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HomeMy WebLinkAbout145-10 RESOLUTIONRESOLUTION NO. 145-10 A RESOLUTION AUTHORIZING ACCEPTANCE OF AN ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION GRANT FOR ENFORCEMENT OF UNDERAGE DRINKING LAWS IN THE AMOUNT OF $32,000.00 AND APPROVING A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of an Arkansas Department of Finance and Administration grant for enforcement of underage drinking laws in the amount of $32,000.00. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "A." PASSED and APPROVED this 3rd day of August, 2010. APPROVED: B ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer °G®�Ry pSG • FAYEULLE ,ma•��� y• y• s,• S9?'KANS • EVIJ ti� fli' City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2009 Department: Police Division: Police Program: Police/Animal Projects Date Requested 7/15/2010 Adjustment Number Project or Item Added/Increased: Overtime, crime prevention supplies and travel and training Project or Item Deleted/Reduced: None Justification of this Increase: These expenses are covered by the non-matching 2010- 2011 Underage Drinking Prevention Grant. Justification of this Decrease: Account Name Increase Budget Account Number Amount Personnel Services - Contra Crime Prevent/Investigate 1010 2920 5120 00 1010 2920 5201 00 Travel & Training 1010 2920 5304 00 P oject Number 29,400 04(06' S' ( '/ 1,100 0 go rvU/ Account Name Decrease Budget Account Number 1,500 02"bi" fool Amount Project Number State Grants - Operational 1010 0001 4302 01 32,000 0206 .") C)/ Division Head Budget D. or Date 74-/f=Ta Date epartnent Director Finance Direc r Chief c! Sta a or Date —7—.Z5- 2,010 Date Date �O ate Type: V.090403 Budget & Research Use Only A E Requested By General Ledger Date Posted to General Ledger Posted to Project Accounting Initial Date Initial Date G Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/3/2010 City Council Meeting Date Agenda Items Only Patrol Division Action Required: Police Department Approval of the non-matching grant award for Enforcing Underage Drinking Laws Grant and budget adjustment in the amount of $32,000.00. 32, 000.00 Cost of this request 1010-2920-5120.00 Account Number 08068- 2010 ' Project Number Budgeted Item Category / Project Budget $ Underage Drinking Prevention Grant Program Category / Project Name Grant Funds Used to Date Program / Project Category Name General Remaining Balance Fund Name Budget Adjustment Attached X xiltof,-- Depa •- - ' irector orney Finance and Internal Services Director 7-(c-K1 Date Date 7- 26-)olo Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 07-16-10P03:35 RCVD Clerk's Office Received in Mayor's Office f42 Comments: Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayettevi l le.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and Members of the City Council From: Greg Tabor, Chief of eireloor Date: July 16, 2010 Subject: Enforcing Underage Drinking Laws Grant PROPOSAL: The Office of Intergovernmental Services Division of the Arkansas Department of Finance and Administration has awarded a grant in the amount of $32,000.00 to the Fayetteville Police Department to enforce underage drinking laws. The Fayetteville Police Department will use these funds to offset the expenditure of a number of details to monitor and inspect alcohol permitted outlets in the enforcement of underage drinking laws throughout the year. This will include overtime, crime prevention supplies and training. This is a reimbursement grant with no matching funds required. RECOMMENDATION: Staff recommends approval the non-matching grant award for Enforcing Underage Drinking Laws and a budget adjustment in the amount of $32,000. BUDGET IMPACT: None RESOLUTION NO. A RESOLUTION AUTHORIZING ACCEPTANCE OF AN ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION GRANT FOR ENFORCEMENT OF UNDERAGE DRINKING LAWS IN THE AMOUNT OF $32,000.00 AND APPROVING A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of an Arkansas Department of Finance and Administration grant for enforcement of underage drinking laws in the amount of $32,000.00. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "A." PASSED and APPROVED this 3rd day of August, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer July 2, 2010 STATE OF ARKANSAS OFFICE OF INTERGOVERNMENTAL SERVICES Department of Finance and Administration 1515 West Seventh Street, Suite 400 Post Office Box 8031 Little Rock, Arkansas 72203-8031 Phone: (501) 682-1074 Fax: (501) 682-5206 http://www.arkansas.gov/dfa/igs Notification of Award FY 2011 Enforcing the Underage Drinking Laws Grant EUUI, #2008-All-FX-0002-IG08-08-10 Dear: Ms. Judea Cohea The Arkansas Department of Finance and Administration, Office of Intergovernmental Services (DFA -IGS) is pleased to announce that your application for a mini -grant has been approved in the amount of $32,000. The award period will run from July 15, 2010 to Mav 15, 2011. ➢ Adjustments were made to your original budget as follows: Adjusted/Disallowed cost: (1) ABC hearings travel $1,000 (2) Reduction of cost to EUDL national conference by $2000, limit 1 officer. Thus the final amount of your award is $32,000. ➢ Remember our office must receive and approve samples of all advertisement, whether media/newspaper/billboards etc. Award Acceptance Receipt of the award is contingent on the following: a. All Attachments must be signed (in blue ink) by your Authorized Official (agency head) and returned to DFA -IGS by July 9. 1) Attachment 1 (acknowledgement and acceptance) 2) Attachment 2 (approved itemized budget) 3) Contact information for your designated Agent who will manage the mini -grant and for at least one additional alternate contact must also be provided in Attachment 1. 4) Attachment 3 (certifications regarding lobbying) 5) Attachment 4 (certification regarding debarment) 6) Attachment 5 (assurances) 7) Attachment 6 (contract and grant disclosure/certification form) Acceptance of the award indicates the Authorized Official's: a. Acknowledgement that the requirements for this award and all Attachments are understood and accepted. b. Agreement with the terms and conditions contained. c. Acceptance of and agreement to comply with federal and state laws and requirements governing the EUDL grant. [Office of Justice Programs Financial Guide may be accessed via the internet at [http://www.ojp.usdoi.2ov/financiakuide/index.htm ] d. Understanding that all project related costs are reimbursements only. Actual cost must be paid by grantee prior to requesting reimbursement. No expenses will be prepaid by DFA/IGS. e. Acknowledgement that food and beverages are allowable for conferences, meetings or training sessions it there are participants, if the event is a work related event, if the cost of the food/beverages is reasonable and the event is not related directly to amusement and/or social events and provide a speaker/program at a lunch or dinner per OJJDP Financial Guide, Part III Chapter 7, Food and Beverage Section. f. Acknowledges that travel/lodging/meals must be paid by the subreciepient and submitted to DFA/IGS for reimbursement with proper documentation. g. Understand that budget modification requests must be approved by this office before the subgrantee spends money on modified line item. h. Understand that all advertising/media is restricted to the funded project according to the approve budget and must not include any elected officials. All subreciepients MUST submit a sample of all advertising/media information to the office of DFA/IGS for approval prior to print or public announcement. 1. A bilingual effort for media/public service announcement campaigns should be conducted in areas where there is a high Hispanic population. j. Per OJJDP Financial Guide, Part III Chapter 7, Publication Section states "all materials publicizing or resulting from award activities shall contain an acknowledgement of the awarding agency assistance. An acknowledgement of support shall be made through the use of the following or comparable footnote: "This project was supported by the EUDL award number, awarded by OJJDP, Office of Justice Programs. k. Understand that hold conditions apply to all line items with unspecified travel, admin, activities (presentations), parades, etc. A hold means no funds can be spent from that particular line item until specific details are submitted to our office about each event. 1. Understand that travel to national conference is limited to one officer. m. Understand that consultant rates are limited to $450 for an 8 -hour day. Per OJJDP Financial Guide, Part III Chapter 15, Consultant Rates section states "when the rate exceeds $450 for an 8 -hour day, or $56.25 per (excluding travel and subsistence costs), a written PRIOR APPROVAL is required from the awarding agency. Prior approval requests require additional justification. An 8 -hour day may include preparation, evaluation and travel time in addition to the time required for actual performance." Reporting Requirements Reimbursement requests are due monthly no later than the 5th of the month and a final reimbursement request is due no later than June 5, 2011. Quarterly progress reports are due by: October 5, 2010; January 5, 2011; April 6, 2011; and June 5, 2011. Failure to submit these reports by the deadline may result in a cancellation of this award or only partial reimbursement. A report is required even if no activities were performed within the reporting period. Reimbursement will be issued only for the specific items and services indicated in the approved budget. To ensure full reimbursement, detailed receipts must be attached to the reimbursement request. To receive reimbursement for promotional items, copies or samples must prior approval before expenditure and documentation must be submitted with the reimbursement request. One original (signed in blue ink) and an electronic version of the monthly and quarterly reports must be submitted. Mail original report to: Parunta Brown DFA Office of Intergovernmental Services 1515 West 7th Street, Suite 400 PO Box 8031 Little Rock, Arkansas 72201-8031 Submit electronic copy to parunta.brm'n (a),dfa.arkansas.jiov DFA -IGS Acknowledgement Monthly reimbursement and Quarterly progress report forms will be provided to mini -grant recipient upon DFA -IGS receipt of Attachments 1 through 5. Terms and Conditions a) The Mini -grant Recipient shall not discriminate against any participant in the performance of this award because of race, creed, color, disability, national origin, sex, religion or marital status. b) Expenditures will be reimbursed in accordance with the approved budget. c) Reimbursement Invoices will be submitted by the Sth of each month for expenditures made in the previous month. d) Final request for reimbursement will be submitted by June 5, 2011. e) Quarterly Progress Reports will be submitted by the 56 or 6th day of the following month after the quarter's end: October 5, 2010; January 5, 2011; April 6, 2011; and June 5, 2011. f) Minors will be compensated at a rate of pay no higher than $10.00 per hour.* g) Officers will be compensated at a rate of pay no higher than $35.00 per hour for OT. Officers will not be compensated for court time.* h) Compensation for mileage will be reimbursed at $.42 cents a mile (or highest rate approved by the State).* *Items reimbursed only if they are in the approved budget. DFA -IGS Contact Should you have any questions or concerns throughout your grant period, please contact Parunta Brown at: (501) 682-3766 or by email at narunta.brown(a/dfa.arkansas.2ov. Congratulations once again on your award. Sincere Doris Smith Assistant Administrator DFA Office of Intergovernmental Services Mail completed documents (Attachments 1 through 5) to: Parunta Brown DFA Office of Intergovernmental Services 1515 West 7th Street, Suite 400 PO Box 8031 Little Rock, Arkansas 72201-8031 Attachment 1 Grantee Acknowledgement of EUDL Grant Requirements and Restrictions I, Lioneld Jordan , agency head for City of Fayetteville acknowledge the specific requirements outlined in the Notification of Award. I will ensure the timely submission of all reports and will ensure the reimbursement requests are submitted only for qualified expenses and for only the approved amounts as outlined in the Approved Budget. Contact Information: 100 A. West Rock Street, Fayetteville, AR 72701 Lioneld Jordan Mayor Agency He d- Printed Name Title Sire Authorized Agent/Award Manager contact information: Name: Rick Crisman Phone: 479-575-8341 Va///) Title: Corporal, COP Division Other: rcrisman@ci.fayetteville.ar.us Alternate Person contact information: (at least one required) Name: Greg Tabor Title: Chief of Police Phone: 479-587-3500 Other: gtabor@ci.fayetteville.ar.us Name: Judy Cohea Title• Support Services Manager Phone: 479 587-3581 Other: jcohea@ci.fayetteville.ar.us Individual Line Item (amounts) $240.00 $240.00 $240.00 $240.00 $240.00 $240.00 $240.00 $240.00 $1,920.00 ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION OFFICE OF INTERGOVERNMENTAL SERVICES ENFORCING UNDERAGE DRINKING LAWS MINI -GRANT BUDGET SPREADSHEET Cops -N -Shops <List line item> 6 officers x 7 hrs x $35.00 6 officers x 7 hrs x $35.00 6 officers x 7 hrs x $35.00 6 officers x 7 hrs x $35.00 6 officers x 7 hrs x $35.00 6 officers x 7 hrs x $35.00 6 officers x 7 hrs x $35.00 6 officers x 7 hrs x $35.00 TOTAL CATEGORY AMOUNT Individual Line Item (amounts) $1,470.00 $1,470.00 $1,470.00 $1,470.00 $1,470.00 $1,470.00 $1,470.00 $1,470.00 $11,760.00 Bar Patrol <List line item> 6 officers x 5 officers x $35.00 6 officers x 5 officers x $35.00 6 officers x 5 officers x $35.00 6 officers x 5 officers x $35.00 6 officers x 5 officers x $35.00 6 officers x 5 officers x $35.00 TOTAL CATEGORY AMOUNT Individual Line Item (amounts) $1,050.00 $1,050.00 $1,050.00 $1,050.00 $1,050.00 $1,050.00 $6,300.00 Compliance Checks (2 officers x 3 hrs x $35.00) + (1 minor x 3 hrs x $10.00) (2 officers x 3 hrs x $35.00) + (1 minor x 3 hrs x $10.00) (2 officers x 3 hrs x $35.00) + (1 minor x 3 hrs x $10.00) (2 officers x 3 hrs x $35.00) + (1 minor x 3 hrs x $10.00) (2 officers x 3 hrs x $35.00) + (1 minor x 3 hrs x $10.00) (2 officers x 3 hrs x $35.00) + (1 minor x 3 hrs x $10.00) (2 officers x 3 hrs x $35.00) + (1 minor x 3 hrs x $10.00) (2 officers x 3 hrs x $35.00) + (1 minor x 3 hrs x $10.00) TOTAL CATEGORY AMOUNT (Shoulder Taps <List line item> (2 officers x 3hrs x$35.00) + (1 minor x 3hrs X $10.00) (2 officers x 3hrs x$35.00) + (1 minor x 3hrs X $10.00) (2 officers x 3hrs x$35.00) + (1 minor x 3hrs X $10.00) (2 officers x 3hrs x$35.00) + (1 minor x 3hrs X $10.00) (2 officers x 3hrs x$35.00) + (1 minor x 3hrs X $10.00) (2 officers.x 3hrs x$35.00) + (1 minor x 3hrs X $10.00) TOTAL CATEGORY AMOUNT Individual Line Item (amounts) $240.00 $240.00 $240.00 $240.00 $240.00 $240.00 $1,440.00 Bikes, Blues, BBQ <List line item> 4 officers x 8hrs x $35.00 (Bar Patrol) 4 officers x 8hrs x $35.00 (Bar Patrol) <List line item> <List line item> <List line item> TOTAL CATEGORY AMOUNT Individual Line Item (amounts) $1,120.00 $1,120.00 $0.00 $0.00 $0.00 $2,240.00 U of A Football Games <List line item> 4 officers x 5hrs x $35.00 (pre -game Cops -N -Shop) 6 officers x 5hrs x $35.00 (post game bar patrol) 4 officers x 5hrs x $35.00 (pre -game Cops -N -Shop) 6 officers x 5hrs x $35.00 (post game bar patrol) <List line item> TOTAL CATEGORY AMOUNT Individual Line Item (amounts) $700.00 $1,050.00 $700.00 $1,050.00 $0.00 $3,500.00 Fake ID Training for Merchants & Officers <List line item> 2 officersx 2 hrs x $35.00 2 officersx 2 hrs x $35.00 2 officersx 2 hrs x $35.00 2 officersx 2 hrs x $35.00 2 officersx 2 hrs x $35.00 2 officersx 2 hrs x $35.00 2 officersx 2 hrs x $35.00 2 officersx 2 hrs x $35.00 2 officersx 2 hrs x $35.00 2 officersx 2 hrs x $35.00 TOTAL CATEGORY AMOUNT Individual Line Item (amounts) $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $1,400.00 U of A / High School Underage Drinking Presentations <List line item> 2 officers x 2hrs x $35.00 2 officers x 2hrs x $35.00 2 officers x 2hrs x $35.00 2 officers x 2hrs x $35.00 2 officers x 2hrs x $35.00 2 officers x 2hrs x $35.00 TOTAL CATEGORY AMOUNT Individual Line Item (amounts) $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $840.00 Advertising & Training <List line item> Materials for Program in Entertainment District Training (National EUDL Conference) 1 officer <List line item> <List line item> <List line item> TOTAL CATEGORY AMOUNT Individual Line Item (amounts) $1,100.00 $1,500.00 $0.00 $0.00 $0.00 $2,600.00 TOTAL OF ALL CATEGORY AMOUNTS $32,000.00 Lioneld Jordan AGENC DEAD-PRINTE E SIG ATURE Mayor TITLE 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— OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Check ❑ if there are workplaces on file that are not indentified (e) Notifying the agency, in writing, within 10 calendar days here. after receiving notice under subparagraph (d)(2) from an Section 67, 630 of the regulations provides that a grantee that employee or otherwise receiving actual notice of such convic-tion. is a State may elect to make one certification in each Federal Employers of convicted employees must provide notice, including fiscal year. A copy of which should be included with each ap- position title, to: Department of Justice, Office of plication for Department of Justice funding. States and State Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, agencies may elect to use OJP Form 4061/7. N.W., Washington, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; Check ❑ if the State has elected to complete OJP Form (f) Taking one of the following actions, within 30 calendar 4061/7. days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— DRUG-FREE WORKPLACE (1) Taking appropriate personnel action against such an (GRANTEES WHO ARE INDIVIDUALS) employee, up to and including termination, consistent with the As required by the Drug -Free Workplace Act of 1988, and requirements of the Rehabilitation Act of 1973, as amended; or implemented at 28 CFR Part 67, Subpart F, for grantees, as (2) Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67; Sections 67.615 and 67.620— drug abuse assistance or rehabilitation program approved for A. As a condition of the grant, I certify that 1 will not engage such purposes by a Federal, State, or local health, law enforce- in the unlawful manufacture, distribution, dispensing, posses- ment, or other appropriate agency; sion, or use of a controlled substance in conducting any (g) Making a good faith effort to continue to maintain a drug- activity with the grant; and free workplace through implementation of paragraphs (a), (b), B. If convicted of a criminal drug offense resulting from a (c), (d), (e), and (f). violation occurring during the conduct of any grant activity, I B. The grantee may insert in the space provided below the will report the conviction, in writing, within 10 calendar days site(s) for the performance of work done in connection with of the conviction, to: Department of Justice, Office of Justice the specific grant: Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Place of Performance (Street address, city, county, state, zip code) 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 IRS/Vendor Number Enforce Underage Drinking Laws 71-6018462 4. Typed Name and Title of Authorized Representative Lioneld Jordan. Mayor f3 - 4 - (C) 5. Signature 6. Date `. 'U.S. Government Printing Office: 1996 - 405-037/40014 OJP FORM 4061/1 (REV. 2/89) Previous editions are obsolete U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER r `L 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, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 1.9160-19211). (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 Titl, of Authorized Representative 4 S D s.: . ur- ate City of Fayetteville Name of Organization 100 A West Rock St., Fayetteville, AR 72701 Address of Organization OJP FORM 4061/1 (REV. 2/89) Previous editions are obsolete Instructions for Certification 1. By signing and submitting this proposal, the prosective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certificaiton, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposes," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debared, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of reports in order to render in good faith the certification requred by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters. into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. ASSURANCES The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars No. A-21, A-87, A-110, A-122, A-133; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements - 28 CFR, Part 66, Common Rule, that govern the application, acceptance and use of Federal funds for this federally assisted project. Also the Applicant assures and certifies that: 1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurance contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be. required. 2. It ensures that individuals with limited English proficiency (LEP) will be provided access to its program and activities. 3. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally - assisted programs. 4. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or part by Federal grants or subgrants. (5 USC 1501, et. seq.) 5. It will comply with the minimum wage and maximum hours provision of the Federal and State Fair Labor Standards Act if applicable. 6. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 7. It will give the Department of Finance and Administration, or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the subgrant. 8. It will comply with all requirements imposed by the Federal sponsoring agency or the Department of Finance and Administration concerning special requirements of law, program requirements, and other administrative requirements. 9. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Department of Finance and Administration and the Federal grantor agency of the reciept of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 10. It will comply with the flood insurance purchase requirements of Section 102 (a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102 (a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the reciept of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other fore of direct or indirect Federal assistance. 11. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569 a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 12. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title 1 of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 13. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20 Criminal Justice Information Systems; Part 22 Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30 Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 1 14. It will comply, and all its contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 15. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Department of Finance and Administration, Office of Intergovernmental Services. 16. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 17. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 18. Will comply, as applicable, with provisions of the Hatch Act (5 USC 1501-1508 and 7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 19. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations" and Department of Finance and Administration audit requirements. 20. It will have complete and well -organized books, records and other original documentation relating .to any and all subgrant expenditures, reimbursement or payment claims, reciept of funds, personnel employed, services rendered, individuals served, and all other records pertinent to the subgrant award. Furthermore, its bookkeeping shall be adequate to track the receipt and expenditure of all organizational funds, separately. It shall also maintain a functioning internal control structure which includes accounting and service delivery procedures that segregate subgrant funds from other organization funds and services. Signature of Authorized Official 21. It will provide for fund accounting, auditing, monitoring and evaluation procedures, as necessary to keep such records as the Department of Finance and Administration shall prescribe, to assure fiscal control, proper fund management and effective disbursement of funds received under the subgrant award. 22. No income eligibility standard will be imposed on individuals receiving assistance or services supported with funds appropriated or designated to carry out the subgrant project. 23. Subgrant funds made available under this subaward will not be used as direct payment of cash or any other monetary transaction with any victim or dependent of a victim for any purpose. 24. It will not, and all its subgrantees and contractors will not, hire illegal aliens. 25. That the address or location of any shelter -facility assisted under the subgrant project will not be made public, except with the written authorization of the person or persons responsible for the operation of such shelter. 26. It will comply with the Department of Finance and Administration, Office of Intergovernmental Services, Subgrant Administration Guide (June 2002, as amended, or its successor). 27. It will comply, and assure the compliance of all its subgrantees and contractors, with the disclosure required by Governor's Executive Order 98-04 and acknowledges that disclosure is a condition of the subgrant award and that the Department of Finance and Administration cannot enter into any such subgrant award for which disclosure is not made. Failure to make any disclosure required by Governor's Executive Order 98-04, or any violation of any rule, regulation, or policy adopted pursuant to that Order, shall be a material breach of the terms of a subgrant award. Any subgrantee who fails to make the required disclosure or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the Department of Finance and Administration. 28. Public Law 103227, Part C Environmental Tobacco Smoke, also known as the Pro Children Act of 1994, requires that smoking not be permitted in any portion of any indoor routinely owned or leased or contracted for by an entity and used routinely or regularly for provision of health, day care, education, or library services to children under the age of 18, if the services are. funded by Federal programs either directly or through State or Local governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 per day and/or the imposition of an administrative compliance order on the responsible entity. 2 CONTRACT AND GRANT DISCLOSURE AND CERTIFICATION FORM Failure to complete all of the following information may result in a delay in obtaining a contract, lease, purchase agreement, orant award with any Arkansas State Agency. SUBCONTRACTOR: SUBCONTRACTOR NAME: ❑ Yes x❑No TAXPAYER ID NAME: City of Fayetteville IS THIS FOR: El Goods? ❑ Services?E] Both? YOUR LAST NAME: Jordan FIRST NAME: Lioneld M.I.: ADDRESS: 113 W. Mountain St., Fayetteville, AR 72701 CITY: Fayetteville STATE: AR ZIP CODE: 72701 COUNTRY: United States AS A CONDITION OF OBTAINING, EXTENDING, AMENDING, OR RENEWING A CONTRACT, LEASE, PURCHASE AGREEMENT, OR GRANT AWARD WITH ANY ARKANSAS STATE AGENCY, THE FOLLOWING INFORMATION MUST BE DISCLOSED: FOR INDIVIDUALS* Indicate below if: you, your spouse or the brother, sister, parent, or child of you or your spouse is a current or former: member of the General Assembly, Constitutional Officer, State Board or Commission Member, or State Employee: Position Held Mark (q) Name of Position of Job Held [senator, representative, name of board/ commission, data entry, etc.] For How Long? What is the person(s) name and how are they related to you? [i.e., Jane Q. Public, spouse, John Q. Public, Jr., child, etc.] Current Former From MMM To MMMT Person's Name(S) Relation General Assembly ❑ 0 4 Constitutional Officer 0 0 State Board or Commission Member ❑ ❑ State Employee 0 0 ® None of the above applies Indicate below if any of the following persons, current or former, hold any position of control or hold any ownership interest of 10% or greater in the entity: member of the General Assembly, Constitutional Officer, State Board or Commission Member, State Employee, or the spouse, brother, s'ster, parent, or child of a member of the General Assembly, Constitutional Officer, State Board or Commission Member, or State Employee. Position of control means the power to direct the purchasing policies or influence the management of the entity. Position Held Mark (� Name of Position of Job Held [senator, representative, name of board/commission, data entry, etc.] For How Lon g' What is the person(s) name and what is his/her % of ownership interest and/or what is his/her position of control? Current Former From MMM ToOwnership MMM( Person's Name(s) Position of Interest (%) Control General Assembly 0 0 4 Constitutional Officer ❑ ❑ State Board or Commission Member 0 0 State Employee 0 0 12 None of the above applies Contract and Grant Disclosure and Certification Form Failure to make anv disclosure required by Governor's Executive Order 98-04, or anv violation of any rule, regulation, or policy adopted pursuant to that Order, shall be a material breach of the terms of this contract. Any contractor, whether an individual or entity, who fails to make the required disclosure or who violates anv rule, regulation, or policy shall be subject to all legal remedies available to the aaencv As an additional condition of obtaining, extending, amending, or renewing a contract with a state agency I agree as follows: 1. Prior to entering into any agreement with any subcontractor, prior or subsequent to the contract date, I will require the subcontractor to complete a CONTRACT AND GRANT DISCLOSURE AND CERTIFICATION FORM. Subcontractor shall mean any person or entity with whom I enter an agreement whereby I assign or otherwise delegate to the person or entity, for consideration, all, or any part, of the performance required of me under the terms of my contract with the state agency. 2. I will include the following language as a part of any agreement with a subcontractor: Failure to make any disclosure required by Governor's Executive Order 98-04, or any violation of any rule, regulation, or policy adopted pursuant to that Order, shall be a material breach of the terms of this subcontract. The party who fails to make the required disclosure or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the contractor. 3. No later than ten (10) days after entering into any agreement with a subcontractor, whether prior or subsequent to the contract date, I will mail a copy of the CONTRACT AND GRANT DISCLOSURE AND CERTIFICATION FORM completed by the subcontractor and a statement containing the dollar amount of the subcontract to the state agency. I certify under penalty of perjury, to the best of my knowledge and belief, all of the above information is true and correct and that I agree to th = subcontrac. or disclosure conditions stated herein. Signature Vendor Contact Person Dreg Tabor Title Mayor Title Chief of Police Date 7 f/7 c Phone No(479) 587-3500 Agency use only Agency Agency Agency Contact Contract Number Name Contact Person Phone No. or Grant No.