Loading...
HomeMy WebLinkAbout56-04 RESOLUTIONRESOLUTION NO. 56-04 A RESOLUTION TO ACCEPT THE 2004/2005 DRUG ENFORCEMENT GRANT IN THE AMOUNT OF $305,095 00 WITH A COMMITMENT TO MATCH IT WITH $75,929.00 IN CITY FUNDS 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 Drug Enforcement Grant in the amount of $305,095.00 and commits to the city's matching share of $75,929.00. • PASSED and APPROVED this the 20th day of April, 2004. ATTEST: By: SF:)DRA SMITH, City Clerk 47ta • By: APPROVED: DA COODY, Mayor • • OMEI Approvat NO. 034 a -al • .a.neriO 'Any I lain FEDERAL ASSISTANCE 2. DATE SUBMITTED April 25, 2004 Applicant ldentif ier 1. TYPE OF SUBMISSION: Application 0 Construction Preapplicarion 0 Construcbon 3. DATE RECEIVED BY STATE Slate Appfication Identifier IX Non -Construction 0 Non -Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier s. APPUCANT iNFORIAATION Legal Name City of Fayetteville Arkansas Organizational Unit Address (give city county state, and zip code): 113 W. Mountain Street . Fayetteville, Washington, AR 72701 Name and telephone number of the person to be contacted on matters IrsioMng this application (ghee area code) e EMPLOYER DENT FICATION NUMBER CIN): 7. TYPE OF APpucANT: (enter appropriate letter n box) li 7 1 — 6 0 1 13 4 6 2 A. State 11. Independent School DiSt. B. County I. State Controlled Institullon of Higher Learning Ci. TYPE OF APPLICATION: 0 New 10 Conbnuation 0 Revision C. Municipal a Private UnNersity D. Township K. Indian Tribe E. Interstate L. Inditridual F. Intermunicipal M. Profit Organization II Revtskin, enter appropliate !dar(s) In box(es): MI G. Special District N. Other (Specify): A. Increase Award B. Decrease Award C. !meow Duration D. MOUS° Duration Other (speci(y): 9. NAME OF FEDERAL AGENCY: U. S. Department of Justice Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 1 6 a 5 7 9 11. DESCRIPTIVE TITLE OF APPUCANTS PROJECT: Edward Byrne State Tri -LE. Enforcement and Local Law Assistance Multijunsdictional la AREAS AFFECTED BY PROJECT (cities. Counties. stateS. OM): Washington and Madison Counties Drug Task Force 13. PROPOSED PROJECT: M. CONGRESSIONAL DISTRICTS OF: Start Dale 07/01/04 Erdng Date 06/30/05 ai AFIXICKKI Third Congressional District b. Project Third Congressional District 11 ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12972 PROCESS? a.. Federal 3 .00 305,095 a. YES. THIS PREAPPlJCATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: b. AppiCant $ .00 DATE 4/25/2004 c. State $ DO 0 NO. PROGRAM IS NOT COVERED BY E.O. 12372 d Local $ 108,936x° OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e. Other $ 00 L Program Inorme 5 00 17. MINE APPLICANT DELINCIUENT ON ANY FEDERAL DEBT, g. TOTAL $ Yes If -Yes; airach an explanation. Lvi NO . 414,031X° is. ID THE BEST OF MY KM:MIRY-4,F AND BEUEF, AU. DATA IN THIS APPLICATION/PREAPPLICATiON ARE TRUE AND CORRECT THE DOCUMENT HAS BEEN DULY AUTHORIZED BY TI -E GOVERNING BOO( OF THE APPUCANT AND THE APPLICANT WILL COMPLY WITH THE ATTAC/IED ASSURANCES W THE ASSIST/VICE IS AWARDED a. Typed Name 01 Authodzed RepresenbatIve Dad Coody b. Tine . Kayor C. Telephone number 479i -575-L8330 d. Signature at 'zed Rep tative / 9 , e. Date Signed S0110 /C) t/ Previous Editions Not USatde Form an IP FV et -RM 1 Prer,Cd* by OMB Circular A-102 • • ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION OFFICE OF INTERGOVERNMENTAL SERVICES GENERAL PROJECT INFORMATION (Form IGS 1) Applicant Agency: City of Fayetteville Address* 113W. Mountain, Fayetteville, AR 72701 Tracey Risley 2. Project Director:Tele # (479) 587-3510 Fax # (479) 587-3522 Address: P.O. Box 1988, Fayetteville, AR 72702 E -Mail Address: trisley@ci.fayetteville.arus 3. Fiscal Officer Judy Cohea Tele # (479) 587-3581 Fax # (479) 587-3522 Address- P.O. Box 1988, Fayetteville, AR 72702 E -Mail Address: jcohea©cilayetteville.ar.us 4. Project Period: From July 1 2004 To June 30, 2005 Federal Purpose Number. #2 Approved Program Abstract Title Multijunsdictional Task Force 6. Identify Counties and/or Cities in Which Program Will Operate* Washington and Madison 7. lf the Project is Multi County/City indicate the Contracting Applicant Agency City of Fayetteville Washington County Sheriff, Cities of Springdale, Prairie Grove, Other Involved Agencies Lincoln, Farmington, West Fork, Greenland, Elm Springs, Elkins Johnson, 4th Judicial Prosecutor and U of A Police Department 8. Population or Clients to be Served 171,958 9. This Program will be a New Activity, Enhancement of Existing Activities, or X Continuation of Project # 03-014 Ending Date .1une 30, 2004 10. Federal Funds Requested $ 305 095 00 State Match $ 0 00 Local Match $ 108,936 00 Total $ 11. Prior 12 -Month Budget for the Service or Activity 414.031 12. Source of Matching Funds Program Income, Washington County Prosecutor, Washington County Sheriff, and Cities of Fayetteville, Springdale, Lincoln, Prairie Grove, Farmington, West Fork, Greenland, Johnson Elm Springs and Elkins 13. Project Summary Continue the multi -jurisdictional task force with a four member Control Group representing all law enforcement agencies in Washington County. Target major narcotics rliatrihntnrc with an Pm ph a c ic on methamphetamine dealers and manufacturers Also continue to maintain a database of drug related information received from all law enforcment agencies in Washington and Madison Counties. The data base will help prevent law enforcement agencies from spending resources working the same cases. 9 • • PROGRAM JUSTIFICATION/EVALUATION FOURTH JUDICIAL DISTRICT DRUG TASK FORCE 1991 In February 19911 the Fourth Judicial District Drug Task Force (4th JDTF) was formed. The membership included the Washington County Sheriff/ Fourth Judicial Prosecutor, University of Arkansas Police, and the municipal police departments of Fayetteville, Springdale, Johnson, Farmington, Lincoln, Prairie Grove/ West Fork, and Greenland. The unit consisted of seven sworn officers, a secretary, and a fiscal officer. During 1991/ the combined unit of the Fourth JDTF opened 206 cases. These cases resulted in •the arrest of 130 individuals with 129 convictions and a combined total of 279 years of prison time. 1992 In February of 1992 the 4th JDTF continued operations but with a reduced investigative staff. The budget cuts for the grant period forced the reduction of one officer. The City of Johnson dropped out of the control group, which left it a ten -member organization. The 4th JDTF opened 177 cases and made 155 arrests. These cases resulted in 66 convictions with a combined total of 103.5 years of prison time, 121.5 years in suspended sentences and 91 years deferred prison time. Overall in 1992, the 4th JDTF seized directly or assisted in seizing approximately 123 pounds of marijuana/ 12 ounces of cocaine/ 8.5 ounces of methamphetamine and 14.6 grams of crack cocaine. Also during 1992, 654 marijuana plants were destroyed. 1993 During this grant period the Task Force worked several major cases which resulted in the disruption of inter -state narcotics trafficking organizations. Three separate investigations were conducted which involved several suspects who were trafficking in large quantities of methamphetamine. One of the cases involved a clandestine methamphetamine lab. The Task Force investigated a major crack/cocaine distribution organization. Approximately 23 suspects were arrested on various crack/cocaine charges. The quantity and availability of crack/cocaine in the Fayetteville area had been on the rise in our jurisdiction for the past several months. DLEP FY '04 • • PROGRAM JUSTIFICATION/EVALUATION 1994 In 1994 the Task Force executed a search warrant in the southeast part of Washington County that netted three arrests, the seizure of $15,000 in currency, nine guns and other assets valuing $36,250. The DEA and the IRS in Sioux City, Iowa City were also investigating these suspects. A second major investigation was a methamphetamine dealer located in Fayetteville. This investigation resulted in the execution of search warrant that netted one arrest, seizures of $5,700 in U.S. Currency, 4 guns and other assets totaling $3,500. During 1994, the Task Force opened 292 cases with several being tied to inter -state organizations. Approximately 2.5 ounces of crack/cocaine was seized. 1995 During 1995 the Task Force worked several investigations which involved interstate narcotic rings. The first major case involved marijuana, and this investigation netted in excess of 120 pounds of bricked marijuana and the arrests of six suspects. Another case resulted in the execution of a search warrant that lead to the arrests of three suspects and the seizure of approximately five ounces of methamphetamine and over $16,000 in U.S. currency. In 1995 the Fourth JDTF opened 388 cases and arrested 312 suspects. Two hundred forty seven (247) suspects were convicted on drug charges. These convictions resulted in approximately 417 years of prison time and 303 years of probation. 1996 The 4th JDTF added the Elm Springs Police Department to the Task Force in 1996. This makes a total of eleven law enforcement agencies providing information to the task force. The most prevalent drug being transported into Northwest Arkansas has changed from marijuana to methamphetamine. The drug quantities the 4th JDTF are able to purchase have risen from grams and 1/8 ounce to ounces and pounds. This trend clearly indicates more drugs are available in the area. Heroin is being reintroduced into the area. There were three DLEP FY '04d • • PROGRAM JUSTIFICATION/EVALUATION deaths attributed to heroin overdoses. Methamphetamine is definitely being transported into the area; locals manufacture the substance as well. Three methamphetamine labs have been seized this past year. 1997 During 1997 the task force was able to increase staffing by the addition of an officer assigned from the University of Arkansas. While working methamphetamine cases in the Hispanic community, the Fourth Judicial District, the Nineteenth Judicial District, State Police Narcotics and the DEA have pooled resources and shared officers working in an undercover capacity to make cases in Northwest Arkansas. These efforts resulted in the purchase or seizure of over eight pounds and arrested sixteen individuals capable of selling pounds of methamphetamine. 1998 In the 1998 fiscal year, the Task Force saw a tremendous increase in methamphetamine trafficking, manufacture and abuse. During this fiscal year the Task Force purchased and seized approximately 19.41 pounds of methamphetamine. The Task force purchased and seized approximately 1.2 pounds of cocaine, approximately 66.3 pounds of marijuana and 3000 hits of LSD in this fiscal year. The 4th JDTF ended the 1998 fiscal year opening 405 new cases and seizing $91,481.33 in U.S, currency. Of these cases, 365 were turned over for prosecution giving the Task Force a 90% clearance rate for the year. 1999 The sale of methamphetamine and prevalence of methamphetamine laboratories continue to increase in our area. A joint investigation between the 4th DTF, 19th DTF and the DEA resulted in the seizure of approximately 5 pounds of methamphetamine and 6 pounds of cocaine. During 1999, the 4th DTF made the largest single seizure of LSD in the state of Arkansas by seizing 123,000 micrograms of LSD from a suspect in Fayetteville, Arkansas. The 4' JDTF has purchased and seized approximately 20.09 pounds of methamphetamine, approximately 7.4 pounds of cocaine, 62.53 pounds of marijuana and seized $314,467 U.S. currency year to date in this fiscal year. We have opened 263 cases in this grant year. This DLEP FY '04 _ • • PROGRAM JUSTIFICATION/EVALUATION number is down 31 cases from this point in our 1998 grant year. 2000 During the fiscal year 2000, the 4th Judicial Drug Task Force has continued to see an increase of methamphetamine labs and the designer drug, ecstasy. In response to our increasing methamphetamine lab investigations, four investigators attended Clandestine Lab On Site Safety School in Quantico, VA. This training enables these officers to manage a crime scene at a lab site, and to train and recertify additional officers from our jurisdiction. We have requested one additional investigator from the Washington County Sheriff's Department. This investigator will help combat the growing narcotics problem in rural Washington County. During the sixteen -month fiscal year 2000, the 4th JDTF has seized approximately 12 pounds of methamphetamine, approximately 4.80 pounds of cocaine, approximately 7 ounces of crack cocaine, 136 pounds of marijuana, 97 marijuana plants, 720 ecstasy pills and 66 methamphetamine labs. We have seized $115603.90 in U.S. currency and seven vehicles. We have opened 522 cases in this grant year and made 530 arrests. 2001 Through the grant the Washington County Sheriff's Department was able to add an investigator to the 4th JDTF. This addition staffed the Task Force with five full time investigators and a sergeant. Twelve law enforcement agencies within Washington County actively participate with and provide information to the 4th JDTF. The 4th JDTF and the Drug Enforcement Administration (DEA) continue to cooperate with one another and share information on drug traffickers in the Northwest Arkansas area. During the first six months (August 2001 thru January 2002) of this shortened fiscal year 2001 the 4th JDTF has seized approximately 3 pounds of methamphetamine, approximately 1% ounces of cocaine, approximately 19 ounces of crack cocaine, approximately 30 pounds of marijuana and 114 marijuana plants. Thus far, the 4th JDTF has opened 233 cases, made 249 arrests, and seized $32483.00 in U.S. currency and 1 vehicle DLEP FY '04 • • PROGRAM JUSTIFICATION/EVALUATION 2002 The Task force has continued to see a large amount of methamphetamine labs in our area. The 4th JDTF has continued to educate the public through methamphetamine awareness classes and share information with the Drug Enforcement Agency (DEA) and other local law enforcement agencies to combat the methamphetamine problem. During the first nine months of the Task Force's grant year (July 2002 thru March 2003), the 4th JDTF seized approximately 6.32 lbs of methamphetamine, 38 methamphetamine labs, approximately 7.78 ounces of cocaine, approximately 13.20 ounces of crack cocaine, approximately 176.50 pounds of marijuana, and 61 marijuana plants. The 4th JDTF opened 394 cases, made 444 arrests and seized $64,179.00 in U.S currency and five vehicles. 2003 In the 2003 grant year, the 4th JDTF experienced an increase the number of seized methamphetamine labs. The 4th JDTF will continue to educate the public and the area businesses on the hazards of methamphetamine manufacturing. The 4th JDTF cooperated with the DEA on several successful investigations. Two of the investigations resulted in the seizure of three pounds of methamphetamine and 47 pounds of pseudoephedrine. During the first nine months of the task force's grant year (July 03 thru March 04), the 4th JDTF seized approximately 8 lbs of methamphetamine, 74 methamphetamine labs, 7 ounces of cocaine, 6.5 ounces of crack cocaine, 30 lbs of marijuana and 18,084 marijuana plants. The 4th JDTF opened 499 cases, made 438 arrests, and seized $94,160.57 in U.S currency and four vehicles. DLEP FY '04 • • • Problem Statement Clandestine methamphetamine laboratories continue to be a problem in our area. Over the past five years we have found, methamphetamine lab precursors and reagents are easily obtained by the public, the methamphetamine cook times are decreasing, and more suspects are involved the in the chemical buying process. The task force has also seen an increase of smaller labs that are easily concealed and are often found in vehicles that make the detection of the labs difficult. In 20021 the 4thJJTF responded to 52 methamphetamine labs. In 2003, the drug task force had a 35 percent increase in lab seizures, eradicating 79 methamphetamine labs. The 4th JDTF has developed a good working relationship with businesses in our area that sell items required to process methamphetamine. The area businesses cooperate by contacting the 4th JDTF when these items have been purchased and provide information on the suspects making the purchase. The 4th JDTF will continue to educate the public about methamphetamine manufacturing and its associated hazards. The 4th JDTF continues to make arrests and obtain intelligence on large quantities of methamphetamine being transported to Northwest Arkansas. The large quantities of methamphetamine seized by the task force have come from the southern Border States and the West Coast. The 4th JDTF has also experienced an increase in the amount of crack and powder cocaine in this area. Most of the powder cocaine and crack cocaine are coming from the eastern Arkansas. • FORM IGS -3 PROJECT NARRATIVE DRUG LAW ENFORCEMENT PROGRAM GOALS AND OBJECTIVES Goal Continue operations of a multi -jurisdictional drug law enforcement task force to remove specifically targeted major organized crime narcotics trafficking conspiracies, offenders and clandestine methamphetamine lab operators through investigations, arrests, prosecutions, and convictions. Objectives 1. Continue to incorporate major drug investigations in the Washington and Madison County area into a single and collective investigative effort executed by a "Control Group" of local law enforcement agencies supported with federal funding. 2. Assist area law enforcement agencies establish a collective interdiction unit that combats drug couriers that travel on Interstate I-540 and highways within the jurisdiction of the 4th JDTF. 3. Increase the number of arrests and prosecution of drug offenders who operate in the Northwest Arkansas area by 8 percent. 4. Maintain the probability of criminal and civil forfeitures in drug convictions. This is based on the efforts in objective number three. 5. Continue investigations with the assistance of the Drug Enforcement Administration of Mexican methamphetamine trafficking organizations throughout Northwest Arkansas. 6. Continue to maintain a system to collect photographs and personal information of all Methamphetamine suspects identified tied to the Mexican drug trafficking organizations. 7. Continue to educate and inform law enforcement, firefighters, Arkansas State Probation and Parole, Department of Human Service and the general public on methamphetamine lab activities through organized classes lead by certified instructors and through the DLEP FY '04 • FORM IGS -3 PROJECT NARRATIVE DRUG LAW ENFORCEMENT PROGRAM media by listing common traits of clandestine methamphetamine lab operators. Encouraging citizens and local retailers, where precursor supplies can be purchased, to contact the local crime stoppers hotline with tips. Critical Elements Target Selection The Control Group will give guidance and make recommendations to the DTF as to individual targets for investigative projects. Special consideration will be given to the probability of a successful arrest, prosecution, and criminal and civil forfeitures. Drug offenses will be targeted by the Control Group as the group determines the most prevalent and readily available drugs in their area. The Task Force will also take into consideration the types of drugs, which contribute, to other criminal behavior. In this area those drugs are methamphetamine, crack, cocaine, marijuana, ecstasy and methamphetamine laboratories. Case and Resource Assignment The Control Group will name an Operations Coordinator to assign cases. The coordinator will report on a monthly basis to the control group so this activity can be closely monitored. Also on a monthly basis the Control Group receives a financial report from the Fiscal Officer. Case Monitoring The Operations Coordinator reviews all intelligence information received in the office. This information is gathered from all other law enforcement agencies in our area, as well as citizens calling in information. He assigns follow-up on intelligence based on the location of the criminal activity and the experience of the officer to handle the case. He also monitors the case throughout the process. All open cases are updated with a status form every sixty days until case is closed by arrest. This procedure prevents cases from being lost in the shuffle and not DLEP FY '04 • • FORM IGS -3 PROJECT NARRATIVE DRUG LAW ENFORCEMENT PROGRAM prosecuted on a timely basis. DLEP FY '04 • • CER -1 Assurances STATE OF ARKANSAS DRUG LAW ENFORCEMENT SUBGRANTS CERTIFIED ASSURANCES Pagel of 3 1. The applicant assures that federal drug law enforcement funds made available under the Anti -Drug Abuse Act will not be used to supplant state and local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for drug law enforcement activities; 2. The applicant assures that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary to keep such records as the Bureau of Justice Assistance and the Department of Finance and Administration shall prescribe shall be provided to assure fiscal control, proper management, and effective disbursement of funds received under the Act; 3. The applicant assures that it shall maintain such data and information and submit the prescribed reports in the prescribed formats at the prescribed times as the Bureau of Justice Assistance and the Department of Finance and Administration may require; 4. The applicant assures that at the end of each federal fiscal year that the project is in force, and at the end of the project period, it will submit a performance report to the Department of Finance and Administration in a manner to be prescribed; 5. The applicant certifies that the program contained in this application meets all the requirements, and that all the information is correct, and that the applicant will comply with all provisions of the Anti - Drug Abuse Act of 1986 and all other applicable state and federal laws; 6. The applicant assures that before any budgetary or programmatic amendment is made to an approved program, it will submit such an amendment to the Department of Finance and Administration for review; 7. The applicant assures that it will comply, and all its subgrantees and contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Street Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as) appropriate); Title VI of the Civil Rights Act of 1964 as amended; Section 504 of the Rehabilitation Act of 1973 as amended; Subtitle A, Title II of the American with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 8. The applicant assures that in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin or sex against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights Compliance (OCRC) of the Office of Justice Programs; 9. The applicant assures that if it is required to formulate an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, et. seq., it should submit a certification to the state that it has a current EEOP on file which meets the requirements therein; 10. The applicant assures that it will comply with the provisions of the Department of Finance and Administration's "Drug Law Enforcement Subgrant Procedures and Financial Management Guidelines"; As required by Department of Justice 30 CER -1 Assurances STATE OF ARKANSAS DRUG LAW ENFORCEMENT SUBGRANTS CERTIFIED ASSURANCES Page 2 of 3 11. The applicant assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part II, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; and Part 63, Floodplain Management and Wetland Protection Procedures; 12. The applicant assures that in addition to all other audit requirements, it will allow the Division of ' Legislative Audit or any other independent or internal auditors of the Department of Finance and Administration to have access to the applicant's records and financial statements; (A) as may be necessary for the Department of Finance and Administration to comply with the 1996 Single Audit Act Amendments and Circular A-133, and other rules and/or regulations governing financial accounting and auditing guidelines, principles, and procedures; and (B) as may be requested by the Department of Finance and Administration to comply with any State or local government rules and/or regulations; 13. The applicant assures that it will fully participate in the compilation of statistical information as required by state agencies, Le., providing complete finger print arrest information; 14. The applicant assures that both federal and matching funds used for this project will be used exclusively to support defined drug law enforcement activities, and will not be used to support any general purpose law enforcement or other activity maintained by the applicant; 15. The applicant assures that if the grant funds are used to support a Task Force, the Task Force Board of Directors or 'Control Group' will hold regularly scheduled meetings at least monthly, and will provide the State Drug Director with copies of the agenda and minutes of each meeting; 16. The applicant assures that if grant funds are used to support a Task Force, the Task Force Administrator and the Board of Directors will develop and/or maintain a detailed policy and procedures manual for the guidance of task force operations. 17. The applicant assures that all proposals for out of state travel for conference and training will be submitted to the Arkansas Law Enforcement Committee for approval prior to any expense being incurred. 18. The applicant agrees to comply with the provisions of the federal Fair Labor Standards Act regarding the preparation and retention of time and attendance records affecting persons employed through financial assistance provided by the grant. The applicant also agrees to accept full responsibility for any compensatory time allowance or overtime pay obligations for persons employed within the project not funded by the grant. 31 As required by Department of Justice • CER -1 Assurances STATE OF ARKANSAS DRUG LAW ENFORCEMENT SUBGRANTS CERTIFIED ASSURANCES Page 3 of 3 19. The applicant agrees that no officer or employee of its agency shall be involved in a decision that affects the applicant during the time of employment with the knowledge that there is an opportunity to further their interest as set forth in the Department of Justice, Office of Justice Programs Financial Guide. CERTIFICATION I certify that the program proposed in this application meets applicable requirements of the Anti - Drug Abuse Act, that all the information presented is correct, and that the applicant will comply with the provisions of the Act and all other applicable federal laws and applicable state laws and regulations. ure of Contracting Off April 20,2004 Dantoody Mayor (Date) (Typed Name) (Title) 113 W. Mountain Street Fayetteville, AR. 72701 (Address) (479) 575-8330 (479) 575-8256 (Area Code/Telephone Number) (Area Code/Fax Number) 32 As required by Department of Justice CER -3 Audit Cost CERTIFICATION OF AUDIT COST As the Contracting Official for a Drug Law Enforcement Program subgrant to the organization listed below, I certify that the OMB Circular A-133 audit status is an accurate projection of federal fund expenditures for the fiscal year impacted by this grant, based on information presently available to me. Based on these projections, the audit status of the referenced organization will be as indicated below. AUDIT STATUS ONE: PROJECT AUDIT COST The applicant agency will expend less than $500,000 from all federal sources during its fiscal year. • The Department of Finance and Administration will contract for audit services applicable to the Drug • Law Enforcement Program subgrant. The applicant will not budget audit funds. AUDIT STATUS TWO: OVERALL SINGLE AUDIT COST A single audit must be procured by the applicant agency when the applicant agency expends $500,000 or more in federal funds from all sources during its fiscal year. Under these circumstances, the applicant agency may take one of two courses in paying for single audit costs. Check either (A) or (B) below to show your intent. The applicant agency will pay for the cost of the single audit from its own resources. The applicant agency will develop an equitable formula for assigning single audit cost to each federal program from which grants are received. If you checked item (B), complete the grants listing below for your most recent fiscal year, even if you must use estimated data. This information will serve to verify the need for a single audit of your finances during the fiscal year this grant will be active. • FEDERAL FUNDS EXPENDITURES Name of Federal Agency Most Recent Fiscal Year (Use supplementary listing if needed) 35 Federal Dollars Expended • ESTIMATED TOTAL COST OF SINGLE AUDIT ESTIMATED SHARE OF SINGLE AUDIT COST TO BE PAID WITH DLEP GRANT FUNDS • CER -3, Page 2 Dan Coody Mayor Printe ame of Contracting Official Title and Organization Signature 36 April 20, 2004 Date • U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER • CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS, AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to deterrnine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying- and 28 CFR Part 67, ''Government -wide Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug -Free Workplace (Grants): The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U S Code, and Implemented at 28 CFR Part 69, for persons entering Into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that (a) No Federal appropriated hinds have been paid or vrill be paid, by or on behalf of the undersigned, to any person for In- fluencing 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 con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person lor influencing or at- tempting 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, 'Disclosure of Lobbying Activities: In accordance with its Instructions; (c) The undersigned shall require that the language of this cer- tification be Included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this applica- tion been convicted of or had a civil Judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, brgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certificadon; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) termMated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 671 Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620— A. The applicant certifies that ft will or vdli continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the gaintee's workplace and specifying the action a that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will— OJP FORM 4061/6(3-91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE. 37 • • (t) Abide by the terms (2) Notify the employer violation of a criminal no later than five calendar (e) Notifying the agency, atter receiving notice employee or otherwise Employers of convicted position title, to: Department Justice Programs, ATTN: N.W., Washington, D.C. tification number(s) of (f) Taking one of the days of receiving notice respect to any employee (1) Taking appropriate employee, up to and requirements of the (2) Requiring such employee drug abuse assistance such purposes by a mart or other appropriate (g) Making a good faith free workplace through (c), (d), (e), and (ff. B. The grantee may insert site(s) for the performance the specific grant Place of Performance code) of the statement; and in writing of his or her conviction for a drug In the statute occurring workplace days after such conviction; Check D If there are workplaces on file that are not indentlfied in writing, within 10 calendar days here. under subparagraph (d)(2) from an Section 67, 630 of the regulations provides that a grantee that receiving actual notice of such convic-tion. is a State may elect to make one certification in each Federal employees must provide notice, including fiscal year. A copy of which should be included with each ap- of Justice, Office of plication for Department of Justice funding. States and State Control Desk, 633 Indiana Avenue, agencies may elect to use OJP Form 4061/7. 20531 Notice shall include the Iden- each affected grant Check • If the State has elected to complete OJP Form 4061/7. following actions, within 30 calendar under subparagraph (d)(2), with who is so convicted— DRUG-FREE WORKPLACE personnel action against such an . (GRANTEES WHO ARE INDIVIDUALS) including termination, consistent with the As required by the Drug -Free Workplace Act of 1988, and Rehabilitation Act 01 1973, as amended; or implemented at 28 CFR Part 67, Subpart F, tor grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67 620— to participate satisfactorily in a or rehabilitation program approved for A. As a condition of the grant, I certify that I will not engage Federal, State, or local health, law enforce- in the unlawful manufacture, distribution, dispensing, posses - agency; Mon, or use of a controlled substance In conducting any effort to continue to maintain a drug- activity with the grant; and implementation of paragraphs (a), (b), B. If convicted of a criminal drug offense resulting from a violation occurring dwing the conduct of any grant activity, I In the space provided below the will report the conviction, in writing, within 10 calendar days of work done in connection with of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W , Washington, D.C. 20531. (Street address, city, county, state, zip As the duly authorized representative of the applicant, I hereby certify that the applicant MII comply with the above certifications. 1. GraMee Name and Address: City of Fayetteville 113W. Mountain Street Fayetteville, AR. 72701 2. Application Number and/or Profect Name 3. Grantee IRSNendor Number 71-6018462 Dan Coody, , Mayor 4. Typed Name and Title of Authorized Representative 40160 5. Signature 6. Date April 20, 2004 38 'U.S. Government Printing Office: 1996 - 105667/40014 • • • Disclosure of Lobbying Activities Corrplete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse side for Instructions.) Approved by OMB 0346-0046 Public Reporting Burden br this collection of Inforrnahon is estimated to average 30 minutes per resportsejnduang the thne br reviewing Instmodons, searafing existing data sources, gathering and maintaining the data needed, and osmpieling and reviewing tho wheaten of information. Send comments regarding this burden estimate or any other aspect of this cdlectbn of Inbrmation, Including suggastlons br reducing Ns bodes b the Ofloe of Management and Budget. Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. 1. Type of Federal Action: a contract b grant a. cooperative agreement d. brut e. loan guarantee t loan Insurance 2. Status of Federal Action: 3. Report Type: a. Initial Ming b Material change For Material Change Only: year quarter i i a bid/otter/application b initial award i • c. post -award date of last mart 4. Name and Address of Prime District, Reporting Entity: Subawardee Ter II imorm: 5. ff Reporting Entity in No. 4 Is Suborned's, enter Nam* and Address of Prime: Congressional District, t Mown: Congressional if known: 6. Federal Department/Agency: 7. Federal Program Natne/Desaiption: CFDA thmiber, if Opplicable: B. Federal Action Number, it known: 9. Award Amount, if kncrem: 4 10a. Name and Address of Lobbying Registrant (il frithldual. int name. first name, 141): b. Individual:W.4=de° Semites (including address If difterenthorn No. 10a) Oast name. first mune My • 11. Informition requested through this 1 orm is authorized by Sec.319, Pub. L 101-121,103 Stat. 750, as amended by sec. 10; Pub. L 104- 65, Stat. 700(31 U.S.C. 1352). This disclosure of lobbying activities is a material represeMatIon of fact upon which reliance was placed by the above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. Thls information MI be reported to the Congress semiannually and will be available for public Inspection. Any person who fails to file the required disclosure shall be subject to a civil penally of not less than 510,000 and not more than $100,000 I or each such failure. Signature: Print Name: Tile: Dan Coody Mayor • Telephone 14o.: (479)575-8330 ..,gry,70.,7,72;s7ufxsfrAwf :fig27'r7f/r „Afgr ?1".0.tiv wft 0 ifflri '',491.1,1, ”; „ „„,/, •- • ,/,/ Date: 4/20/2004 39