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HomeMy WebLinkAbout186-09 RESOLUTIONRESOLUTION NO. 186-09 A RESOLUTION ACCEPTING THE ENFORCING THE UNDERAGE DRINKING LAWS MINI -GRANT FROM THE ARKANSAS DEPARTMENT OF FINANCE & ADMINISTRATION IN THE AMOUNT OF $7,000.00; 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 Enforcing the Underage Drinking Laws Mini -Grant from the Arkansas Department of Finance & Administration in the amount of $7,000.00. 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 151 day of September, 2009. APPROVED: ATTEST: ELD JO AN, Mayor By: 0„t (awra, SONDRA E SMITH, City Clerk/Treasurer :ib7SAG: 01 Y O,c :r C: • '1/ :FAYETTEVILLE• y:9RKANSpJ�� deo/4,GTON �G„�`�. G Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements AII101 -e/4ere0e3 City Council Meeting Date Agenda Items Only Patrol Police Division Department Action Required: Approval of the non-matching grant award for Enforcing Underage Drinking Laws Grant and budget adjustment in the amount of $7,000. $ 7,000.00 Cost of this request 1010-2920-5120.00 Account Number 08068-0901 Project Number Budgeted Item $ - Underage Drinking Prevention Grant Category / Project Budget Program Category / Project Name $ Grant Funds Used to Date Program / Project Category Name General Remaining Balance Fund Name Budget Adjustment Attached X Departm- !U" ..r Date D We- -zliato City Attorney Finance and Internal Services Director Date $- b-2001 Date g4o•oq of oft :ff Date Comments: 1'/D ate Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office rl- OR Received in Mayor's Office Revised January 15, 2009 aye evl s e Departmental Correspondence Fayetteville Police Department 100-A West Rock Fayetteville, AR 72701 Telephone: (479) 587-3555 Fax: (479) 587-3563 To: Mayor Lioneld Jordan and City Council Members From: Greg Tabor, Police Chief a Date: August 5, 2009 Re: Enforcing Underage Drinking Laws Mini -Grant Background The Fayetteville Police Department, historically, is one of the area's leading law enforcement agencies on enforcing underage drinking laws. The department works closely with the Arkansas State Alcoholic Beverage Control Division to monitor local establishments in the sale and consumption of alcoholic beverages to minors. The department conducts regular checks throughout the year involving several officers inspecting a number of alcohol permitted outlets. Discussion The Office of Intergovernmental Services Division of the Arkansas Department of Finance and Administration has awarded a mini -grant in the amount of $7,000.00 to the Fayetteville Police Department to enforce underage drinking laws. The Fayetteville Police Department will use these funds to offset the expenditure of a number of details to monitor and inspect alcohol permitted outlets in the enforcement of underage drinking laws throughout the year. This is a reimbursement grant with no matching funds required. Recommendation Staff recommends approval the non-matching grant award for Enforcing Underage Drinking Laws and a budget adjustment in the amount of $7,000. Budget Impact None RESOLUTION NO. A RESOLUTION ACCEPTING THE ENFORCING THE UNDERAGE DRINKING LAWS MINI -GRANT FROM THE ARKANSAS DEPARTMENT OF FINANCE & ADMINISTRATION IN THE AMOUNT OF $7,000.00; 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 Enforcing the Underage Drinking Laws Mini -Grant from the Arkansas Department of Finance & Administration in the amount of $7,000.00. 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 18th day of August, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer July 31, 2009 STATE OFARSANSAS OFFICE OFI)VTERGOLERNMENT IL SERVICES Department of Finance and Administration 1515 West Seventh Street, Suite 400 Post Office Box 8031 Little Rock Arkansas 72203-8031 Phone: (501) 682-1074 Fax: (501) 682-5206 http:llwww.arkansas.gov/dfaligs Notification ofAward FY 2010 Enforcing the Underage Drinking Laws Grant Fayetteville Police Department Dear Ms. Judy Cohea: The Arkansas Department of Finance and Administration, Office of Intergovernmental Services (DFA -IGS) is pleased to announce that your application for a mini -grant in the amount of $7,000 has been approved. The award period will run from July 1, 2009 to May 30, 2010. Award Acceptance Receipt of the award is contingent on the following: a. All Attachments must be signed (in blue ink) by your Authorized Official (agency head) and returned to DFA -IGS by August 10. 1) Attachment 1 (acknowledgement and acceptance) 2) Attachment 2 (approved itemized budget) 3) Contact information for your designated Agent who will manage the mini -grant and for at least one additional alternate contact must also be provided in Attachment 1. 4) Attachment 3 (certifications regarding lobbying) 5) Attachment 4 (certification regarding debarment) 6) Attachment 5 (assurances) 7) Attachment 6 (contract and grant disclosure/certification form) Acceptance of the award indicates the Authorized Official's: a. Acknowledgement that the requirements for this award and all Attachments are understood and accepted. b. Agreement with the terms and conditions contained herein. c. Acceptance of and agreement to comply with federal and state laws and requirements governing the EUDL grant. [Office of Justice Programs Financial Guide may be accessed via the internet at [http://www.ojp.usdoi.gov/financialguide/index.htm d. Understanding that all costs are reimbursement only. Actual cost must be paid by grantee prior to requesting reimbursement. Reporting Requirements Reimbursement requests are due monthly 110 later than the 5t13 of the month and a final reimbursement request is due no later than June 5, 2010. Quarterly progress reports are due by: October 5, 2009; January 5, 2010; April 6, 2010; and June 5, 2010. Failure to submit these reports by the deadline may result in a cancellation of this award or only partial reimbursement. A report is required even if no activities were performed within the reporting period. Reimbursement will be issued only for the specific items and services indicated in the approved budget. To ensure full reimbursement, detailed receipts must be attached to the reimbursement: request. To receive reimbursement for promotional items, copies or samples must be submitted with the reimbursement request. One original (signed in blue ink) and an electronic version of the monthly and quarterly reports must be submitted. Mail original report to: Parunta Brown DFA Office of Intergovernmental Services 1515 West 7th Street, Suite 400 PO Box 8031 Little Rock, Arkansas 72201-8031 Submit electronic copy to parunta.brown nadfa.arkansas.gov DFA -IGS Acknowledgement Monthly reimbursement and Quarterly progress report forms will be provided to mini -grant recipient upon DFA -IGS receipt of Attachments 1 through 5. Terms and Conditions a) The Mini -grant Recipient shall not discriminate against any participant in the performance of this award because of race, creed, color, disability, national origin, sex, religion or marital status. b) Expenditures will be reimbursed in accordance with the approved budget. c) Reimbursement Invoices will be submitted by the 5th of each month for expenditures made in the previous month. d) Final request for reimbursement will be submitted by June 5, 2010. e) Quarterly Progress Reports will be submitted by the 5th or 6th day of the following month after the quarter's end: October 5, 2009; January 5, 2010; April 6, 2010; and June 5, 2010. 0 Minors will be compensated at a rate of pay no higher than $10.00 per hour.* g) Officers will be compensated at a rate of pay no higher than $25.00 per hour. Officers will not be compensated for court time.* h) Compensation for mileage will be reimbursed at $.42 cents a mile (or highest rate approved by the State).* *Items reimbursed only if they are in the approved budget. DFA -IGS Contact Should you have any questions or concerns throughout your grant period, please contact Parunta Brown at: (501) 682-3766 or by email at parunta.brown(a�dfa.arkansas.aov. Congratulations once again on your award. Sincerely, Doris Smith Assistant Administrator DFA Office of Intergovernmental Services Mail completed documents (Attachments 1 through 5) to: Parunta Brown DFA Office of Intergovernmental Services 1515 West 7th Street, Suite 400 PO Box 8031 Little Rock, Arkansas 72201-8031 Attachment 1 Grantee Acknowledgement of EUDL Grant Requirements and Restrictions I, Lioneld Jordan , agency head for City of Fayetteville AR acknowledge the specific requirements outlined hi the Notification of Award. I will ensure the timely submission of all reports and will ensure the reimbursement requests are submitted only for qualified expenses and for only the approved amounts as outlined in the Approved Budget. Contact Information: 100-a W Rock St Fayetteville. AR 72701 Lioneld Jordan Agency ' ead- Printed Name • Manor Title 0 09 ignature (/ Date Authorized Agent/Award Manager contact information: Name: Rick Crisman Title: Corporal. COP Division Phone: 479-575-8341 Other: rcrisman(ilci.fayettevdle.ar.us Alternate Person contact information: (at least one required) Name: Greg Tabor Title: Police Chief Phone: 479-587-3500 Other: atabor@ci.favetteville.ar.us Name: Judy Cohea Title: Fiscal Officer Phone: 479-587 3581 Other: icohea0ci.favettevdle.ar.us ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION OFFICE OF INTERGOVERNMENTAL SERVICES ENFORCING UNDERAGE DRINKING LAWS MINI -GRANT BUDGET SPREADSHEET Alcohol Patrols/ Bar Patrols Officers Officers Officers Officers Officers Officers overtime (6 hours x 6 officers) @ $25 per hour overtime (6 hours x 6 officers) @ $25 per hour overtime (6 hours x 6 officers) @ $25 per hour overtime (6 hours x 6 officers) @ $25 per hour overtime (6 hours x 6 officers) @ $25 per hour overtime (6 hours x 6 officers) @ $25 per hour TOTAL CATEGORY AMOUNT Individual Line Item (amounts) $900.0 $900.0 $900.0 $900.0 $900.0 $900.0 $5,400.0 Compliance Checks Once a month for 8 months/ 4 hrs each @ $25.00/hr <List line item> <List line item> <List line item> <List line item> TOTAL CATEGORY AMOUNT <Insert Category Header> <List line item> <List line item> <List line item> <List line item> <List line item> <List line item> TOTAL CATEGORY AMOUNT <Insert Category Header> <List line item> <List line item> <List line item> <List line item> <List line item> <List line item> TOTAL CATEGORY AMOUNT TOTAL OF ALL CATEGORY AMOUNTS Individual Line Item (amounts) $1,600.0 $0.0 $0.0 $0.0 $0.0 $1,600.0 Individual Line Item (amounts) $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 Individual Line Item (amounts) $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $7,000.0 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 determine 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 funds have been paid or will 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 for 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 udgment rendered against them for commission of fraud or a ermine( 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, forgery, 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 governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (t)(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, Stale, or local) terminated 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 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620— A. The applicant certifies that it will or will 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 grantee's workplace and specifying the actions 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 4061/2,4061f3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring In the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conic -tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily In a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 8. The grantee may Insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address. city, county, state, zip code) Check ❑ if there are workplaces on file that are not iridentified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check ❑ If the State has elected to complete OJP Form 4061/7. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and Implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620— A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, posses- sion, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: City of Fayetteville, Arkansas 100-a W. Rock St. Fayetteville, AR 72701 2. Application Number and/or Project Name 3. Grantee IRSNendor Number Enforce Underage Drinking Laws 4. Typed Name and Title of Authorized Representative Lioneld Jordan, Mayor 5. Signature 71-6018462 6. Date fl�fr 'U.S. Government Printing Office: 1996- 405-037/40014 Win, it U.S. DEPARTMENT OF JUSTICE m OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub -Recipient) Suspension, Part (1) (2) This VII of The principals excluded Where certificaiton, Lioneld certification 28 the prospective the Jordan, CFR May (BEFORE are from is required by the regulatioons implementing Executive Order 12549, Debarment and Part 67, Section 67.510, Participants' responsibilities. The regulations were published as 26, 1988 Federal Register (pages 19160-19211). COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) lower tier participant certifies, by submission of this proposal, that neither it nor its presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily participation in this transaction by any Federal department of agency. prospective lower tier participant is unable to certify to any of the statements in this such prospective participant shall attach an explanation to this proposal. Mayor Name and Title of Authorized Representative n S na City re of Fayetteville, Arkansas Date Name 100-a of Organization W. Rock St., Fayetteville, AR 72701 Address of Organization OJP FORM 4061/1 (REV. 2/89) Previous editions are obsolete Instructions for Certification 1. By signing and submitting this proposal, the prosective 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 certificaiton, 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 leams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 4. The terms "covered transction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person " "primary covered transaction," "principal," "proposes," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 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 debared, 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 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. 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 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 check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of reports in order to render in good faith the certification requred 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 suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. ASSURANCES The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars No. A-21, A-87, A-110, A-122, A-133; E.O. 12372 and Uniform Admin'stmtive Requirements for Grants and Cooperative Agreements — 28 CFR, Part 66, Common Rule, that govern the application, acceptance and use of Federal funds for this federally assisted project. Also the Applicant assures and certifies that: 1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurance contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It ensures that individuals with limited English proficiency (LEP) will be provided access to its program and activities. 3. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally — assisted programs. 4. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or part by Federal grants or subgrants. (5 USC 1501, et. seq.) 5. It will comply with the minimum wage and maximum hours provision of the Federal and State Fair Labor Standards Act if applicable. 6. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 7. It will give the Department of Finance and Administration, or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the subgrant 8. It will comply with all requirements imposed by the Federal sponsoring agency or the Department of Finance and Administration conceming special requirements of law, program requirements, and other administrative requirements. 9. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Department of Finance and Administration and the Federal grantor agency of the reciept of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in theproject is under consideration for listing by the EPA. 10. It will comply with the flood insurance purchase requirements of Section 102 (a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102 (a) requires, on and atter March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the reciept of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance 11. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569 a-1 et seq) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 12. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 13. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including 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; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 1 14. It will comply, and all its contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; 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. 15. 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, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Department of Finance and Administration, Office of Intergovernmental Services. 16. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 17. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 18. Will comply, as applicable, with provisions of the Hatch Act (5 USC 1501-1508 and 7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 19. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations" and Department of Finance and Administration audit requirements. 20. It will have complete and well -organized books, records and other original documentation relating to any and all subgrant expenditures, reimbursement or payment claims, reciept of funds, personnel employed, services rendered, individuals served, and all other records pertinent to the subgrant award. Furthermore, its bookkeeping shall be adequate to track the receipt and expenditure of all organizational funds, separately. It shall also maintain a functioning internal control structure which includes accounting and service delivery procedures that segregate subgrant funds from other organization funds and services. to of Auth ed Official Kb 21. It will provide for fund accounting, auditing, monitoring and evaluation procedures, as neceesnry to keep such records as the Department of Finance and Administration shall prescribe, to assure fiscal control, proper fund management and effective disbursement of funds received under the subgrant award. 22. No income eligibility standard will be imposed on individuals receiving assistance or services supported with funds appropriated or designated to cany out the subgrant project. 23. Subgrant funds made available under this subaward will not be used as direct payment of cash or any other monetary transaction with any victim or dependent of a victim for any purpose. 24. It will not, and all its subgrantees and contractors will not, hire illegal aliens. 25 That the address or location of any shelter -facility assisted under the subgrant project will not be made public, except with the written authorization of the person or persons responsible for the operation of such shelter. 26. It will comply with the Department of Finance and Administration, Office of Intergovernmental Services, Subgrant Administration Guide (June 2002, as amended, or its successor). 27. It will comply, and assure the compliance of all its subgrantees and contractors, with the disclosure required by Governor's Executive Order 98-04 and acknowledges that disclosure is a condition of the subgrant award and that the Department of Finance and Administration cannot enter into any such subgrant award for which disclosure is not made. Failure to make any disclosure required by Governor's Executive Order 98-04, or any violation of any rule, regulation, or policy adopted pursuant to that Order, shall be a material breach of the terms of a subgrant award. Any subgrantee who fails to make the required disclosure or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the Department of Finance and Administration. 28. Public Law 103227, Part C Environmental Tobacco Smoke, also known as the Pro Children Act of 1994, requires that smoking not be permitted in any portion of any indoor routinely owned or leased or contracted for by an entity and used routinely or regularly for provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or Local governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 per day and/or the imposition of an administrative compliance order on the responsible entity. 2 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2009 Department: Police Division: Police Program: Police/Animal Projects Date Requested 8/18/2009 Adjustment Number Project or Item Added/Increased: Recognize 2009-2010 Enforce Underage Drinking Laws grant from the State of Arkansas Department of Finance and Administration. Project or Item Deleted/Reduced: Justification of this Increase: This grant is a non-matching reimbursement grant for the purpose of reducing underage drinking in Fayetteville, Arkansas Justification of this Decrease: Account Name Increase Budget Account Number Personnel Services - Contra 1010 2920 5120 00 Account Name State Grants - Operational Decrease Budget Account Number 1010 0001 4302 01 Amount Project Number 7,000 08068 0901 Amount Project Number 7,000 08068 0901 Division Head ire Departure- tor Date v 7, at fc,,,A, . Date Date 3 -ID -2009 Date tiro V.090403 Budget & Research Use Only Type: A B C <D> E Requested By General Ledger Date Posted to General Ledger Initial Date