HomeMy WebLinkAbout187-09 RESOLUTIONRESOLUTION NO. 187-09
A RESOLUTION AUTHORIZING THE FAYETTEVILLE POLICE
DEPARTMENT TO ACCEPT A 2009 NON-MATCHING RECOVERY ACT
JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF $456,807.00,
$207,129.00 OF WHICH WILL BE USED BY THE FAYETTEVILLE POLICE
DEPARTMENT FOR THE PURCHASE OF EQUIPMENT WITH $106,765.00
TO BE DISBURSED TO THE CITY OF SPRINGDALE AND $88,913.00 TO
WASHINGTON COUNTY; 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 authorizes
the Fayetteville Police Department to accept a 2009 non-matching Recovery Act Justice
Assistance Grant in the amount of $456,807.00, $207,129.00 of which will be used by the
Fayetteville Police Department for the purchase of equipment, with $106,765.00 to be disbursed
to the City of Springdale, and $88,913.00 to Washington County.
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:
B
ATTEST.
By:
SONDRA E. SMITH, City Clerk/Treasurer
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:FAYETTEVILLE•
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G. Tabor
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
Ci/t/D9
9
City Council Meeting Date
Agenda Items Only
Patrol
Division
Action Required•
Police
Department
Acceptance of the non-matching 2009 Recovery Act Justice Assistance Grant (JAG) Local Solicitation award and
approval of a budget adjustment in the amount of $456,807.
456,807.00
Cost of this request
1010 -2920 -various
Account Number
09017-1
Project Number
Budgeted Item
456,807.00
Category / Project Budget
JAG Recovery Solicitation - 2009
Program Category / Project Name
Grant
Funds Used to Date Program / Project Category Name
456,807.00 General
Remaining Balance Fund Name
Budget Adjustment Attached
X
s"\ ��S\ Previous Ordinance or Resolution #
DepartmeDate
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City Attorney
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Finance and Internal Services Director
Date
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Date
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Original Contract Date:
Original Contract Number:
Comments:
Revised January 15, 2009
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT
To: Lioneld Jordan, Mayor and Fayetteville City Council
From: Greg Tabor, Acting Chief of Police
Date: August 7, 2009
Re: Acceptance of 2009 Recovery Act Justice Assistance Grant Local Solicitation
Award
Background
The U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance
has awarded the 2009 Recovery Act Justice Assistance Grant for local agencies. This award is
based in part on population and violent crime rates and is given to Fayetteville, Springdale and
Washington County to share. This grant does not require any local cash matching funds.
Discussion
The Fayetteville Police Department has been awarded $207,129 for the purchase law
enforcement equipment not funded in recent budgets. The largest portion of this grant award
will be spent outfitting all of our patrol officers with Tasers. Tasers are a critical component of
any officer's arsenal to effectively subdue aggravated suspects without subjecting our officers
and/or suspects to physical injury. Tasers purchased by the Fayetteville Police Department will
have video capabilities. Please see budget detail worksheet for complete listing of equipment to
be purchased.
Within this grant, Springdale will receive $160,765 to purchase six (6) fully equipped
marked patrol vehicles. Washington County will receive $88,913 to support the purchase of a
fully equipped marked patrol vehicle, evidence drying cabinet, a breathe alcohol concentration
(BAC) machine, and tasers for their field officers.
Recommendation
Staff recommends acceptance of the 2009 Recovery Act Justice Assistance Grant Local
Solicitation award in the amount of $456,807.00 for the purchase of law enforcement equipment.
If you should have any comments or question regarding this grant application, please contact me
at extension 500.
Budget Impact
None
100-a West Rock Street, Fayetteville, Arkansas 72701 Phone: (479) 587-3555 Fax: (479) 587-3522
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE FAYETTEVILLE POLICE
DEPARTMENT TO ACCEPT A 2009 NON-MATCHING
RECOVERY ACT JUSTICE ASSISTANCE GRANT IN THE
AMOUNT OF $456,807.00, $207,129.00 OF WHICH WILL BE USED
BY THE FAYETTEVILLE POLICE DEPARTMENT FOR THE
PURCHASE OF EQUIPMENT WITH $106,765 00 TO BE
DISBURSED TO THE CITY OF SPRINGDALE AND $88,913.00 TO
WASHINGTON COUNTY; 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 authorizes the Fayetteville Police Department to accept a 2009 non-
matching Recovery Act Justice Assistance Grant in the amount of $456,807.00,
$207,129.00 of which will be used by the Fayetteville Police Department for the
purchase of equipment, with $106,765.00 to be disbursed to the City of
Springdale, and $88,913.00 to Washington County.
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
Edward Byrne Memorial
JAG - Local Solicitation
FY 2009
Budget Detail Worksheet
Item
D. Equipment
City of Fayetteville
Accident Reconstruction Equipment
Cannondale Police Mountain Bikes
Joint Firing Range Equipment
Tint Meters
Bar Code Upgrade
Cop Logic Software
EDMS Software
VIDMICS
Forensic video enhancement software
Kid Print ID System
L-tron Scanners
Policy Management Software
K-9
Mp5 Rifles
Taser Cameras
Tasers X26
City of Springdale
Marked Patrol Vehicles
Washington County Sheriffs Office
Marked Patrol Vehicle
Breathe Alcohol Concentration (BAC) Machine
Tasers X26 w/ Cameras
Criminal Evidence Drying Cabinet
E. Supplies
City of Fayetteville
Evidence Drying Cabinet Filter
Evidence Drying Cabinet Filter-I-IEPA
Budget Total
Computaiton
1 @ $2,000 plus tax
9 @ $1,700 plus tax
1 @ $2,500 plus tax
2 @ $145 plus tax
1 @ $5,000 plus tax
1 ® $17,000 plus tax
1 @ $6,000 plus tax
4 @ $700 plus tax
1 @ $17,000 plus tax
I @ $7,588 plus tax
30 @ $450 plus tax
I @ $16,415 plus tax
1 @ $9,000 plus tax
7 @ $1,792 plus tax
48 @ $400 plus tax
48 @ $975 plus tax
Total Fayetteville Equipment
Cost
$ 2,185.00
16,299.25
2,731.25
316.83
5,381.25
18,101.25
6,441.25
3,049.25
18,101.25
8,124.52
14,391.25
17,481.15
9,621.25
13,377.89
20,433.25
49,689.25
$ 205,725.14
6 @ $26,794.16 $ 160,765.00
Total Springdale Equipment $ 160,765.00
1 @ $26,794.16
1 @ $7,535 plus tax
32 @ $1,375 plus tax
1 @ $5,565.32 plus tax
Total Washington County Equipment
Total Equipment
2 @ $500 plus tax
1 @ $285 plus tax
Total Fayetteville Supplies
Total Supplies
$ 26,794.16
8,068.35
48,070.00
5,980.49
$ 88,913.00
1,092.50
311.36
1,403.86
Total
$ 455,403.14
$ 1,403.86
$ 456,807.00
Budget Narrative
(Attachment 2)
A. Personnel
None
B. Fringe Benefits
None
C. Travel
None
D. Equipment
City of Fayetteville
Accident Reconstruction Equipment 52,000 plus tax $2,185.00
The Fayetteville Police Department will utilize $2,000 of grant funds to purchase
accident reconstruction equipment, including but not limited to roller tape measures,
fiberglass tape measures, spray paint, chalk, laptop computer, and accident diagramming
software, to assist in diagramming both serious and fatal injury accident scenes. This
equipment will also be used to investigate, diagram, and document other crime scenes such
as homicides, rapes, robberies and other serious felonies.
Police Mountain Bicycles 9 @ $1,700 plus tax $16,299.25
The Fayetteville Police Department Bike Patrol Unit was established in 1996 with
officers responsible for patrolling our entertainment, downtown, park, trails and merchant
areas on Cannondale police equipped mountain bikes. Our current bicycle fleet is thirteen
years old and in need of replacement in order to continue this program. Nine (9) Cannondale
Police Mountain Bicycles will be purchased for $1,700 each resulting in a total cost of
$16,299.25 including tax.
Joint Firing Range Equipment $2,500 plus tax $2,731.25
Joint Firing Range Equipment items to be purchased with these grant funds include a
dueling tree target system, a portable hostage target, a portable plate rack target system, and a
portable popper target. All of these items are the same brand system that Washington County
Sheriffs Office has in place and all of these items will work with the current target systems.
These targets are heavy duty and made from T-500 grade steel and are very bullet resistant to
eliminate ricochets. The purchase of these targets will have a total cost of $2,731.25.
Tint Meters 2 @ $145 plus tax $316.83
Window tint meters will be utilized by Fayetteville police officers who are responsible
for traffic enforcement. These devices will assist officers in accurately determining the
lawful levels of light transmission for motor vehicles with tinted windows as prescribed by
Arkansas Code Annotated 27-37-306. Two (2) Window Tint Meters will be purchased for a
total tax included cost of $316.83.
Bar Code Scanner Upgrade $5,000 plus tax $5,38L25
The bar code upgrade is a system upgrade to our current evidence bar code scanning
system. Our current scanners are no longer in production and support for repairs is limited.
The cost for this upgrade is $5,381.25.
CopLogic Software $17,000 plus tax $18,101.25
CopLogic software is a desk officer online reporting system the offers citizens a
convenient way to report minor incidents, crime tips, submit forms, etc. through an online
service available 24 hours a day, 7 days a week and increases officer efficiency. This
software and licenses will have a total purchase price of $18,101.25.
EDMS Software License $6,000 plus tax $6,441.25
The Police Department has begun to make use of the City's Electronic Data Management
System (EDMS) for digitally storing and indexing items previously handled in paper format
only by sharing a software license with our Accounting Office. These EDMS items include
arrests, warrants, tickets, officer daily reports, and payroll. These grant funds will be used to
purchase a EDMS software users license dedicated to the Police Department for a total
purchase price of $6,441.25.
VIDMICS 4 @ $700 plus tax $3,049.25
The VIDMIC is a fully operational shoulder microphone, still photo camera, and digital
audio/video recorder wrapped into one device. The VIDMIC will be utilized by Fayetteville
police officers for documentation and accountability. Grant funds will be used to purchase
four (4) VIDMICs at a total purchase price of $3,049.25.
Forensic Video Enhancement $17,000 plus tax $18,10L25
The forensic video enhancement system will allow investigators to enhance images of
surveillance photographs and video. The system will have the ability to change a VHS or
35mm image format to digital and then enhance the images. The purchase of this system will
cost a total of $18,101.25.
Kid Print ID System $7,588 plus tax $8,124.52
The Kid's ID Print System has been in use by the Fayetteville Police Department for over
seven years, and can not be updated nor maintained. This is a highly used system that
provides identification of over 600 children per year. $8,124.52 of grant funds will be used
to purchase a new system so that this program can continue.
L-tron Scanners 30 @ $450 plus tax $14,391.25
L-tron scanners are hand-held 2-D bar code scanners used to retrieve data for populating
electronic data fields within our e -Ticketing System and accident reporting forms. Funds
will be used to purchase one scanner for each of our 30 patrol vehicles at a total cost of
$14,391.25
Policy Management Software $16,415 plus tax $17,481.15
With well over one hundred sworn officers, policy revisions have become a laborious
endeavor involving tasks by several people. Policy management software will enable the
review and revision process to be completed in a less timely and more efficient manner. The
total cost for this system will be $17,481.15.
K-9 $9,000 plus tax $9,621.25
The Fayetteville Police Department K -9s are utilized to assist police officers to track
suspects, search for articles or evidence of a crime, conduct building searches, assist in the
arrest or apprehension of felons, search for lost persons, and detect the presence of narcotics.
One of our dogs is scheduled to retire in 2009 due to age and health issues, and this K-9 will
need to be replaced in order to continue this program. The $9,621.25 cost of the K-9
includes training of the dog and its' handler.
Tactical Team Weapons 7@ $1,792 plus tax $13,377.89
Our tactical team weapons are over 10 years old and are in need of replacement. These
grant funds will be used to purchase seven (7) MP5 or AR15 Rifles at a total cost of
$13,377.89
Taser Cameras 48 @ $400 plus tax $20,433.25
The Taser Cam will be used by Fayetteville police officers as a means of documentation
and accountability each time the Taser X26 weapon is utilized. Forty-eight (48) Taser Cams
will be purchased at a total cost of $20,433.25.
Tasers X26 48 @ $975 plus tax $49,689.25
The Taser X26 is designed to incapacitate suspects by transmitting electrical pulses into
the body affecting the sensory and motor functions of the peripheral nervous system. This
weapon will be assigned to uniformed personnel, and the Taser X26 will help reduce injuries
to both suspects and our law enforcement officers. Total costs to purchase forty-eight (48)
Taser X26's will be $49,689.25.
City of Springdale
Marked Patrol Vehicles 6 @ $26,794.16 $160,765.00
All of Springdale's $160,765 in grant funding will be used to purchase six (6) new fully
equipped marked patrol vehicles. These vehicles are replacements, and not an addition to our
fleet. With these replacement vehicles, Springdale should see a savings in fuel and
maintenance costs along with a reduction in our carbon footprint in the city.
Washington County
Marked Patrol Vehicle 1 @ $26,794.16 $26,794.16
As stated above, the fully equipped marked patrol vehicle will cost $26,794.16.
BAC Machine 1 @ $7,535 plus tax $8,068.35
The Breathe Alcohol Concentration (BAC) machine is an unfunded mandated upgrade by
the State of Arkansas and will cost Washington County a total of $8,068.35.
Taser X26 w/ Cameras 32 @ $1,375 plus tax $48,070.00
As stated above, the Taser X26 with camera will be assigned to uniformed personnel, and
the Tasers will help reduce injuries to both suspects and our law enforcement officers. Total
costs to purchase thirty-two (32) Taser X26's with cameras will be $48,070.00.
Criminal Evidence Drying Cabinet $5,565.32 plus tax $5,980.49
The evidence drying cabinet is used by crime scene investigators to dehydrate
moistened evidence for secure transportation and minimize the possibility of contamination
of evidence. This evidence drying cabinet has a total purchase price of $5,980.49.
TOTAL EQUIPMENT $455,403.14
E. Supplies
City of Fayetteville
Evidence Drying Cabinet Filter 2 @ $500 plus tax $1,092.50
Evidence Drying Cabinet Filter-HEPA 1 @ $285 plus tax $ 311.36
The DrySafe Forensic Evidence Drying Cabinet requires two filters, #ACF300S and
#ACFHEPA. These filters clean the incoming "drying" air and clean the exhaust, protecting
employees from toxic chemicals and fumes. Filter #ACF300S typically last six to nine
month and costs $500 per filter resulting in the need to purchase two filters at a total tax
included cost of $1,092.50. Filter #ACFHEPA typically last eighteen months and costs
$367.33 tax included.
TOTAL SUPPLIES $1,403.86
F. Construction
None
G. Consultants/Contracts
None
H. Other
None
I. Indirect Costs
None
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs Washington, D.C. 20531
August 6, 2009
The Honorable Lioneld Jordan
City of Fayetteville
100-A West Rock Street
Fayetteville, AR 72701
Dear Mayor Jordan:
On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved
your application for funding under the FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local
Solicitation in the amount of $456,807 for City of Fayetteville.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact
- Program Questions, Gerardo Velazquez, Program Manager at (202) 353-8645; and
- Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
James H. Burch II
Acting Director
Enclosures
Department of Justice
Office of Justice Programs
Office for Civil Rights
Washington, D.C. 2053/
August 6, 2009
The Honorable Lioneld Jordan
City of Fayetteville
100-A West Rock Street
Fayetteville, AR 72701
Dear Mayor Jordan:
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding
compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of
is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Agai
Women (OV W), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statu
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of se
benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services
benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.O. § 2000d, recipi
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons wit
English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language servic
LEP individuals, please see the website at http://www.lep.gov.
Ensuring Equal Treatment for Faith -Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general,
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Ag
to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from
award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the relig
composition of its board of directors.
The regulation also prohibits faith -based organizations from using financial assistance from the Department of Justice to fund inhere
religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must be held sepa
from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equ
Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not perp
discriminate in the provision of services oh the basis of a beneficiary's religion. For more information on the regulation, please see 0
website at http://www.ojp.usdoj.gov/ocr/etfbo.htm.
State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of C
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination
basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religiou
Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith -
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering reli
when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment de
by grantees.
Enforcing Civil Rights Laws
All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the numb
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipien
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing
equitably to all segments of their service population and that their employment practices meet equal employment opportunity standa
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal gr
program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the developmen
Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see
C.F.R. §§ 42.205(5) or 31.202(5)).
1) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal g
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from
date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm.
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.
If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file a
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and retur
OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the am
the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form
retum it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against yo
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submi
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of t
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Finding
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard g
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (20
0690 or visit our website at http://www.ojp.usdoj.gov/ocr/.
Sincerely,
7,144"-/ a. --
Michael L. Alston
Director
,tiro,.: Department ofJustice
Office of Justice Programs
c
s �' '- Bureau of Justice Assistance
Grant
PAGE I OF 9
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
4. AWARD NUMBER: 2009 -SB -B9-2950
City of Fayetteville
100-A West Rock Street
Fayetteville, AR 72701
5. PROJECT PERIOD: FROM 03/01/2009 TO 02/28/2013
BUDGET PERIOD: FROM 03/01/2009 TO 02/28/2013
6. AWARD DATE 08/06/2009
7. ACTION
Initial
IA. GRANTEE IRSNENDOR NO.
716018462
8. SUPPLEMENT NUMBER
00
9. PREVIOUS AWARD AMOUNT S 0
3. PROJECT TITLE
2009 JAG Local Solicitation
10. AMOUNT OF THIS AWARD S 456,807
11. TOTAL AWARD S 456,807
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FY09 Recovery Act (BM -Byrne JAG) Pub. L. No. 111-5, 42 USC 3750-3758
15. METHOD OF PAYMENT
PAPRS
AGENCY APPROVAL
GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
James H. Burch II
Acting Director
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Lioneld Jordan
Mayor
17. SIGNATURE OF APPROVING OFFICIAL
19. SIGNA OF AUTHORIZED
RECIPIENT
OFFICIAL
I9A. DATE
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
9 B SB 80 00 00 456807
21. ISBUGT2S66
OW FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2009 -SB -B9-2950 AWARD DATE 08/06/2009
PAGE 2 OF 9
SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States,
Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and
any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP.
5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either I) submitted a false claim for grant funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by -
mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail: oig.hotline@usdoj.gov
hotline: (contact information in English and Spanish): (800) 869-4499
or hotline fax: (202) 616-9881
Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.
6. RECOVERY ACT — Conflict with Other Standard Terms and Conditions
The recipient understands and agrees that all other terms and conditions contained in this award, or in applicable OJP
grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included
here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA"
or "Recovery Act") requirements. Recipients are responsible for contacting their grant managers for any needed
clarifications.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 3 OF 9
PROJECT NUMBER 2009 -SB -B9-2950 AWARD DATE 08/06/2009
SPECIAL CONDITIONS
7. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National
Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these
grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any
of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is
determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA.
The grantee understands that this special condition applies to its following new activities whether or not they are being
specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a
subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special
condition must first be met. The activities covered by this special condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at [website], for programs relating to
methamphetamine laboratory operations.
Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request
from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment
of that funded program or activity
8. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
9. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by law and
detailed by the BJA in program guidance for the Justice Assistance Grant (JAG) Program. Compliance with these
requirements will be monitored by BJA.
10. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28
C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable.
Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as
per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 4 OF 9
PROJECT NUMBER 2009 -SB -39-2950 AWARD DATE 08/06/2009
SPECIAL CONDITIONS
11. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith -
based organizations may, in some circumstances, consider religion as a basis for employment. See
http://www.ojp.gov/about/ocriequal_fbo.htm.
12. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period. This is
to facilitate communication among local and state governmental entities regarding various information technology
projects being conducted with these grant funds. Tn addition, the recipient agrees to maintain an administrative file
documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to
http://www. it.oj p.gov/default.aspx?area=policyAndPractice&page=1046.
13. The recipient agrees that funds received under this award will not be used to supplant State or 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 law
enforcement activities.
14. RECOVERY ACT - JAG - Trust Fund
The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing
account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond
the scope of either the Edward Byrne Memorial Justice Assistance Grant Program (JAG) or Recovery JAG Program.
The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during
the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be
returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final
submission of the Financial Status Report (SF -269).
15. RECOVERY ACT — Access to Records; Interviews
The recipient understands and agrees that DOJ (including OJP and the Office of the Inspector General (OIG)), and its
representatives, and the Government Accountability Office (GAO), shall have access to and the right to examine all
records (including, but not limited to, books, papers, and documents) related to this Recovery.Act award, including
such records of any subrecipient, contractor, or subcontractor.
The recipient also understands and agrees that DOJ and the GAO are authorized to interview any officer or employed‘of
the recipient (or of any subrecipient, contractor, or subcontractor) regarding transactions related to this Recovery Act
award.
16. RECOVERY ACT — One-time funding
The recipient understands and agrees that awards under the Recovery Act will be one-time awards and accordingly that
its proposed project activities and deliverables are to be accomplished without additional DOJ funding.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2009 -SB -B9-2950 AWARD DATE 08/06/2009
PAGE 5 OF 9
SPECIAL CONDITIONS
17. RECOVERY ACT — Separate Tracking and Reporting of Recovery Act Funds and Outcomes
The recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific
outcomes and benefits attributable to Recovery Act funds) separately from all otheffunds, including DOJ award funds
from non -Recovery Act awards awarded for the same or similar purposes or programs. (Recovery Act funds may be
used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act
funds must be separate.)
Accordingly, the accounting systems of the recipient and all subrecipients must ensure that funds from this Recovery
Act award are not commingled with funds from any other source.
The recipient further agrees that all personnel (including subrecipient personnel) whose activities are to be charged to
the award will maintain timesheets to document hours worked for activities related to this award and non -award -
related activities.
18. RECOVERY ACT — Subawards — Monitoring
The recipient agrees to monitor subawards under this Recovery Act award in accordance with all applicable statutes,
regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions
of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of Recovery Act funds by subrecipients. The recipient agrees to
submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.
19. RECOVERY ACT — Subawards — DUNS and CCR for Reporting
The recipient agrees to work with its first-tier subrecipients (if any) to ensure that, no later than the due date of the
recipient's first quarterly report after a subaward is made, the subrecipient has a valid DUNS profile and has an active
registration with the Central Contractor Registration (CCR) database.
20. RECOVERY ACT - Quarterly Financial Reports
The recipient agrees to submit quarterly financial status reports to OJP. At present, these reports are to be submitted
on-line (at https://grants.ojp.usdoj.gov) using Standard Form SF 269A, not later than 45 days after the end of each
calendar quarter. The recipient understands that after October 15, 2009, OJP will discontinue its use of the SF 269A,
and will require award recipients to submit quarterly financial status reports within 30 days after the end of each
calendar quarter, using the government -wide Standard Form 425 Federal Financial Report from (available for viewing
at www.whitehouse.gov/omb/grants/standard_forms/ffr.pdf). Beginning with the report for the fourth calendar quarter
of 2009 (and continuing thereafter), the recipient agrees that it will submit quarterly financial status reports to OJP on-
line (at https://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form, not later than 30 days after the end
of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant period.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2009 -SB -B9-2950 AWARD DATE 08/06/2009
PAGE 6 OF 9
SPECIAL CONDITIONS
21. RECOVERY ACT — Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient
Responsibilities for Informing Subrecipients
(a) The recipient agrees to maintain records that identify adequately the source and application of Recovery Act
funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the
Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-profit Organizations" and OMB A-102 Common Rules
provisions (relating to Grants and Cooperative Agreements with State and Local Governments).
(b) The recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the
Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by OMB
Circular A-133. This condition only applies if the recipient is covered by the Single Audit Act Amendments of 1996
and OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." This shall be
accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA,
and as separate rows under Item 9 of Part III on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA-"
in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part I11 on the SF -
SAC.
(c) The recipient agrees to separately identify to each subrecipient the Federal award number, CFDA number, and
amount of Recovery Act funds, and to document this identification both at the time of subaward and at the time of
disbursement of funds. When a recipient awards Recovery Act funds for an existing program, the information
furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards
under the existing program.
(d) The recipient agrees to require its subrecipients to specifically identify Recovery Act funding on their SEFA
information, similar to the requirements for the recipient SEFA described above. This information is needed to allow
the recipient to properly monitor subrecipient expenditure of Recovery Act funds as well as facilitate oversight by the
Federal awarding agencies, the DOJ OIG, and the GAO.
22. RECOVERY ACT — Reporting and Registration Requirements under Section 1512 of the Recovery Act.
(a) This award requires the recipient to complete projects or activities which are funded under the Recovery Act and to
report on use of Recovery Act funds provided through this award. Information from these reports will be made
available to the public.
(b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the
assistance award funded in whole or in part by the Recovery Act.
(c) Recipients and their first-tier recipients must maintain current registrations in the Central Contractor Registration
(www.ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and
Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for
registration in the Central Contractor Registration.
(d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting
instructions and data elements that will be provided online at www.FederalReporting.gov and ensure that any
information that is pre -filled is corrected or updated as needed.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2009 -S8 -B9-2950 AWARD DATE 08/06/2009
PAGE 1 OF 9
SPECIAL CONDITIONS
23. RECOVERY ACT— Provisions of Section I512(c)
The recipient understands that section 1512(c) of the Recovery Act provides as follows:
Recipient Reports- Not later than 10 days after the end of each calendar quarter, each recipient that received recovery
funds from a Federal agency shall submit a report to that agency that contains --
(1) the total amount of recovery funds received from that agency;
(2) the amount of recovery funds received that were expended or obligated to projects or activities; and
(3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including --
(A) the name of the project or activity;
(B) a description of the project or activity;
(C) an evaluation of the completion status of the project or activity;
(D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and
(E) for infrastructure investments made by state and local governments, the purpose, total cost, and rationale of the
agency for funding the infrastructure investment with funds made available under this Act, and name of the person to
contact at the agency if there are concerns with the infrastructure investment.
(4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements
required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282),
allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of
Management and Budget.
24. RECOVERY ACT — Protecting State and Local Government and Contractor Whistleblowers (Recovery Act, section
1553)
The recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non -
Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste,
substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or
grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of
Recovery Act is available at www.ojp.usdoj.gov/recovery.
25. RECOVERY ACT — Limit on Funds (Recovery Act, section 1604)
The recipient agrees that none of the funds under this award may be used by any State or local govemment, or any
private entity, for construction costs or any other support of any casino or other gambling establishment, aquarium, zoo,
golf course, or swimming pool.
26. RECOVERY ACT — Infrastructure Investment (Recovery Act, sections 1511 and 1602)
The recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure
investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the
recipient decide to use funds for infrastructure investment subsequent to award, the recipient must submit appropriate
certifications under section 1511 of the Recovery Act and receive prior approval from OW. In seeking such approval,
the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award
funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections
1511 and 1602) is available at www.ojp.usdoj.gov/recovery.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
PROJECT NUMBER 2009 -SB -69-2950 AWARD DATE 08/06/2009
PAGE 8 OF 9
SPECIAL CONDITIONS
27. RECOVERY ACT — Buy American Notification (Recovery Act, section 1605)
The recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ("Buy
American"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction,
alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written
notification to the OJP program office, and a Grant Adjustment Notice is issued that modifies this special condition to
add government -wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) thatfurther
implement the specific requirements or exceptions of section 1605.
Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration,
maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in
the project are produced in the United States, subject to certain exceptions, including United States obligations under
international agreements.
For purposes of this special condition, the following definitions apply:
"Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United
States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and
local governments; and multi -State, regional, or interstate entities which have governmental functions). These
buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways,
tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers,
wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration,
maintenance, or repair of such buildings and works.
"Manufactured good" means a good brought to the construction site for incorporation into the building or work that has
been --
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the properties of the
individual raw materials.
"Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other
elements.
For purposes of OJP grants, projects involving construction, alteration, maintenance, or repair of jails, detention
facilities, prisons, public crime victims' shelters, police facilities, or other similar projects will likely trigger this
provision.
NOTE: The recipient is encouraged to contact the OJP program manager — in advance — with any questions concerning
this condition, including its applicability to particular circumstances.
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2009 -SB -B9-2950 AWARD DATE 08/06/2009
PAGE 9 OF 9
SPECIAL CONDITIONS
28. RECOVERY ACT – Wage Rate Requirements under Section 1606 of the Recovery Act
(a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government
pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character
similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued
regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5
instruct agencies concerning application of the standard Davis -Bacon contract clauses set forth in that section. The
standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made
under this award that are in excess of $2,000 for construction, alteration or repair (including painting and decorating).
(b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of
grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis -Bacon
requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor
retains final coverage authority under Reorganization Plan Number 14.
29. RECOVERY ACT – NEPA and Related Laws
The recipient understands that all OJP awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C.
section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable.
The recipient agrees to assist OJP in carrying out its responsibilities under NEPA and related laws, if the recipient plans
to use Recovery Act funds (directly or through subaward or contract) to undertake any activity that triggers these
requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The recipient also agrees to comply
with all Federal, State, and local environmental laws and regulations applicable to the development and implementation
of the activities to be funded under this award.
30. RECOVERY ACT – Misuse of award funds
The recipient understands and agrees that misuse of award funds may result in a range of penalties, including
suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided
under an award, and civil and/or criminal penalties.
31. RECOVERY ACT – Additional Requirements and Guidance
The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and
future OJP (including government -wide) guidance and clarifications of Recovery Act requirements.
32. RECOVERY ACT - JAG - Delinquent section 1513(c) reports
The recipient acknowledges that it has certified that it will comply with all reporting requirements under section
1512(c) of the Recovery Act. (An online reporting mechanism is anticipated to be available for award recipient use by
October 10, 2009.) Further to this certification, a failure to comply with the section 1512(c) reporting requirements
may, in addition to other penalties, subject the recipient to the following:
(1) After failure to report section 1512(c) data for two consecutive reporting periods, the recipient may be— (a)
precluded from drawing down funds under any OJP award, and/or (b) deemed ineligible for future discretionary OJP
awards, until such time as the recipient becomes current in its section 1512(c) reporting obligations; and
(2) After failure to report section 1512(c) data for three consecutive reporting periods, the recipient, upon written
demand of the Director of BJA, shall return to OJP any unexpended award funds (including any unexpended interest
earned on award funds) within 15 calendar days of the date of the demand notice. Thereafter, the recipient's award shall
be converted to a cost -reimbursable grant until such time as the recipient becomes current in its section 1512(c)
reporting obligations, and remains current for not less than two additional consecutive reporting periods. _ _
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Memorandum To: Official Grant File
From:
Subject:
Washington, D.C. 2053/
Maria A. Berry, NEPA Coordinator
Incorporates NEPA Compliance in Further Developmental Stages for City of
Fayetteville
The Recovery Act emphasizes the importance of compliance with the National Environmental Policy Act
(NEPA) in the use of public funds. The Recovery Act - Edward Byrne Memorial Justice Assistance
Grant Program (JAG) allows states and local governments to support a broad range of activities to
prevent and control crime and to improve the criminal justice system, some of which could have
environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and
other related federal environmental impact analyses requirements in the use of grant funds, whether the
funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating
funds for any of the specified activities, the grantee must first determine if any of the specified activities
will be funded by the grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive
area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered
species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change
in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example, in
office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an
Environmental Impact Statement, as directed by BJA. Further, for programs relating to
methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required.
For more information about Mitigation Plan requirements,
please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html.
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.
:i •.,,
t�4•- .'
• ,.. •
2
Department of Justice
Office ofJustice Programs
Bureau of Justice Assistance
GRANT MANAGER'S MEMORANDUM, PT. 1:
PROJECT SUMMARY
Grant
PROJECT NUMBER
2009-SB-89-2950
PAGE 1 OF I
This project is supported under FY09 Recovery Act (BJA-Byrne JAG) Pub. L. No. 111-5, 42 USC 3750-3758
1. STAFF CONTACT (Name & telephone number)
Gerardo Velazquez
•(202) 353-8645
2. PROJECT DIRECTOR (Name, address & telephone number)
Judy Cohea
Project Manager
100-A West Rock Street
Fayetteville, Alt 72701-6191
(479) 587-3581
3a. TITLE OF THE PROGRAM
BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation
3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
4. TITLE OF PROJECT
2009 JAG Local Solicitation
5. NAME & ADDRESS OF GRANTEE
City of Fayetteville
100-A West Rock Street
Fayetteville, AR 72701
6. NAME & ADRESS OF SUBGRANTEE
7. PROGRAM PERIOD
FROM: 03/012009 TO: 02/28/2013
8. BUDGET PERIOD
FROM: 03/01/2009 TO: 02/28/2013
9. AMOUNT OF AWARD
E 456,807
10. DATE OF AWARD
08/062009
I1. SECOND YEAR'S BUDGET
12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD
14. THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
This grant program is authorized by the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the "Recovery Act") and by 42 U.S.C. 3751(a).
stated purposes of the Recovery Act are: to preserve and create jobs and promote economic recovery; to assist those most impacted by the recession; to provide
investments needed to increase economic efficiency by spurring technological advances in science and health; to invest in transportation, environmental
and other infrastructure That will provide long-tens economic benefits; and to stabilize state and local government budgets, in order to minimize and avoid
reductions in essential services and counterproductive state and local tax increases. The Recovery Act places great emphasis on accountability and transparency
the use of taxpayer dollars.
The
protection,
in
OJP FORM 4000/2 (REV. 4-88)
Among other Things, it creates a new Recovery Accountability and Transparency Board and a new website — Recovery.gov — to provide information
to the public, including access 10 detailed information on grants and contracts made with Recovery Act funds.
The Justice Assistance Grant (JAG) Program funded under the Recovery Act is the primary provider of federal criminal justice funding to state and
local jurisdictions. Recovery JAG funds support all components of the criminal justice system, from multi -jurisdictional drug and gang task forces
to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. Recovery JAG
funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness
and efficiency of criminal justice systems, processes, and procedures.
The disparate jurisdictions Fayetteville City, Springdale City, and Washington County will use their Recovery Act JAG funds to support both
cities' police despartments, and the Washington County Sheriffs Department. The Fayetteville Police Department will purchase accident
reconstruction equipment, nine mountain bicycles, firing range equipment, seven rifles, 48 lasers, 48 taser cameras, one canine, and a variety of
law enforcement equipment and software. The city of Springdale will purchase six marked patrol vehicles. The Washington County Sheriffs
Department will purchase I marked patrol vehicle, one Breathe Alcohol Concentration (BAC) Machine, 32 lasers with cameras and one Criminal
Evidence Drying Cabinet. The projects will increase officer safety and assist allow officers to serve the general public more efficiently.
NCA/NCF
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:
2009 Recovery Act Justice Assistance Grant (JAG) Local
Solicitation
Project or Item Deleted/Reduced:
2009 Recovery Act Justice Assistance Grant (JAG) Local
Solicitation
Justification of this Increase:
Non-matching grant funds for the purchase of law
enforcement equipment.
Justification of this Decrease:
Recoginze grant revenue from the 2009 Recovery Act
JAG Local Solicitation award.
•
Account Name
Account Name
Ir3crease Budget
Account Number
Decrease Budget
Account Number
Amount
see attached
Amount
see attached
Project Number
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G. Tabor
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
Contract Review
City Council Meeting Date
Agenda Items Only
Patrol
Division
Action Required:
w 1 va--►- t
Police
Department
Accept contract from Policytechnologles International, Inc. for the purchase of software to manage creation and
disbursement of Fayetteville Police Department Policies and Proceedures. The cost of this software is $10,475 plus
use tax of $711.00 totaling $11,186.00
11.186.00
Cost of this request"
1010.2920-5416.00
1010-2920-5801.00
Account Number
09017-1
Project Number
456,807.00
$
Category / Project Budget
7,135.00
JAG Recovery Solicitation - 2009
Program Category! Project Name
Grant
Funds Used to Date Program / Project Category Name
449,672.00 General
Remaining Balance Fund Name
Budgeted hem X Budget Adjustment Attached
Depart m> FF5 nwtor Date
City Attorney
Finnce and Internal Services Director
yo
Date
16-16-9tmy
Date
(o- /(vi2
Date
4170?
Dat
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
187-09
Comments:
Revised January 15, 2009
FAYETTEVILLE
THE CM OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Contract Review Committee
From: Greg Tabor, Chief of Polio
Date: October 13, 2009
Re: Policy Management Software
Recommendation:
Staff seeks approval of order to purchase software from Policy Technologies, International.
Background and Discussion:
The Fayetteville Police Department currently manages its policies and procedures using outdated
methods. As the department moves forward to seek accreditation, it is recommended that policy
management be conducted electronically. Policy management software will allow the
department to more efficiently create, maintain and distribute policy documents to its personnel.
Budget Impact:
The software licenses, annual maintenance fee and implementation package will cost
$11,186.00. Quotes (see attached) obtained from other companies came in considerably higher
than that of Policy Technologies, International. Funding for this purchase was obtained through
a Justice Assistance Recovery Grant, which was formally accepted by City Council on August
18, 2009.
1
policytechnologies
INTERNATIONAL INC. /
www.policytech.com
Order to Purchase Software
and Acknowledgement of Software License & Services Agreement
Name of Licensee: Fayetteville Police Department
Address: 113 West Mountain Street, Fayetteville, AR 72701
City Contract Type: A
The City of Fayetteville, AR (acting in behalf of the Fayetteville Police Department) is purchasing 5 concurrent -user
licenses for the Policy & Procedure Manager ("PPM") software (owned by Policy Technologies International, Inc.
"PolicyTech"), together with specific support services. The City hereby agrees to the terms of this Order and the PolicyTech
Software License & Service Agreement ("SLA"). The pricing for this PPM license, annual maintenance fee, implementation
package and other charges is as follows:
Purchase Price 5 -Concurrent Perpetual User Licenser $5,400
Annual Maintenance Fee $1,080
Implementation Services $3,995
Total Purchase Price (in U.S. Dollars): $10,475
Notes — Purchase of PPM Licenses, Annual Maintenance/Support and Implementation Services:
1) Annual Maintenance Fee ("AMF" = 18% of **List License cost) is renewable annually in advance on the anniversary date of this
Order. The City must be current in paying AMF to be eligible for software upgrades and updates during the term of maintenance
and support. If the City is not current in AMF reinstatement fees may apply. Service Terms may be found at
http:/Aw .v policvlech.com/oroducts/oolicv-orecedure-software/resources.cfm .
"List License Fee for 5 -concurrent perpetual licenses is 96,000
The Annual Maintenance Fee covers the following
• One hour of technical support during installation and "go live' set up;
• Access to weekly online training classes;
• E-mail and phone support during PolicyTech business hours (8:00 a.m. to 5:00 p.m., Mountain Time).
• Administrative training: two hours of online training for document control administrators and key users.
• Two hours of online implementation planning consulting.
2) Implementation Services Include:
• Online Installation
• One day of Onsite Implementation
• Four hour of online training/consultation assistance
Payment Terms: The City promises to pay the Purchase Price "net 30 days" — i.e., within 30 calendar days of
the date the City signs this Order. If the City uses purchase orders, such authorization shall be attached to this
Order: Purchase Order #:
(Other payment instructions:
Licensor/PolicyTech Contact Information:
346 Grand Loop, Suite 200
P.O. Box 1029
Rexburg, ID 83440
Sales Support: Scott Dixon
Phone #: (208) 359-8123 ext. 710
Fax #: (208) 361.0203
Email address: sdixon(dipolicytech.com
Implementation Coordinator: Maria Poole
Phone #: (208)359-8123 ext. 560
Fax #: (208)275-8022
Email address: mpoole(alpolicytech.com
Service Support
Phone #: (208) 359-8123 option 2
Fax #: (208) 275-8022
Email address: support(alpolicytech.com
Hours of Operation: 8am to 5pm MT
Hours of Operation Sam to Spm MT
Hours of Operation: Sam to 5pm MT
1 PPM is "concurrent -user" licensed software. A five concurrent -user license allows only five simultaneously logged -on users to access the
software at the same time. Purchasers of PPM should buy the number of licenses that will adequately serve the estimated number of
concurrent users they will need.
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