed by both employee and supervisor. Page G16 of 18 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS B. Employee Benefits are allowable if: I. Provided pursuant to a leave system, 2. Employer contribution or expense for: a. Social Security b. Employee Health Insurance c. Unemployment Insurance d. Worker's Compensation Insurance e. Pension Plans 3. The cost is equitably allocated to all activities. C. The records required are as follows: Time sheets showing employee names, daily hours, activities, and signatures of employee and supervisor; 2. Payroll record showing rate of pay, gross wages, itemized deductions, net pay, and signature of proper official; and, Benefit Plan(s) records showing rates and amount paid by the employer. XXX. TRAVEL PROCEDURES 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 except food, 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 the State Policy and Procedures Manual. Regards State of Arkansas Employees: Travel costs are limited to the State of Arkansas Travel maximums according to current Travel Regulations. (Airfare is always limited to less -than -first-class airfare when less - than -first-class air accommodations are available). Current State maximums for daily meals and lodging, and for the personal auto mileage rate are set out in the Work Statement and Budget Detail sheets. Page G17 of 18 I I ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS Regards Other Travelers: 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 rate) or when the hotel rate where the conference or meeting is held exceeds the maximum allowable lodging rate for that area. See Work Statement and Budget Detail sheets for further information. XXXI. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS The 49 CFR Part 18 is hereby incorporated into and made a part of this contract. See attached. XXXII. CONFIDENTIALITY REQUIREMENTS We have researched the question on confidentiality and have identified the following salient items which are relevant to our agreements/contracts: A. 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. B. 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). C. 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). A copy of the confidentiality requirements is available upon request. XXXIII. PROFESSIONAL SERVICES CONTRACT See 49 CFR Part 18, Subpart C, attached. Page G18 of 18 STAFF �IEW FORM - FINANCIAL OBLIGATIOr X AGENDA REQUEST CONTRACT REVIEW X GRANT REVIEW For the Fayetteville City Council Meeting of: October 19, 2004 FROM: Frank Johnson Police Police Name Division Department ACTION REQUIRED: Council accept 2004 2005 Selective Traffic Enforcement Grant in the amount of $30,000.00 and approve the budget adjustment recognizing the revenue COST TO CITY: $30,000.00 Cost of this request See attached BA Account Number Project Number $ 5,272,269.00 Patrol salaries and supplies Category/Project Budget $ 1,039,888.00 Funds Used to Date Program Category / Project Name Police Patrol and Warrant Program / Project Category Name $ 4,232,381.00 General Remaining Balance Fund Name BUDGET EVIEW: Budgeted Item X Budget Adjustment Attached 7 /0; �Y udget Ma ager Date CONTRACT/GRANT/ ASE REVIEW: Ac ounting Manager ` Dat City ) A torney Date 2 LO DC In rnal Auditor Date v ''� Purchasing Manager Date S NDATION: Accept the 2004/05 STEP Grant in the amount of $30,000.00 Received in Mayor's Office Division Date Department irector Date SInalSeesDir. Date Officer Date, Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: Date Yes No r. Mayor / \ -Date / U FAYETTE\ILLE � THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_clerIc@ci.1ayetteviHe.ar.us DEPARTMENTAL CORRESPONDENCE To: Frank Johnson Police Chief From: Clarice Buffalohead-Pearman City Clerk Division Date: October 25, 2004 Re: Resolution No. 163-04 The City Council passed the above resolution October 19, 2004, accepting the 2004-05 STEP Grant. I have attached a copy of that resolution and budget adjustment. This resolution will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Attachment(s) cc: Nancy Smith, Internal Auditor Barbara Fell, Budget & Research