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Home My WebLink About196-09 RESOLUTIONRESOLUTION NO. 196-09 A RESOLUTION ACCEPTING THE 2009-2010 JUSTICE ASSISTANCE GRANT FOR FEDERAL AND STATE FUNDING IN THE AMOUNTS OF $164,306.00 AND $32,861.00 RESPECTIVELY AS THE PRIMARY FUNDING FOR THE 4TH JUDICIAL DISTRICT DRUG TASK FORCE; AND APPROVING A BUDGET ADJUSTMENT TO RECOGNIZE 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 2009-2010 Justice Assistance Grant for federal and state funding in the amounts of $164,306.00 and $32,861.00 respectively, as the primary funding for the 4`h Judicial District Drug Task Force. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment to recognize the grant revenue. PASSED and APPROVED this 15th day of September, 2009. APPROVED: B ATTEST: Ne is;(t. a� •.'C\1 Y •0:.. �'s °: :V• :FAYETTEVILLE: 3 biz°�? • .17(5. P�.9RKANSJ`'•' ",Ilir nIl j%%% By: mato SONDRA E SMITH, City lerk/Treasurer Greg Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/15/2009 City Council Meeting Date Agenda Items Only Drug Enforcement Division Action Required: Police Department Acceptance of the 2009-2010 Justice Assitance Grant for federal and state funding in the amount of $164,306 and $32,861, respectively, for the primary funding source of the 4th Judicial Drug Task Force and the attached budget adjustment. 190,748.00 Cost of this request 2930-2960-*.* Account Number Project Number Budgeted Item X $ 473,280.00 304,333.96 Drug Enforcement Program Category / Project Name Drug Enforcement Funds Used to Date Program / Project Category Name 168,946.04 Drug Enforcement Remaining Balance Fund Name Budget Adjustment Attached X Department City Attorney Finance and Internal Services Director Previous Ordinance or Resolution # Date 9-I-2009 Date Original Contract Date: Original Contract Number: Comments: Revised January 15, 2009 rtye tug ARKANSAS 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 Members of the City Council From: Greg Tabor, Police Chief Date: August 21, 2009 Re: Grant Acceptance for 4`h Judicial Drug Task Force Background Since 1991, the 4th Judicial Drug Task Force (JDTF) has been receiving grant funding from the Justice Assistance Grant (JAG) Program. Through this grant, federal and state funds are made available for the implementation and continuation of drug enforcement operations across our State. Other than local matching funds, this grant is the 4th JDTF's primary funding source. The 4th JDTF is made up of officers from Fayetteville, Springdale, Washington County, and rural agencies. Discussion The 4th JDTF's total projected budget for the 2009-2010 JAG grant period is $505,885. The State Office of Intergovernmental Services has approved grant funding in the following amounts: federal - $164,306, state - $32,861, and local match - $24,467. The JAG grant defines required local matching funds based on a percentage split of 75/15/10 in awarded federal and state funds plus local funds. To receive the federal and state portion of the Justice Assistance Grant, the 4th JDTF must commit to a match of at least $24,467.00. However, Fayetteville provides additional funds in the amount of $166,324.00 to maintain the same level of effectiveness for the Drug Enforcement program. The other member agencies also contribute additional funds totaling $117,927. The 2009-2010 fiscal year grant award is equal to the grant awarded for 2008-2009. As in previous years, no salary/benefit increases from federal and/or state funds are allowed in this grant award resulting in greater local matching funds being required. As shown below, Fayetteville's local match requirements will be 61.6% of our projected budget, but still an excellent value for our money. Below, please see a tabular distribution of the 4th JDTF's projected budget and sources of funds. 2009-2010 4th JDTF Grant Request Percent Distribution by Total Request Fayetteville Springdale Prairie Grove Washington County Total 99,173 24,432 17,760 22,941 32.0% 31.8% 31.5% 36.6% 19,846 4,882 3,549 4,584 6.4% 6.4% 6.3% 7.3% 190,791 47,560 35,151 35,216 61.6% 61.8% 62.2% 56.1% 309,810 76,874 56,460 62,741 164,306 32,861 308,718 505,885 Attached, please find the grant documents and requested budget adjustment. We would like to direct your attention to the problem statement and historical narrative for a more detailed description of the 4th Judicial Drug Task Force activities and purpose. Furthermore, due to the overlap of the grant period to our fiscal budget year, the attached budget adjustment in the amount of $45,500.00 recognizes federal and state forfeiture revenue and reclassifies budgeted items This is necessary to increase the operating budget for items paid with proceeds from forfeitures which is classified as program income. The program income expense supports funding for covert drug purchases and rural officer local matching requirements. Recommendation Staff recommends acceptance of the 2009-2010 Justice Assistance Grant for federal and state funding in the amount of $164,306 and $32,818, respectively, for the primary funding source of the 4th Judicial Drug Task and the attached budget adjustment. If you should have any comments or questions regarding this grant acceptance, please contact me at extension 500 or Judy Cohea at extension 581. Federal State Local Total Agency $ % $ % $ % $ Fayetteville Springdale Prairie Grove Washington County Total 99,173 24,432 17,760 22,941 32.0% 31.8% 31.5% 36.6% 19,846 4,882 3,549 4,584 6.4% 6.4% 6.3% 7.3% 190,791 47,560 35,151 35,216 61.6% 61.8% 62.2% 56.1% 309,810 76,874 56,460 62,741 164,306 32,861 308,718 505,885 Attached, please find the grant documents and requested budget adjustment. We would like to direct your attention to the problem statement and historical narrative for a more detailed description of the 4th Judicial Drug Task Force activities and purpose. Furthermore, due to the overlap of the grant period to our fiscal budget year, the attached budget adjustment in the amount of $45,500.00 recognizes federal and state forfeiture revenue and reclassifies budgeted items This is necessary to increase the operating budget for items paid with proceeds from forfeitures which is classified as program income. The program income expense supports funding for covert drug purchases and rural officer local matching requirements. Recommendation Staff recommends acceptance of the 2009-2010 Justice Assistance Grant for federal and state funding in the amount of $164,306 and $32,818, respectively, for the primary funding source of the 4th Judicial Drug Task and the attached budget adjustment. If you should have any comments or questions regarding this grant acceptance, please contact me at extension 500 or Judy Cohea at extension 581. RESOLUTION NO. A RESOLUTION ACCEPTING THE 2009-2010 JUSTICE ASSISTANCE GRANT FOR FEDERAL AND STATE FUNDING IN THE AMOUNTS OF $164,306.00 AND $32,861.00 RESPECTIVELY AS THE PRIMARY FUNDING FOR THE 4TH JUDICIAL DISTRICT DRUG TASK FORCE; AND APPROVING A BUDGET ADJUSTMENT TO RECOGNIZE 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 2009-2010 Justice Assistance Grant for federal and state funding in the amounts of $164,306.00 and $32,861.00 respectively, as the primary funding for the 4th Judicial District Drug Task Force. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment to recognize the grant revenue. PASSED and APPROVED this 15th day of September, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E SMITH, City Clerk/Treasurer STATE OFARKANSAS OFFICE OF INTERGOVERNMENTAL SERVICESES th Suite 4 Department of Finance 1515 West SevPostOffice8 Bo 031 and Administration LittleRoPh Phone: (50; 68821074 Fax: (501) 6825206 httpi/w,wv.state.ar. us/dfa August 21, 2009 Lioneld Jordan Mayor City of Fayetteville 100 A West Rock Street Fayetteville, AR 72701 RE: 2009 American Recovery and Reinvestment Act (ARRA), Edward Byrne Memorial Justice Assistance Grant (JAG) Program Dear Mr. Lioneld Jordan: This letter is to inform you on behalf of the Arkansas Department of Finance and Administration, Office of Intergovernmental Services, Edward Byrne Memorial Justice Assistance Grant (JAG) Program that your application for funding under the American Recovery and Reinvestment Act (ARRA) has been approved. The subaward amount is $164,306.00 in federal funding, $32,861.25 in state funding and $24,467.00 in local funding. Local matching contributions that exceed the required match (over match) will not be incorporated into the subaward. Your subgrant has been assigned an identifying number of ARRA JAG JR 09-014 and is authorized to run from July 1, 2009 to June 30, 2010. Before any funds may be committed to the project, your agency must agree to comply with all administrative and financial responsibilities, including the timely submission of all financial and programmatic reports, and the resolution of all interim audit findings. Should your agency not adhere to these requirements, you will be in violation of the terms of this subgrant and the award will be subject to termination for cause or other administrative action as appropriate. The Standard Core Subgrant, ARRA Special Conditions and other necessary documents are enclosed for signatures. Be sure to review all documents carefully to ensure that your organization is prepared to adhere to all requirements. Please retum the signed award documents along with the final Detailed Budget (signed by the Authorized Official, and Fiscal Officer in BLUE ink). Also attached is a Property Inventory Form. It is imperative that equipment purchased with subgrant funds be tagged and recorded in your agency's inventory. Please keep in mind that ARRA JAG funded equipment purchases must be kept separate from equipment purchased with State Special Asset Forfeiture Funds and tagged accordingly. Once all required documentation has been received, a copy of your ARRA Reimbursement Invoice Form, which must be used to request reimbursement for budgeted costs incurred by your organization, will be sent to you. Should you agree to accept the Award and Special Conditions, all executed documents must be retumed to the Department of Finance and Administration, Office of Intergovernmental Services (IGS) 1515 West 7v' Street, Suite 330, P.O. Box 8031, Little Rock, Arkansas 72203-8031. Obligations and expenditures may be incurred on or after the first day of the official award period if the award has been accepted, executed, and received by IGS. Should you have any questions pertaining to this Award, please feel free to contact Harold Clayton, Grants Coordinator at (501) 682-1074 or harold.clavton a{�dfa.arkansas.gov. Sincerely, Harold Clayton, Grants Coordinator Intergovernmental Services Cc: Ann Purvis, Administrator Doris Smith, Assistant Administrator Program File Enclosures APPLICATION FOR Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier 1. TYPE OF SUBMISSION: Application Pre -application 3. DATE RECEIVED BY STATE State Application Identifier CI Construction 6 Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier E7 Non -Construction 1 Non -Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit. City of Fayetteville, Arkansas Department. Fayetteville Police Department Organizational DUNS: 07-565-7742 Division: Fourth Judicial District Drug Task Force Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) 100-a W. Rock St. Prefix: First Name: Judy City: Fayetteville Middle Name County: Washington Last Name Cohea State:AR Zip Code 72701 Suffix: country. United States Email: jcoheana ci.fayetteville.ar.us 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) LZ 1 —a [Q fl !N E4 622 479-587-3581 479-587-3570 8, TYPE OF APPLICATION: ISI New If Revision, enter appropriate letter(s) (See back of form for description in Continuation in box(es) of letters.) f Revision ❑ 7. TYPE OF APPLICANT: C - Municipality Other (specify) (See back of form for Application Types) Other (specify) 9. NAME OF United FEDERAL AGENCY: States Department of Justice 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER. 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 1 s —fri 3 8 TITLE (Name of Program): Fourth Judicial District Drug Task Force 12. AREAS Washington AFFECTED BY PROJECT and Madison (Cities, Counties, Counties States, etc.): 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: 07/01/2009 Ending Date: 06/30/2010 a. Applicant 3rd b. Project 3rd 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $w 164,306 a. Yes. IN THIS PREAPPLICATIONIAPPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ a' PROCESS FOR REVIEW ON c. State $ 32,861 in DATE: d. Local $ 308.675 w b. No. j ii PROGRAM IS NOT COVERED BY E. O. 12372 e. Other $ ov o OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income $ .00 17.1S THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ao 505,842 DYes If "Yes' attach an explanation. IR No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED a. Authorized Reoresentative Prefix Mr. First Name Lioneld Middle Name Last Name Jordan Suffix b. Title Mayor r c. Telephone Number (give area code) 479-575-8330 ///i d. Signature of Authorized Representative Y' RFUTR7:pt lie Signed (1.../k. e 9 Previous Edition Usable Authorized for Local Reoroduction Standard Form 424 (Rev.9-2003) Prescribed by OMB Circular A-102 * * * * * TTr.rac g PROJECT TITLE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2109 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WIDOW O: 2006 APPSXAl10N BUDGET CM CIFaymevige Rh Judicial District DM Task Force Budgetlbm FEDERAL FUNDS STATE MATCH LOCAL MATCH PROJECT TOTAL Nandln Explan.Oan ct Budget Wm A. SALARY LW for 1Whp include hours the eatery We, brief da.Nlgbn of Me .1 positions which n sough Emmons dulls b M performed by each position Cram funds endor grant matching Department of Justice requisitions mnmmOl Confidental Fwd.. used funds may rot be used rcAW nubs worked per for CONFIDENTIAL FUNDS, unless 11. rink as well .s s pe Authorized OISaI Mee IMI the DTF wi camps We IM PosIHen 1 Serpent 52379200 14,750 CO 50.00 525 551 00 Inrdaet end emd Wore of drug laws pQFmsn 2lnvp.tgdw $18213.03 53 339 00 52040400 54045500 Inrdp.t and awed violators of dog laws Position Inv..lq.tor Overtime 51821.00 $334.00 5408300 5806800 ln..gst and mewl *Mora of dog Wer position 3 lnv.dlwtor 519909.00 5392800 50.00 523 887.03 Imadgat and awed violator, of dog laws Position Investigator Overtime 11991.00 $398.00 5000 5238900 lnuwdi.al end wrest Nnemro of d .pews TOTAL SALARY 584081.00 512803.00 52440200 598,982.00 B. MANDATED DENEFRS Mandated Beefs include FICA, Worker's Unemployment Nies are d.lemiied bi Ye r.epd . p.rci.., Compensation and Slate Unemployment FICA is calculated 1 285% of total salary, WOAer. Comminution end State FICA A7.65%X owl.alery 192900 1100.00 50.00 51115 co Worker. Compn.lan for all ibpens OS 3S0 SL 12 030 03 5408.00 50.00 52 438 00 State Unemployrpn Q 38 %W 10000 X number of poisons in ease of 110000. 50.00 5000 SO 00 50.00 TOTAL MANDATED BENEFITS 5295900 $592.00 50.00 53,55100 C. EMPLOYERBENEFRS IrcMe all other benefits naitallamthasal. offered to empby.a through pinup policies he by led *Aylward 0.,: Met lnsuranN, ntinm.nt. do J. Mumma matt dlp9Yy la Smpbwsgeo HenPh lnwnnce13 position. @ 210.51monm $388300 523300 3000 5441000 Health Insurance 5000 50.00 50.00 mm Haenh lndmnce 50.00 50.00 5000 30.00 Keogh Insurance 50.00 5000 50 CO 5000 Heats Insurance 5000 5000 5000 5000 R.Onmem (6 1172% 18151.00 5182800 $000 1922900 TOTAL EMPLOYER BENEFITS 311,83400 $2.361.00 50.00 514.195 00 0. MAINTENANCEAND OPERATIONS: We gems essential b the •Iedm impl.m.titan d and teem?.d within this pmpul (L.. staff travel, telephone. office motet, Woe supplies, ser lease tee, C.Il Phones Springdale (217125100.00rmonlh 411b.00 522503 50.00 5134800 C.fl Phone FapneNlle (3) R 80.82/month 5102200 520400 5003 5122000 C.X Phones PNld. Gnus (1) 60.07/ont 5341.03 $88.03 SO CO 540900 Odds pone weorq distance 5241.00 584.00 5000 532500 Alarm S.Mc. 74.33/Month 541]00 583.00 50.00 551000 Coyer 2725/mnt 300.00 n.11eneno. 5293.00 45900 5000 5352.00 Pagers 235.00/month 11320.00 526400 5003 51584.00 Vehicle Maintenance 5320000 583900 1000 3383900 Fugl 59290.00 51 910 00 5000 511 700.00 Offlc. Supped. 423400 $4200 50.00 5281.00 P.non.l L4dNy1r11unnc. 5384.00 522.00 4000 $48100 Vehicle lnumnc. $5C 00 510100 50.03 $60200 Evidence Collection Swdle. 523400 $4200 50.00 5281.00 Posted. 542.00 59.00 1000 558.00 TOTAL MAINTENANCE AND OPERATIONS $19.152.00 $3,812.00 50.00 522009.00 ICS/JAG 2009 C00000APPLICATION DEADLINE: MAY 22, 2009 AT 430 P.M. Applications received alter IM 0:30 dodllm will nal be wrWerad. * 1* * * .L FE::iliv::i APPLICANT.'. .. PROJECT TITLE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM ATTACHMEM D: SOop APPIJCAOOIBUDGET CN of Fayetteville Oh Judicial District DOJO Teak Force Eget Item FEDERAL FUNDS STATE MATCH LOCAL MATCH PROJECT TOTAL Narrative Explanation a(Budge Wm A. SALARY. List MI for IWip'e v.dWe 01 bun worked week. the salary as me as blef description et tb .. positions which sou" duties to b performed Ey each position. Grant funds Deportment of Juns requisitions concerning Confidential mom erWWUr grant notching Furde. used noels umbar kids hey rot be used for CONFIDENTIAL per FINDS, unless Ib nits. • Authorized Official reau that the DTF MA comply with Position 1 Sergeant $23191.00 $475400 30.03 428.551.00 Inadget ens ems Wblen of drug laws Position 2 lmestlwta 416 113.00 4333900 44403 L0 54045600 Inaogel end emu *Ston of veru Imo Position Investigator Overtime 51.67103 533400 $4 063 00 le 088 'noebat and arrest violators of dM laws Position 4 lnvesnpata 41990900 4397at0 $0.00 52388700 Imacgel end net violators of drug laws Position Investigator Overtime 51.991.00 139800 30.00 52,38900 Inst .at and amt violators ofd • bre TOTAL SALARY $040x1.00 312,803 DO 52440100 598,96300 B. MANDATED BENEFITS Modeled Benefits include FICA, Worker's Compensation eM Slate UMmpoyment rates m atenmu.d by the n.peave gent:.. Unemployment. FICA b oictuted 1) 7.65% Of total salary. WOM.le Compensation as Slam FICA FP i 65%Xtotal NON 4929.00 4188.00 50.M 57115.03 WoMnCemwnnbn for MI Posen* ID 336 % 52030.03 540e 00 4003 524.5 u0 Stab Unemployment Q 3.6 %a 10,000X nwnbrof positions M .asset 510000. 50.00 5000 50.00 5003 TOTAL MANDATED BENEFITS 4295900 359200 50.03 fJ,551M C. EMPLOYER BENEFITS include eL other benefits offered to .mpbNe wongb group pelicb held by IN applicant (1 e: health Insurance, retirement. etc.). Emmet, maps flimsily 10 =Alone .- 021 an elbwebP cost Heslln insurance/3 positions 4111 21853/mont 5368300 573300 5000 5441.00 Hearth insurance 50.00 SO 00 5003 10.03 Hes% IMunMe 30.00 $000 50.03 5000 wenn insursnos 10.00 30.00 50.00 $0.03 Health Insurance $0.00 50.00 40.03 5000 R.tiremem 6012]2% 5615103 51028.00 5600 5971900 TOTAL EMPLOYER BENEFITS 511834m 32.351m SOLI 114,195.00 D. MAINTENANCEAND OPERATIONS: Inc4da nems ewmiel le los e6Mlve lmplam.Nalnn of activities betd.d mein lob proposal (M staff travel. telephone, office rental, office supplies, car lees std. Cell Phones Spdndeb (2) 0510000/rmmt 5112300 5225.00 5000 11348.00 Call Phone FarneMM (31 R 6061/mor,h 31 022 03 520.00 5000 51 226 00 Cell Phones Poie Gros (1160 olhmrth 534100 168.00 50.00 $40900 Mire Phone were dbsna 5241 00 fNm 40.00 5325.03 Alen Service 14.331ror $417.00 $83.00 SO 00 55M.M Copier 2135lrmmh, 30300 nwimennce 129303 559 M $0.03 4352.00 Pages 235.00Jnmonth 51 320.00 5264 ID 40.00 41 584 00 Vehicle M.lntenanc. 13203.00 $63900 4000 4303903 Fuel 59790. 4191000 50.03 511 700.00 Mice Supplies 523400 $47.00 5000 5281.00 Pnon& Liability Moreno' 3360 00 577 00 50.00 1461.00 Vehicle Insurance • $506.00 110100 SO 00 560700 Evidence Collection Supplies 523403 44100 50.00 5281.00 Po..y. $47.03 59OD $0.00 45600 TOTAL MAINTENANCE AND OPERATIONS 310,152.00 53.817.00 50.00 122.069.00 IOSJJAG 2009 C00000APPLICATION DEADLINE'. MAY 22, 2009 AT 4:30 P.M Applicatbo received alar the 430 deadline Mil net be considered. * * * * 'A' ru.:,LS::f AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM ATTACNMENI O: 21Ma APPLICATION BIIO('.ET E. EOUWYE Wiu to Le PZUtaeM Non -expandable equipment Is tanmba pngarty hntng. uxAl I. of nen than two years mod an stouts/don cot rt 1500.00 or 532,861.25 non Mr heal Item Nemo 4000 Item Name 4000 Item Name 4000 Item Name 4000 TOTALEOUIPMENT COST 1000 5000 10.00 10,00 needed N encu eu osee of the pope. For oath consultant enter Me name. service to be provided and hourly fa* . o1Ae PananlWstivy Category, Md W that they re Caning SeMw. F. PROFESSIOMOCONTRACTBERVICES. Include y aneeWol serves Estlmab Lime world on Ua project 'Contract Seniors M used for PERSOHIIEL SpIMdak Peke 0.pNnM 124432.03 14882.00 50.03 52931403 wahapton Co. Sheriffs 0.pNom 52294100 14554.03 50.00 527525.00 Praire Grow folio Department 517 760 00 5354909 5000 121 309.00 TOTAL PROFESSIONAVCONTRACT SERVICES 165,13300 41001500 50.00 578,141.00 0. TRAVELJTRAININO: Itemize trawl expenses o promo personnel by purpose. Training for pemnol (IN $ ATE ONLY). OUT OF STATE TIAVELJTRAINWO MUST OE APPROVED DT IGS/COMMITTEE. Synthetic Enfomment Tninhq SI 147.00 127325 50.00 11 420 25 Ilam Name $0 00 Item Name S0.00 Item Name 40 CO TOTAL TRAVEL!TRAIMNG 51147.00 1273.25 50.03 St 420.25 H. TOTAL PROJECT BUDGET 5154,300.00 532,861.25 124,467.00 1219,245.25 ARRA 2009 Budget (Federal I State I Loca ): ARRA FEDERAL AMOUNT IOr 2009 5164,308.00 ARRA L • • L MATCH AMOUNT for 2009 524,407.00 c Author's Rs GM �. ..... %TR °ry.. •• � s • 13 �e�/ Za3: ETf• EVILLE;�• �'= IGSUAO 2009 •.-,. Jam%: O 9-1.2"1" GOODC0APPLICATION DEADLINE: MAY 22. 2009 AT 130 P.M. AppllnWne recall/NI after the 030 deadline will not be considered. 9—hs-o9 Date ARKANSAS RECOVERY AND REINVESTMENT ACT COMPLIANCE AND MONITORING REPORT L DATE SUBMITTED: 07/09/2009 2. ARRA CFDA PROGRAM NAME & NUMBER: Edward Byrne Memorial Justice Assistance Grant (JAG) Program 3. ARRA STATE AGENCY CONTROL NUMBER (Ie. AASIS Project Definition) 4. ARRA CLEARINGHOUSE NO. (clearinghouse use only): ARRA 090413-132 5. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 6. STATEWIDE PROGRAM 2009-2010 4 i JUDICIAL DISTRICT DRUG TASK FORCE GRANT YES 0 NO 8. RECIPIENT CONGRESSIONAL DISTRICT: ONE 0 TWO ❑ THREE /4 FOUR ❑ 7. RECIPIENT DUNS: 075657742 9. AFFECTED COUNTY(IES): WASHNIGTON AND MADISON 10. RECIPIENT NAME: 11. ORGANIZATIONAL UNIT FAYETTEVILLE, CITY OF A. DEPARTMENT: POLICE B. DIVISION: 4TH JUDICIAL DISTRICT DRUG TASK FORCE 12. ADDRESS 13. NAME AND TELEPHONE NUMBER OF PERSON TO BE STREET: CONTACTED ON MATTERS INVOLVING THE PROJECT: (GIVE AREA CODE) 100-A W ROCK ST PREFIX: FIRST NAME: JUDY CITY: FAYETTEVILLE MIDDLE NAME: COUNTY: WASHINGTON LAST NAME: COHEA STATE: AR ZIP CODE: 72701 SUFFIX: COUNTRY: UNITED STATES OF AMERICA E-MAIL: 1COHEA@CLFAYETTEVILLE.AR.US 14. EMPLOYER IDENTIFICATION NUMBER 71 - 6018462 (EIN): PHONE NUMBER (GIVE AREA CODE) 479-587-3581 FAX NUMBER (GIVE AREA CODE) 479-587-3570 15. TYPE OF APPLICATION: 16. TYPE OF APPLICANT: /4 NEW ❑CONTINUATION ❑REVISION MUNICIPALITY 17. FUNDING: 18. NAME OF FEDERAL AGENCY: SOURCE AMOUNT A. FEDERAL $ 164,306.00 19. TYPE OF GRANT: B. STATE $ 32,861.00 ❑ BLOCK ❑FORMULA C. LOCAL $ 24,467.00 D. OTHER (SPEaFP) $ 0 COMPETITIVE ❑ DISCRETIONARY .00 E. PROGRAM INCOME $ .00 20. PROJECT EXPENDITURE AMOUNT: F. TOTAL FUNDING $ 221,634.00 $ 221,634.00 21. CONSTRUCTION PROJECT ADDRESS STREET: CITY: COUNTY: STATE: ZIP CODE: 22. PROJECT SUMMARY: (ATTACH THE CITY OF FAYETTEVILLE, ARKANSAS AND IS THEREFORE THE APPLICANT OF ENFORCEMENT EFFORTS IN WASHINGTON TRAFFICKING ORGANIZATIONS (DTO) ADDITIONAL PAGES AS NEEDED) ACTS AS THE PRIMARY FIDUCIARY FOR THE 4TH JUDICIAL DISTRICT DRUG TASK FORCE (4TH DTF) THIS GRANT PROPOSAL. THE 4TH DTF IS A MULTI -JURISDICTIONAL AGENCY FOCUSING ON DRUG AND MADISON COUNTIES. WASHINGTON COUNTY IS A PRIMARY DESTINATION OF MEXICAN DRUG AND A DISTRIBUTION CENTER OF MARUUANA, METHAMPHETAMINE, COCAINE, AND ILLEGAL ALIENS FOR REVISED 03/26//09 ARKANSAS RECOVERY AND REINVESTMENT ACT COMPLIANCE AND MONITORING REPORT THE ENTIRE MIDWESTERN UNITED STATES. MADISON COUNTY LAW ENFORCEMENT ENCOUNTERS METHAMPHETAMINE LABS THROUGHOUT THE COUNTY. THE 4TH DTF OFFICERS ARE CERTIFIED TO ENTER, SECURE AND TAKE EVIDENCE FROM METHAMPHETAMINE LABS AND WILL ASSIST LAW ENFORCEMENT IN BOTH MADISON AND WASHINGTON COUNTIES AS NEEDED. REVISED 03/26//09 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM SPECIAL CONDITIONS — JAG SUBGRANT ORGANIZATION: City of Fayetteville PROJECT TITAL: 4t° Judicial District Drug Task Force SUBGRANT NUMBER- ARRA JAG JR 09-014 1. RECOVERY ACT — Conflict with Other Standard Terms and Conditions Thd'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 clarification. RECOVERY ACT — JAG Trust Fund Th 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 (SG -269). 3. n44 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 t mployee of the recipient (or of any subrecipient, contractor, or subcontractor) regarding transactions related to this Recovery Act award. 4. RECOVERY ACT — One-time funding e recipient understands and agrees that awards under the Recovery Act will be one-time awards and 'accordingly that it's proposed project activities and deliverables are to be accomplished without additional DOJ funding./ 5. RECOVERY ACT—Separate Tracking and Reporting of Recovery Act Funds and Outcomes The recipient a ees 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 other funds, 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 or 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. 1 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM SPECIAL CONDITIONS — JAG 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 ward and non -award -related activities. 6 RECOVERY ACT — Subawards — Monitoring T 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 subrecipients 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 subwards under this award. i 7. pg AI RECOVERY ACT — Subawards — DUNS and CCR for Reporting recipient agrees to work with its first -ties 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. ECOVERY ACT — Recovery Act Transactions Listed in Schedule of Expenditure of eral Awards and Recipient Responsibilities for Informing Subrecipients. (a) The recipient agrees to maintain records that identify adequately the source and application of Rdcovery Act funds, to maximize the transparency and accountability of the 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 Agr-ements with State and Local Governments). (b) The recipient agrees to separately identify to each subrecipient the Federal award number, DA 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 the existing program, the information furnished to subrecipients shall distinguish the subawards of increjnental Recovery Act funds from regular subawards under the existing program. (c) The recipient agrees to require its subrecipients to specifically identify Recovery.Act funding on thfif 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. RECOVERY ACT — Reporting and Registration Requirements under Section 1512 of the Recovery Act. a) This award requires that recipient to complete projects or activities which are funded under the R€covery Act and to report on use of Recovery Act funds provided through this award. Information from the s4p 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 ipient received 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 C•"tractor Registration (www.ccr.aov) at all times during which they have active federal awards funded 2 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM SPECIAL CONDITIONS — JAG 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 ing the reporting instructions and data elements that will be provided online at www.FederalReportinq.gov and ensure that any information that is pre -filled is corrected or updated as needed. 10./ RECOVERY ACT - Provisions of Section 1512 (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 lobs retained by the project or activity; and e. For infrastructure investments made by the 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 that 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. 11. ZRECOVERY ACT - Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct 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 1) submitted a false claim for Recovery Act 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 Recovery Act 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: oiq.hotline(a�usdoi.00v 3 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM SPECIAL CONDITIONS - JAG 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.usdoi.gov/orq 12(/ RECOVERY ACT — Protecting State and Local Government and Contractor Whistleblowers (Recovery vA 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. o ip. u sd o i. g o v/re co ve rv. 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 government, 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. RECOVERY ACT — Infrastructure Investment (Recovery Act, section 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 OJP. 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.oip.usdojAov/recovery. 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) that further 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, alternation, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured foods used in the project are produced in the United States, subject to certain exceptions, including United States obligations under international agreements. For purpose 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 4 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM SPECIAL CONDITIONS — JAG 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 food" 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 purpose of OJP grants, projects involving construction, alterations, 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. 16. 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 be 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. 17. GX 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 5 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM SPECIAL CONDITIONS - JAG and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. 18. ,'C a'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. 19 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. 20. 'RECOVERY ACT - JAG - Delinquent section 1512 (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/pr (b) dement 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. AUTHORIZED OSIGNATURE Lioneld Jordan, Mayor /\ •G\'(YOp.G,p • cA_ eV• ;fit E • FAYETTEVILLE: •PM c, h, t 9: N %%SP Jia: ToN c% FICIAL'S P „n..iiiI..� 9 -/g -o9 DATE AUTHORIZED OFFICIAL'S NAME AND TITLE 6 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM STANDARD CORE SUBGRANT JAG — CFDA # 16.803 SUBRGRANT ORGANIZATION: City of Fayetteville SUBGRANT NUMBER: JR 09-014 SUBGRANT PERIOD: 07-01-09 to 06-30-2010 SUBGRANT AMOUNT: 164,306.00 FEDERAL I.D. #: 71-6018462 This Subgrant Agreement is entered into as of 7-1-2009, between the Arkansas Department of Finance and Administration, Office of Intergovernmental Services, hereinafter referred to as the State Administering Agency (SAA), and City of Fayetteville Drug Task Force, hereinafter referred to as the Subgrant Organization. WHEREAS, DF&A/IGS receives federal funds formula grant funds from the United States Department of Justice, Bureau of Justice Assistance, to provide direct services to State and Local Government programs to prevent and control crime and to improve the criminal justice system. WHEREAS, the Subgrant Organization desires to 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. NOW, THEREFORE, in consideration of the mutual premises and covenants contained herein, the Department of Finance and Administration, Office of Intergovernmental Services and the Subgrant Organization agree as follows: ARTICLE I: Duties of the Subgrant Organization 1.1 Services: a) The Subgrant Organization shall provide the services identified in this subgrant. Page I 1 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM b) The Subgrant Organization shall comply with all applicable, valid and enforceable federal, state and local statutory and regulatory requirements governing the provision of services to crime victims. 1.2 Quality Assurance and Quality Improvement: a) The Subgrant Organization shall comply with any coordination required or documentation reasonably requested by DF&A/IGS in order for DF&A/IGS to conduct periodic external review activities to assure that quality services are achieved and maintained by the Subgrant Organization in the performance of services under this subgrant. b) The Subgrant Organization shall be responsible for meeting the applicable outcomes and performance specifications set forth in this subgrant. 1.3 Civil Rights Requirements: a) The Subgrant Organization shall not discriminate against any employee in the performance of this subgrant, or against any applicant for employment, because of race, creed, color, disability, national origin, sex, religion or marital status. The Subgrant Organization further assures that all contractors, subcontractors, or others with whom it arranges to provide services or benefits to victims or employees in connection with any of its programs and activities are not discriminating against those victims or employees because of race, creed, color, disability, national origin, sex, religion or marital status. b) The Subgrant Organization shall also provide a harassment free workplace and give any allegation of harassment priority attention and action by management. 1.4 Confidentiality: a) The Subgrant Organization shall not use or disclose any information concerning a recipient of services under this subgrant for any purpose prohibited by federal, state of local law or regulations, except with the written, informed, and reasonably time-limited consent of a person legally authorized to give that consent or when authorized by law. i. Disclosure includes "personally identifying information" such as: a first and last Page I2 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM name; a home or other physical address; contact information (including a postal, e-mail or internet protocol address, or telephone or facsimile number; a social security number, and any other information, including date of birth, racial or ethnic background, or religious affiliation, that in combination with any of the aforementioned information would serve to identify any individual. ii. If release of information is compelled by statutory or court mandate, subgrant organization must make reasonable attempts to notify victim and take steps to protect privacy and safety. 1.5 Governing Law: a) This subgrant is executed and entered into in the State of Arkansas, and shall be construed, performed and enforced in all respects in accordance with Arkansas law. b) Unauthorized illegal aliens shall not be employed. DF&A/IGS shall consider the employment of unauthorized illegal aliens a violation of the immigration Reform and Control Act (IRCA) of 1986. Such violation shall be cause for unilateral cancellation of this contract by DF&A/IGS. c) The Subgrant Organization shall comply with all applicable federal, state, and local laws governing Equal Employment Opportunity, including, but not limited to: Title VII of the Civil Rights Act of 1964; the Equal Pay Act of 1963, and Title I and Title V of the Americans with Disabilities Act of 1990. d) The Subgrant Organization shall comply with the Fair Labor Standards Act (FLSA), which sets basic minimum wage and overtime pay standards. i. Effective July 24, 2009, the U.S. Department of Labor will increase the federal minimum wage to seven dollars and twenty-five cents ($7.25). ii. Violation of minimum wage requirements may be cause for unilateral cancellation by DF&A/IGS. 1.6 Records: Access, Analysis and Retention a) The Subgrant Organization shall retain all financial and programmatic records, supporting documents, statistical records, and all other records (including storage Page I3 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM media) pertinent to this Subgrant for AT LEAST 3 YEARS, FOLLOWING WRITTEN NOTIFICATION BY DF&A/IGS that the subgrant has been programmatically and fiscally closed. b) Upon demand, at no additional cost to DF&A/IGS, the Subgrant Organization will facilitate the duplication and transfer of any records or documents during the required retention period in Section 1.6 (a). c) The Subgrant Organization will assure that these records shall be subject at all reasonable times to inspection, review, or copying by federal, state or other personnel duly authorized by DF&A/IGS or the United States Department of Health and Human Services, Administration for Children & Families, Family Violence Division. d) At all reasonable times for as long as records are maintained, persons duly authorized by DF&A/IGS or the U.S. Department of Justice, Bureau of Justice Assistance, shall be allowed full access to and the right to examine any of the Related records and documents, regardless of the form in which they are kept. 1.7 Monitoring: • a) DF&A/IGS shall monitor the Subgrant Organization's performance and compliance with the terms and conditions of this subgrant. The Subgrant Organization agrees to comply and cooperate with any monitoring procedures deemed appropriate by DF&A/IGS. i. The Subgrant Organization shall permit the Department of Finance and Administration, Office of Intergovernmental Services, the U.S. Department of Justice, Bureau of Justice Assistance, or a designated independent third party evaluator to inspect any records, papers, documents, facilities, goods and services of the Subgrant Organization that relevant to this subgrant, and to interview any service recipients and/or Subgrant Organization officers, agents, volunteers or employees to assure DF&A/IGS of the satisfactory performance of the terms and conditions of this subgrant. ii. Monitoring may include any and/or all aspects of this subgrant including, but not limited to: the scope of services; major program goals; manner of service Page J 4 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM provision; staffing; location; service time, and validation of reports previously submitted to the Department of Finance and Administration, Office of Intergovernmental Services. The Subgrant Organization shall comply with DF&A/IGS activities designed to ensure compliance with federal and state laws, associated administrative rules, regulations and operating procedures. b) Monitoring may be conducted in any or all of the following manners: i. Self -Assessment — At least annually, Subgrant Organization must complete a self-assessment ensuring compliance with the terms and conditions of the subgrant, including policies and procedures, service delivery performance, timekeeping and equipment maintenance, as well as documentation of costs. ii. Desk Monitoring— Desk monitoring includes a review of invoice submittals and supporting documentation; a review of quarterly performance reports; e-mail transmittals; telephone calls, and any other documents or communications that may flow between DF&A/IGS staff and the Subgrant Organization. On -Site Monitoring — On-site monitoring provides a first hand look at the Subgrant Organization's operations. It is an opportunity to meet the Management and staff; establish a positive working relationship; and to Review the Subgrant Organization's files and documentation. Several types and purposes exist for on-site monitoring, including: (a) Formal — a scheduled visit, utilizing a standardizing monitoring tool to Access the program's compliance with federal and state rules, fiscal Management procedures and organizational structure. (b) Informal — a visit to meet staff, observe macro -operations, and learn about program activities. (c) Evaluation — used primarily for first time Subgrant Organization in Page I5 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM order to meet staff, evaluate and give guidance regarding the structure of the organization, program administration, service delivery, community support, and compliance with federal and state rules, as well as, fiscal management procedures. (d) Intervention— as needed, to provide technical assistance and direction to Subgrant Organizations experiencing performance or fiscal problems. Except in cases warranting immediate intervention, other grant management methods such as desk monitoring, written correspondence and telephone consultation will be tried before an intervention visit is scheduled. iv. Complaints — Complaints regarding a Subgrant Organization are investigated within the parameters of the subgrant and/or applicable statue or rule. a) On-site monitoring visits may be conducted announced or unannounced at the direction of the Department of Finance and Administration, Office of Intergovernmental Services. b) Following the conclusion of all monitoring activities, DF&A/IGS will deliver to the Subgrant Organization a written report of its findings and recommendations. If DF&A/IGS deems necessary, the Subgrant Organization will develop a corrective Action plan (CAP) within ten (10) calendar days of the date of the written report Which shall address all identified deficiencies, submit it for approval by DF&A/IGS, and implement the approved activities within the agreed upon time frames. 1.8 Assignments and Subgrant: a) The Subgrant Organization will neither assign the responsibility for this subgrant to another party nor subgrant for any of the work contemplated under this subgrant without prior written approval from the DF&A/IGS Administrator, assignment, or transfer otherwise occurring without prior approval of DF&A/IGS shall be null and void and the Subgrant Organization shall be solely liable for any unauthorized activity that occurred during that period. Page 16 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM b) The Subgrant Organization shall be responsible for all work performed pursuant to this subgrant whether actually provided by the Subgrant Organization or its subcontractor, if DF&A/IGS permits the Subgrant Organization to subgrant all or part of the work contemplated under this subgrant, including entering into subgrant with vendors for services and commodities, it is understood by the Subgrant Organization that all such subgrant arrangements shall be evidenced by a written document subject to prior review and approval by DF&A/IGS. DF&A/IGS shall not be liable to the Subgrant Organization's subcontractor in any way for any reason. The Subgrant Organization, at its expense will defend the Department of Finance and Administration, Office of Intergovernmental Services against such Claims. c) The Subgrant Organization agrees that DF&A/IGS shall at all times be entitled to assign or transfer its rights, duties, or obligations under this subgrant upon prior written notice to the Subgrant Organization and approval by the U.S. Department of Justice, Bureau of Justice Assistance. 1.9 Client Risk Prevention: The Subgrant Organization shall immediately report knowledge or reasonable suspicion Of abuse, neglect, or exploitation of a child, to the Arkansas Abuse Hotline on the Statewide toll-free telephone number (800) 482-5964. 1.10 Health Insurance Portability and Accountability Act Compliance: The Subgrant Organization shall comply with Public Law 104-191 relating to the security and privacy of protected health information. Specific responsibilities of the Subgrant Organization shall include notifying service recipients, employees and volunteers about their privacy rights, designating a Privacy Officer, adopting and implementing privacy policy and procedures which minimally establish safeguards to protect the privacy of health care information and set boundaries on the use of release of health records, and training employees so they understand such policies and procedures. Article II: Compensation and Billing Page I7 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM 2.1 Compensation for Services: a) DF&A/IGS shall pay the Subgrant Organization for contracted services in accordance with the approved itemized budget found in Attachment D. b) DF&A/IGS dispenses funds on a reimbursement basis. Subgrant Organization must pay the expense of an item; submit a request for reimbursement, accompanied by proof of payment. DF&A will not advance funds to a subgrant organization. c) A Subgrant Organization may request reimbursement by utilizing the Reimbursement Invoice and Program Matching Report form provided upon receipt of the subgrant acceptance. The form is individualized and based on the Subgrant Organization's approved budget. d) Reimbursement Invoice and Matching Report must be submitted to DF&A/IGS by the 15th of each month for expenses incurred during the previous month. e) DF&A/IGS internal procedures allow for the timely processing of reimbursement requests. Invoices received by the 15`h of each month will be reimbursed the same month. Invoices received after the 15th of each month will be reimbursed the following month. 2.2 Submission of Invoices: a) The Subgrant Organization shall submit invoices to DF&A/IGS in the manner and format described above. b) DF&A/IGS shall not be obligated to make any payment to the Subgrant Organization if the Subgrant Organization does not follow DF&A/IGS invoicing and billing procedures, unless and until the necessary corrections are made by the Subgrant Organization. Within fifteen (15) working days of receipt of an invoice from the Subgrant Organization, DF&A/IGS shall provide payment or Page 18 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM notice to the Subgrant Organization of any corrections or back-up documentation needed. c) Final invoice for payment shall be submitted to DF&A/IGS, no more than thirty (30) days after the subgrant ends or is terminated. If the Subgrant Organization fails to do so, all payments are forfeited and DF&A/IGS may not honor any requests for reimbursement after the aforesaid period. 2.3 Withholding of Funds: a) It is the responsibility of the Subgrant Organization to ensure that it is in compliance with this subgrant, all attachments, any special conditions, as well as all reporting requirements. DF&A/IGS may withhold reimbursement, if the Subgrant Organization demonstrates any of the following: i. Failure to adhere to federal or state requirements or special conditions. ii. Failure to submit reliable requests for funds with the appropriate supporting documentation. iii. Failure to submit accurate and timely reports, including, but not limited to quarterly performance reports, year end expenditure reports, annual inventory reports, etc. iv. Failure to perform the services as agreed upon herein. v. Failure to achieve timely financial reconciliation and closeout at the end of the project period. vi. Failure to notify DF&A/IGS of any changes in the scope of the project, i.e. personnel changes, changes in service location, etc. b) A Subgrant Organization may be required to finance its operation with its own funds until such time it is in compliance with subgrant conditions. 2.4 Return of Funds: a) The Subgrant Organization shall return to DF&A/IGS any overpayment due, Page I9 * * AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 �R,{,, ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION �/'/ JUSTICE ASSISTANCE GRANT (JAG) PROGRAM pursuant to the terms of this subgrant. In the event that the Subgrant Organization or its independent auditor discovers that an overpayment has been made, the Subgrant Organization shall repay DF&A/IGS the total amount overpaid immediately without prior notification from DF&A/IGS. In the event that DF&A/IGS first discovers an overpayment has been made, DF&A/IGS will notify the Subgrant Organization in writing. Should repayment not be made forthwith, DF&A/IGS reserves the right to withhold and/or offset the over- payment against any monies due the Subgrant Organization for services. 2.5 Underutilization of Funds: a) Underutilization of subgrant funds during any six (6) month period may result in a decrease in funds for the next six (6) month period as follows: i. 90% or more utilization = no penalty ii. 80% - 89% = 10% reduction iii. 70% - 79% = 15% reduction iv. Less than 70% = 20% reduction and/or cancellation of subgrantl b) The Subgrant Organization may request a waiver of the penalty for underutilization, only under extenuating circumstances. Waiver requests must be in writing, explaining in detail the nature of the circumstance, as well as a detailed explanation of the measures to be used by the Subgrant Organization to ensure, if applicable, that there will be no reoccurrence. Article III: Term and Termination 3.1 Contract Term: a) The term of this subgrant shall be effective as of July 01, 2009 and shall remain in full force and effect until June 30, 2010, unless sooner terminated pursuant to 1 Cancellation of a subgrant by DF&A/IGS will result in an organization being ineligible from receiving federal funds through DF&A/IGS for a period, not to exceed two (2) years. Page 110 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM the terms of this subgrant. 3.2 Termination: a) This subgrant may be terminated or suspended by DF&A/IGS without prior notice if DF&A/IGS determines that the Subgrant Organization has failed to comply with subgrant requirements or poses a risk of danger to any service recipient. In the event that the subgrant is terminated, regardless of the circumstances of termination, the Subgrant Organization must, within ninety (90) days of termination submit the following: i. Final ARRA Reimbursement Request ii. Final ARRA Programmatic Report iii. Final ARRA Financial Report b) The Subgrant provisions Section 1.4 (Confidentiality), Section 1.6 (Records: Access, and Retention), and Article IV (Mutual Indemnification) shall survive the termination of this Subgrant. Article IV: Mutual Indemnification 4.1 Subgrant Organization Indemnification: a) The Subgrant Organization shall indemnify, defend and hold DF&A/IGS, and all of its officers, agents and employees harmless from all claims, suits, judgments, or damages, including attorney's fees and costs, arising out of any acts, actions, neglect or omissions by the Subgrant Organization, its employees or agents relating to the performance or operations of this subgrant. Article V: Relationships of the Parties 5.1 Independent Contractor: The Subgrant Organization is an independent contractor of DF&A/IGS. Nothing herein Page 1 1.1 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM Shall create or be construed as creating a partnership, joint venture, agency or any other relationship between DF&A/IGS and the Subgrant Organization. Neither the Subgrant Organization nor any of its officers, agents, volunteers or employees will be deemed or construed to be an employee of DF&A/IGS for any reason, including, but not limited to, the Federal Unemployment Tax Act, any workers' compensation laws or income tax withholding laws. The Subgrant Organization shall have sole responsibility for the payment of federal, state and local taxes applicable to its services and the services provided by its officers, agents, volunteers or employees under this subgrant. Article VI: Audit Requirements 6.1 Audit Reporting Requirements: a) Subgrants are subject to conditions of fiscal, program, and general administration to which the subgrantee expressly agrees in accepting the subgrant. Accordingly, the audit objective is to review the subgrant organization's administration of funds and required non-federal contributions for the purpose of determining whether the recipient has: i. Established an accounting system integrated with adequate internal fiscal and management controls to provide full accountability for revenues, expenditures, assets, and liabilities. This system should provide reasonable assurance that the organization is managing federal financial assistance programs in compliance with applicable laws and regulations. ii. Prepared financial statements which are presented fairly, in accordance with generally accepted accounting principles. iii. Submitted financial reports (which may include Financial Status Reports, Cash Reports, and Claims for Advances and Reimbursements), which contain accurate and reliable financial data, and are presented in accordance with the terms of applicable agreements. ARTICLE VII: Miscellaneous 7.1 Amendment or Modification: Page 1 12 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 7r ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM a) This subgrant may not be modified, either fiscally or programmatically, except with prior written approved by DFA/ IGS. Modifications include but are not limited to revision of Budget line items, change in prospect staff and/or other changes in project scope. b) DFA/IGS may amend or modify any provisions of this subgrant upon 30 days written notice to the Subgrant Organization. Failure of the Subgrant Organization to object in writing to Such amendment or modification during the 30 -day notice Period shall constitute acceptance of such amendment or modification by the Subgrant Organization. 7.2 Whistleblower/False Claim a. The Subgrant organization is subject to the provision of 31 U.S.C. §§ 3729-3733, as amended, May 2009. b. 31 U.S.C. §§ 3729-3733 applies to any federally funded contract or program and establishes liability for any person who knowingly presents or causes to be presented a false or fraudulent claim to the United States government for payment. c. False claims can take the form of overcharging for a product or services, delivering less than the promised amount or type of service, delivering less than the promised amount or type of goods or services, underpaying money owed to the government and charging for one thing while providing another. d. No proof of specific intent is required. e. Individuals within a subgrant organization who observe activities or behavior that may violate the law in some manner and who report their observations either to management or to governmental agencies, including DF&A/IGS, are provided protections under the law. They may not be discriminated or retaliated against in any manner by their employer. Employees who are discharged, demoted, harassed, are entitled to all relief necessary to make the employee whole. 7.3 Authorized Representatives: Page 1 13 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION JUSTICE ASSISTANCE GRANT (JAG) PROGRAM a) The undersigned individuals represent that they are properly and legally authorized to enter into this subgrant on behalf of of the entity named above their respective signatures. 7.4 Special Subgrant Conditions: If a Subgrant Organization (a) has a history of poor performance, (b) is not financially stable, (c) has not conformed to the terms and conditions of a previous award, or (d) is not otherwise responsible, DFA/IGS may impose additional requirements as needed, provided that such Subgrant Organization is notified in writing as to: the nature of the additional requirements, the reason why the additional requirements are being imposed, the nature of the corrective action needed, the time allowed for completing the corrective actions, and the method for requesting reconsideration of the additional requirements imposed. Any special conditions shall be promptly removed once the conditions that prompted them have been corrected. Page j14 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION 4 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM By signing this subgrant, both parties agree that they have read and agree to the contents therein. IN WITNESS WHEREOF, DFA/IGS and "the Subgrant Organization" hereto have caused this fourteen (14) page core subgrant and all referenced attachments and exhibits to be executed by their undersigned officials as duty authorized. 4 ru k&OL L SUBGRMNT IMGANIZATION • 1150.111111111!111111-01 11540 TITLE 9- /8-09 DATE Dept. of Finance & Admin. SIGNATURE Ann Purvis NAME Administrator TITLE September 15, 2009 DATE Page 1 15 CERTIFICATION OF AUDIT COST As the Contracting Official for a subgrant through the Edward Byrne Memorial Justice Assistance Grant (JAG) Grant Program to the organization listed below, I certify that the OMB Circular A-133 audit status is an accurate projection of federal fund expenditures for the fiscal year impacted by this grant, based on information presently available to me. Based on these projections, the audit status of the referenced organization will be as indicated below. AUDIT STATUS ONE: PROJECT AUDIT COST The applicant agency will expend less than $500,000 from all federal sources during its fiscal year. The Department of Finance and Administration will contract for audit services applicable to the Drug Law Enforcement Program subgrant. The applicant will not budget audit funds. _XX_ AUDIT STATUS TWO: OVERALL SINGLE AUDIT COST A single audit must be procured by the applicant agency when the applicant agency expends $500,000 or more in federal funds from all sources during its fiscal year. Lioneld Jordan nm p Printed Name of Contracting Of S -F;.. . s'�, z A, •G\1 Y p r0 00 rte• •c^o U• .fit -�c :FAYETTEVILLE; Sign Mayor, City of Fayetteville Title and Organization 9-78-0 g Date CERTIFICATION OF EMPLOYMENT OF QUALIFIED PERSONNEL By acceptance of this subgrant provided through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, I certify the following: 1) All personnel employed on a salaried or contractual basis, and who function as law enforcement personnel under my authority for the purposes identified in this grant will be currently certified by the Arkansas Law Enforcement Training Academy, are in training at the Arkansas Law Enforcement Training Academy, or have applied and are awaiting admission to the Academy. For those personnel who are not certified and who are awaiting admission to the Academy, I agree to their participation in training activities designated as mandatory pre -Academy training by the Law Enforcement Committee of the Arkansas Alcohol and Drug Abuse Coordinating Council. 2) All personnel other than attorneys and law enforcement officers who are employed for purposes identified in this grant and who are paid from grant or grant matching funds have been determined to be qualified for the position they hold, based on my review of their education, training and experience. Lioneld Jordan Printed Name /07/7 Date EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM SPECIAL CONDITIONS 1. The subrecipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. This information is available at http://www.ojp.usdoj.20v/FinGuide/. 2. The subrecipient 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 subrecipient is in compliance. 3. The subrecipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Subrecipient 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 subgrantee agrees to assist the Bureau of Justice Assistance (BJA) in complying with the National Environmental Policy Act (NEPA) 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, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The subgrantee 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 either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100 -year flood plain; 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; and, 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. Application of This Special Condition to Subgrantee's Existing Programs or Activities: For any of the subgrantees' existing programs or activities that will be funded by these grant funds, the subgrantee, 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. 6. This special condition facilitates compliance with the provisions of the National Environmental Policy Act (NEPA) relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories [hereinafter, "meth lab operations"]. No monies from this award may be obligated to support meth lab operations unless the grantee implements this special condition. The Office of Justice Programs (OJP), in consultation with the Bureau of Justice Assistance, the Drug Enforcement Administration, and the Office for Community Oriented Policing Services, prepared a Program -level Environmental Assessment (Assessment) governing meth lab operations. The Assessment describes the adverse environmental, health, and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions under their methamphetamine laboratory operations. Consistent with the Assessment, the following terms and conditions shall apply to the subgrantee for any OJP funded meth lab operations: A. The subgrantee shall ensure compliance with federal, state, and local environmental, health, and safety laws and regulations applicable to meth lab operations, to include the disposal of the chemicals, equipment, and wastes resulting from those operations. /� itial B. The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of accountability within its state. This plan will be used to ensure that the adverse environmental, health, and safety impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this condition. C. The subgrantee shall comply with the following nine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation Plan. These mitigation measures must be included as special conditions in all subgrants: (See Part II of this special condition) 7. 1. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specified duties, equip the personnel with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; 5. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes at properly licensed disposal facilities or, when allowable, at properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs numbered 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement a written agreement with the responsible state environmental agency. This agreement must provide that the responsible state environmental agency agrees to (i) timely evaluate the environmental condition at and around the site of a closed clandestine laboratory and (ii) coordinate with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if determined necessary by the state environmental agency and in accordance with existing state and federal requirements; and 9. Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 8. The subrecipient agrees to submit to DFA for review and approval any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this subgrant at least thirty (30) working days prior to the targeted dissemination date. 9. 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. 10. To support public safety and justice information sharing, OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.oiy.gov/21xdm. 11. The subrecipient is required to establish a trust fund account. (The trust fund may or may not be an interest -bearing account.) The fund may not be used to pay debts incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). 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 DFA no later than 60 days after the end of the grant period, along with the final submission of the Financial Status Report. nitial 2 12. The subgrantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 13. The subrecipient 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 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the subrecipient may be fined as per 42 U.S.C. 3789g(c)-(d). Subrecipient may not satisfy such a fine with federal funds. 14. The subrecipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income must be accounted for and used for the purposes under the conditions applicable for the use of funds under this award, including the effective edition of the OJP Financial Guide and, as applicable, either (1) 28 C.F.R. part 66 or (2) 28 C.F.R part 70 and OMB Circular A -I 10. Further, the use of program income must be shown on the quarterly Financial Status Report. 15. The subrecipient 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. In 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 htip://www.oip.usdoi.gov/ec/states.htm. 16. Subgrantee agrees to comply with the requirements of 28 C.FR. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 17. Subgrantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Subgrantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 18. Subrecipient agrees that funds provided under this award may not be used to operate a "pay -to -stay" program in any local jail. Subrecipient further agrees not to subaward funds to local jails which operate "pay -to -stay" programs. 19. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, subrecipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov." ACCEPTANCE OF SPECIAL CONDITIONS q,/9 -o 9 Signs a Date �� .•r CG Oc. ;FAYETTEVILLE; • �o•�RKn nee G�.. CERTIFICATION FORM Recipient Name and Address: City of Fayetteville, 100-a West Rock Street, Fayeteville, AR 72701 Grant Title: ARRA.Edward Byrne JAG Program Grant Number: 16.803 Award Amount: $197,167.25 Contact Person Name and Title: Judy Cohea, Fiscal Officer Phone Number: (479) 587-3581 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an ESOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7'h Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (2021 307-2027. Section A- Declaration Claiming Complete Exemption from the ESOP Requirement. Please check all the boxes that apply. Q Recipient has less than 50 employees, Q Recipient is an Indian tribe, Q Recipient is a non-profit organization, Q Recipient is an educational institution, or Q Recipient is a medical institution, Q Recipient is receiving an award less than $25,000 [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. 1 further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an ESOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an ESOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): 1, Lioneld Jordan. Mayor [responsible official], certify that the City of Fayetteville [recipient],whichhas 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of: Human Resource S [organization], at 113 West Mountain Street. Fayetteville, AR 72701 [address],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevan aws and r lations. Lioneld Jordan. Mayor Print or type Name and Title S gnature ate OMB ApprovalNo. 1121-0140 Expiration Date: 01/31/06 .-w 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 judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, 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 (1)(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal. State, 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— �J f n (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 aftersuch 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 convic-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). B. 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 0 if there are workplaces on file that are not indentified 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 406117. 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, 100-a West Rock Street, Fayetteville, AR 72701 2. Application Number and/or Project Name 3. Grantee IRSIVendor Number 4th Judicial District Drug Task Force 71-6018462 4. Typed Name and Title of Authorized Representative Lioneld Jordan, Mayor 5. Signature 6. Date `U.S. Government Nntlng Office: 1996- 405-037140014 • U.S. DEPARTMENT OF JUSTICE Wail OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub -Recipient) This certification is required by the regulatioons implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, Participantsresponsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department of agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certificaiton, such prospective participant shall attach an explanation to this proposal. Lioneld Jordan, Mayor Name and Title of Authorized Representative Date City of Fayetteville Name of Organization 1 00-a West Rock Street, Fayetteville, AR 72701 Address of Organization OJP FORM 4061/1 (REV. 2/89) Previous editions are obsolete Budget Year Department: Police 2009 Division: Police Program: Drug Enforcement Project or Item Added/Increased: Recognize forfeiture revenue and reclassify budget items. Justification of this Increase: Forfeitures are received as a result of narcotics investigations performed by officers assigned to the 4th Judicial District Drug Task Force. Program income will provide funds for confidential allowing reclassification of Springdale, Washington County and Rural funding. The Transfer from General Fund is sufficient to cover the increase in Confidential Funds - Fayetteville. . cl_ M 1111", Account Name Name Approval Signatures Date Requested 8/21/2009 Project or Item Deleted/Reduced: None Increase Budget Account Number Decrease Budget Account Number Date Date ci_I — of this Decrease: Amount Amount Aujusuuenl INUIUUUI Budget & Research Use Only Project Number Project Number Type: A B C E Requested By General Ledger Date 'Q 9 Posted to General Ledger Date Posted to Project Accounting `7 Date Initial Date Initial Date y• f•••f ()^�^Lri"�I 1 I' 1 ,+1 1...1.1 tl r•I I .•I. 'I.I 1 ,�:rl. 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