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HomeMy WebLinkAbout169-10 RESOLUTIONRESOLUTION NO. 169-10 A RESOLUTION AUTHORIZING ACCEPTANCE OF A 2010-2011 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AWARD IN THE AMOUNT OF $103,200.00 WITH A $79,200.00 LOCAL MATCH, 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 a 2010-2011 Selective Traffic Enforcement Program (STEP) grant award in the amount of $103,200.00, with a $79,200.00 local match. 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 5th day of October, 2010. APPROVED: ATTEST: By: By:an L 0 ' ELD JO 'ji AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ,,�11Y11 i19t�ifj0 ,O �K1TR�°°°° s U ° °-7-3 f. :FAYETTEVILLE: Ei +z® ®.N.. sy7. 9,Q�aNsY�''jb" �y n 1"1144dlli8910 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2010 Department: Police Division: Police Program: Police Projects Request Date 10/5/2010 Adjustment Number JUSTIFICATION TO INCREASE PROJECT / ITEM: Establish an expense budget for the 2010-2011 Selective Traffic Enforcement Program (STEP) grant adwarded by the Arkansas State Police Highway Safety Office. JUSTIFICATION TO DECREASE PROJECT / ITEM (OR RECOGNIZING REVENUE): Recognize revenue from the reimbursement of overtime and child safety seats from the 2010-2011 STEP grant. Increase Decrease Project.Sub Account Name Account Number Budget Budget Number State Grants - Operational 1010.0001.4302.01 12,000 08067 . 1011 Federal Grants - Operational 1010.0001.4309.01 91,200 08067. 1011 Personnel Services - Contra 1010.2920.5120.00 91,200 08067. 1011 Minor Equipment 1010.2920.5210.00 12,000 08067. 1011 TOTAL 103,200 103,200 Division Hea Bu•ge Direc Departmen Fin-nce Director ief . Staff yor Date Date Date 9_ is-z.o14 Date Date 1V'44 Date \\fpd\dfs\user\Admin\wnewman\Willie\BA Form 2010 - Blank Requested By !� A14, #NAME? Budget & Research Use Only Type: A B C E Description: General Ledger Date Posted to General Ledger Posted to Project Accounting 0 Initial Date Initial Date Greg Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 10/5/2010 City Council Meeting Date Agenda Items Only Patrol Division Action Required: Police Department Acceptance of the 2010-2011 Selective Traffic Enforcement Program (STEP) grant award in the amount of $103,200 with local in-kind matching requirement of $79,200 and approval of a budget adjustment in the amount of $103,200. 182,400.00 Cost of this request 1010-2920-5120.00 Account Number 08067-1011 Project Number Budgeted Item 182,400.00 Category / Project Budget Police STEP Grant 2010-2011 Program Category / Project Name Grant Funds Used to Date Program / Project Category Name 182,400.00 General Remaining Balance Fund Name Budget Adjustment Attached Dep ttorney Date Date - 15- z03 ld Finance and Internal Services Director Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City09-14-10 P02:54 RCVD Clerk's Office c( Comments: Revised January 15, 2009 ave evi le THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Members From: Greg Tabor, Chief of Police.�� Date: September 17, 2010 Subject: 2010-2011 Selective Traffic Enforcement Program (STEP) Award PROPOSAL: The Fayetteville Police Department has participated in the Selective Traffic Enforcement Program (STEP) every year since its inception in 1998. For thirteen (13) years, we have partnered through grant funding with the Arkansas Highway Safety Office in an effort to reduce the total number of motor vehicle crashes, injuries and fatalities. Our primary strategy for reaching our mutual goals is through diligent enforcement of occupant protection and DWI/DUI laws. This is accomplished by dedicating patrol officer(s) to monitor STEP activity for a given period of time in a known problem area. In addition to increased law enforcement, this grant funding allows us to participate in directed DWI mobilizations, Click It or Ticket protection mobilizations, provide child safety seat checkpoints, and a loaner child safety seat for those in need. The 2010-2011 STEP Grant Award is based on a local match of in-kind expenses in the amount of $79,200 and a grant award for $91,200 in federal and $12,000 in state funding. Local matching funds are only required on the federal funding portion and the state funding is considered a local match. In-kind expenses are defined as on -duty regular shift hours dedicated to STEP activity; furthermore, this grant will reimburse the City for overtime hours dedicated to STEP activity. The grant period for this award runs from October 1, 2010 to September 30, 2011. STEP is a very important program and funding source for the Fayetteville Police Department. Through dedicated STEP activity during our regular shift hours, our Department can meet the in- kind matching funds required of this grant award. Furthermore, the loss of this grant funding would have an adverse affect on community safety. RECOMMENDATION: Due to the many positive results, Staff recommends acceptance of the 2010-2011 STEP Grant Award and approval of a budget adjustment in the amount of $103,200. If you should have any comments or question regarding this grant application, please contact Chief Tabor or Capt. Brown at extension 500. BUDGET IMPACT: In-kind expenses in the amount of $79,200 are budgeted and $12,000 will be provided by the State for total matching funds of $91,200. Our patrol officers will be performing these traffic enforcement duties regardless of STEP Grant matching requirements. RESOLUTION NO. A RESOLUTION AUTHORIZING ACCEPTANCE OF A 2010-2011 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AWARD IN THE AMOUNT OF $103,200.00 WITH A $79,200.00 LOCAL MATCH, 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 a 2010-2011 Selective Traffic Enforcement Program (STEP) grant award in the amount of $103,200.00, with a $79,200.00 local match. 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 5th day of September, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Mike Beebe Governor ARKANSAS STATE POLICE COMMISSION Dr. Lewis Shepherd Chairman Arkadelphia John Allison Vice -Chairman Conway Steve G. Smith Secretary Little Rock Jane Christenson I-Iarrison Daniel 'Woody" Futrell Nashville Wallace Fowler Jonesboro Frank Guinn, Jr. Paragould State of Arkansas ARKANSAS STATE POLICE 1 State Police Plaza Drive Little Rock, Arkansas 72209-4822 www.asp.arkansas.gov "SERVING WITH PRIDE AND DISTINCTION SINCE 1935" September 10, 2010 Captain William K. Brown Project Coordinator Fayetteville Police Dept. 100-A W. Rock St. Fayetteville, AR 72701-6191 Re: OP -2011-03-02-11 K8-2011-08-06-11 SE -2011-13-01-11 K2-2011-14-02-11 Selective Traffic Enforcement Project (STEP) Dear Captain Brown: Winford E. Phillips Director The above referenced FY 2011 Subgrant Agreement is enclosed for your review and signature. The Subgrant Agreement/Contract Terms (revised 9/1/10) and Common Rule for this program are made a part of this agreement and should be kept in your agency's file with your copy of the signed agreement. The agreement may not include all items presented in your proposal. Only those activities included in the agreement are eligible for reimbursement. Please return the signed agreement (keep the enclosed Subgrant Agreement/Contracts Terms and Common Rule) to our office no later than September 24, 2010. We will send you a copy of the fully executed agreement. We look forward to working with your agency during the upcoming year. Sincerely, Bridget White Administrator Highway Safety Office Enclosure C: Agreement/Contract File Mike Beebe Governor ARKANSAS STATE POLICE COMMISSION Dr. Lewis Shepherd Chairman Arkadelphia John Allison Vice -Chairman Conway Steve G. Smith Secretary Little Rock. Banc Christenson Harrison Daniel "Woody" Futrell Nasbrelkr Wallace I'owler /our-rbora Frank Guinn, fir. Panikoold State of Arkansas ARKANSAS STATE POLICE 1 State Police Plaza Drive Little Rock, Arkansas 72209-4822 www.asp.arkansas.gov "SERVING WITH PRIDE FIND DISTINCTION SINCE 1935" October 14, 2010 Captain William K. Brown Project Coordinator Fayetteville Police Dept. 100-A W. Rock St. Fayetteville, AR 72701 RE: OP -2011-03-02-11 K2-2011-14-02-11 SE -2011-13-01-11 K8-2011-08-06-11 Selective Traffic Enforcement Project Dear Captain Brown: Winford E. Phillips Director Enclosed is a signed copy of the above referenced agreement for your files. Enclosure C: Agreement File Sincerely, lOt_Ce Bridget White Administrator Highway Safety Office Mike Beebe Governor State of Arkansas ARKANSAS STATE POLICE 1 State Police Plaza Drive Little Rock, Arkansas 72209-4822 www.asp.arkansas.gov "SERVING WITH PRIDE AND DISTINCTION SINCE 1935" FY 2011 HIGHWAY SAFETY SUBGRANT AGREEMENT OCCUPANT PROTECTION PROGRAM ALCOHOL & OTHER DRUGS COUNTERMEASURES PROGRAM SPEED ENFORCEMENT PROGRAM RECIPIENT Fayetteville Police Department 100-A West Rock Street Fayetteville, Arkansas 72701 GOVERNMENTAL UNIT Fayetteville Police Depaillnent 100-A West Rock Street Fayetteville, Arkansas 72701 Winford E. Phillips Director Telephone: (479) 587-3500 PROJECT NO. OP -2011-03-02-11 Fax: (479) 587-3522 K2-2011-14-02-11 SE -2011-13-01-11 K8-2011-08-06-11 TYPE OF APPLICATION TAX ID NO. 71-6018462 Initial: Revision: PROJECT TITLE Continuation: X Selective Traffic Enforcement Project INITIAL PROJECT STARTING DATE OPERATIONAL AREA OF PROJECT October 1, 1998 City of Fayetteville AMOUNT COST CATEGORY FEDERAL STATE LOCAL PROJECT PERIOD FUNDING PERIOD Personal Services $91,200 $54,650 From: 10-1-2010 From: 10-1-2010 Equipment To: 9-30-2011 To: 9-30-2011 Maintenance & 24,550 FUNDING Operation SOURCE AMOUNT Other Direct Costs $12,000 Federal $91,200 Indirect Costs State 12,000 Administrative Costs Local 79,200 Total $91,200 $12,000 $79,200 Total $182,400 Page 1 of 22 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT INDEX Item Page 1. Title Page 1 2. Index Page 2 3. Background, Problem Statement, Goal Statement 3 4. Scope of Work 4 5. Certifications and Assurances 5 - 13 6. Work Statement 14 - 18 7. Subgrantee Invoice Forms 19 - 21 8. Signature Sheet 22 9. Sub -grant Agreement/Contract Terms Appendix i 10. DOT Common Rule (49 CFR, Part 18) Appendix ii AGREEMENT PREPARED BY: Nick Collins TITLE: Program Manager ADDRESS: Arkansas State Police Arkansas Highway Safety Office 1 State Police Plaza Drive Little Rock, AR 72209 PHONE: (501) 618 - 8137 FAX: (501) 618 - 8124 Page 2 of 22 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT PROBLEM AND GOALS BACKGROUND The State of Arkansas is taking increased steps to address safety on the State's roadways as part of an effort to implement innovative strategies to reduce traffic fatalities throughout the State. The Arkansas Highway Safety Office (AHSO) considers safety issues by focusing on behavioral aspects at the driver level. The goal is to reduce highway fatalities by better identifying driver behaviors that cause fatal crashes, implementing programs to address those behaviors and targeting locations where fatal crashes occur. Based on a five-year average (2004 — 2008), 654 people lose their lives each year on Arkansas roadways. In 2008, there were 600 total traffic fatalities compared to 649 the previous year. Over the past five years, alcohol-related fatalities (fatalities involving a driver or motorcycle operator with a BAC of .08 or greater) averaged 187 per year. In 2008, there were 171 such alcohol-related fatalities. This is a decrease of 10 from the previous year. An additional area of concern is occupant protection where in 2008 there were 265 unrestrained passenger vehicle occupant fatalities. In 2008, Arkansas' safety belt use rate was 70.4%, while the National use rate stood at 83%. However, Arkansas' safety belt use rate increased to 74.4% in 2009. Also of concern are speed -related fatalities where in 2008, 63 people died as a result of speed -related crashes. Strict enforcement of the State's traffic laws, through Selective Traffic Enforcement Projects (STEP), has been proven effective in reducing traffic crashes and fatalities. The State will continue to use this strategy to address its traffic safety problems. PROBLEM STATEMENT The city of Fayetteville is a community of 72,208 residents having a geographical size of 43.4 square miles. The city posted 38 traffic fatalities from 2004 through 2008, and of those 21 were alcohol- related and 3 were speed -related. A seat belt use rate of 80% was recorded in 2009. In 1998 the Fayetteville Police Department began a proactive approach to collision reduction which included implementation of the STEP through a grant with the AHSO. The Department wishes to continue to operate aggressive and sustained selective traffic enforcement, as well as, participate in the State's Impaired Driving, Seat Belt, and Speed mobilizations/campaigns. GOALS The overall goal of this project is to reduce the number of traffic -related crashes and fatalities by conducting a selective traffic enforcement project in Fayetteville. The goal for each component of this project is as follows: Alcohol Component (Section 410) — Reduce the annual number of alcohol-related crashes from 95 and alcohol-related fatalities from 4 as recorded in 2008. Seat Belt Component (Section 402 and 405) — Increase seat belt use from 80% as recorded in 2009. Speed Component (Section 402) - Reduce the annual number of speed -related crashes from 150 and speed -related fatalities from one as recorded in 2008. Page 3 of 22 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT SCOPE OF WORK SUMMARY OF PROJECT OBJECTIVES: This project's primary objectives are to achieve an average of three vehicle stops per hour per officer during seat belt enforcement (with an emphasis on enforcement of occupant restraint laws), three vehicle stops per officer during speed enforcement, and one DWI/DUI arrest per eight (8) hours per officer during alcohol enforcement. A public information and education program will support these objectives. METHOD OF EVALUATION BY ASP/HSO ADMINISTRATIVE: X IMPACT EVALUATION: X By achievement of performance standards. REIMBURSEMENT - ACTUAL COST ONLY ASP/HSO will reimburse the recipient an amount equal to % of all eligible cost. X ASP/HSO will reimburse the recipient an amount equal to all eligible costs as identified in work statement. REIMBURSEMENT LIMITS 1. Maximum amount eligible for reim- bursement: Federal Funds: $91,200 State Funds: $12,000 2. Only those orders placed and costs incurred during the following time period shall be eligible for reimburse- ment: (Date) 10-1-2010 to (Date) 9-30-2011 3. The recipient must bear all costs not eligible for Federal reimbursement. Federal and State regulations shall be the basis for determining eligibility of costs, as detailed in the General Provisions and Subgrant Agreement/Contract Terms. This agreement may be amended only by written notice in advance and in accordance with ASP/HSO policy. (See Subgrant Agreement/Contract Terms) Page 4 of 22 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFICATIONS AND ASSURANCES Failure to comply with applicable Federal statutes, regulations and directives may subject sub -grantee officials to civil or criminal penalties and/or place the sub -grantee in a high risk grantee status in accordance with 49 CFR 18.12. Each fiscal year the sub -grantee by signing this agreement acknowledges that all provisions of these Certifications and Assurances apply and the sub -grantee complies with all applicable Federal statutes, regulations, and directives in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but not limited to, the following: • 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended • 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Chapter II - (§§1200, 1205, 1206, 1250, 1251, & 1252) Regulations governing highway safety programs • NHTSA Order 462-6C - Matching Rates for State and Community Highway Safety Programs • Highway Safety Grant Funding Policy for Field -Administered Grants Certifications and Assurances Section 402 Requirements The Governor is responsible for the administration of the State highway safety program through a State highway safety agency which has adequate powers and is suitably equipped and organized (as evidenced by appropriate oversight procedures governing such areas as procurement, financial administration, and the use, management, and disposition of equipment) to carry out the program (23 USC 402(b) (1) (A)); The political subdivisions of this State are authorized, as part of the State highway safety program, to carry out within their jurisdictions local highway safety programs which have been approved by the Governor and are in accordance with the uniform guidelines promulgated by the Secretary of Transportation (23 USC 402(b) (1) (B)); At least 40 per cent of all Federal funds apportioned to this State under 23 USC 402 for this fiscal year will be expended by or for the benefit of the political subdivision of the State in carrying out local highway safety programs (23 USC 402(b) (1) (C)), unless this requirement is waived in writing; This highway safety program provides adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks (23 USC 402(b) (1) (D)); Page 5 of 22 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT Certifications and Assurances The State will implement activities in support of national highway safety goals to reduce motor vehicle related fatalities that also reflect the primary data -related crash factors within the State as identified by the State highway safety planning process and the sub -grantee will support these activities, including: • National law enforcement mobilizations, • Sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits, • An annual statewide safety belt use survey in accordance with criteria established by the Secretary for the measurement of State safety belt use rates to ensure that the measurements are accurate and representative, • Development of statewide data systems to provide timely and effective data analysis to support allocation of highway safety resources. The sub -grantee is encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (23 USC 402 (b)(1)(E). Other Federal Requirements Cash drawdowns will be initiated only when actually needed for disbursement. 49 CFR 18.20 Cash disbursements and balances will be reported in a timely manner as required by NHTSA. 49 CFR 18.21 The same standards of timing and amount, including the reporting of cash disbursement and balances, will be imposed upon any secondary recipient organizations. 49 CFR 18.41 Failure to adhere to these provisions may result in the termination of drawdown privileges. The State has submitted appropriate documentation for review to the single point of contact designated by the Governor to review Federal programs, as required by Executive Order 12372 (Intergovernmental Review of Federal Programs); Equipment acquired under this agreement for use in highway safety program areas shall be used and kept in operation for highway safety purposes by the State; or the State, by formal agreement with appropriate officials of a political subdivision or agency, shall cause such equipment to be used and kept in operation for highway safety purposes 23 CFR 1200.21. The sub -grantee will comply with this provision. The sub -grantee will comply with all applicable State procurement procedures and will maintain a financial management system that complies with the minimum requirements of 49 CFR 18.20; Page 6 of 22 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT Certifications and Assurances Federal Funding Accountability and Transparency Act The State will report for each sub -grant awarded: • Name of the entity receiving the award; • Amount of the award; • Information on the award including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source; • Location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country; and an award title descriptive of the purpose of each funding action; • A unique identifier (DUNS); • The names and total compensation of the five most highly compensated officers of the entity if-- of the entity receiving the award and of the parent entity of the recipient, should the entity be owned by another entity; (i) the entity in the preceding fiscal year received— (I) 80 percent or more of its annual gross revenues in Federal awards; and(II) $25,000,000 or more in annual gross revenues from Federal awards; and(ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986; • Other relevant information specified by the Office of Management and Budget in subsequent guidance or regulation. The sub -grantee will provide any required information to comply with these provisions. The sub -grantee will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794) and the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq.; PL 101-336), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (0 the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse of alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; Page 7 of 22 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT Certifications and Assurances The Civil Rights Restoration Act of 1987, which provides that any portion of a state or local entity receiving federal funds will obligate all programs or activities of that entity to comply with these civil rights laws; and, (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. BUY AMERICA ACT The sub -grantee will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)) which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably available and of a satisfactory quality; or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCH ACT) The sub -grantee will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The recipient certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing 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 connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing 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 connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Page 8 of 22 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT Certifications and Assurances This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION Instructions for Primary Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the depaitinent or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the depai tment or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the depaitinent or agency to which this proposal is submitted if at any time the prospective primary participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Page 9 of 22 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT Certifications and Assurances 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the depaitinent or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary 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 proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary 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," provided by the department or agency entering into this covered transaction, without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. 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 proposed for debarment under 48 CFR Part 9, subpart 9.4, 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, but is not required to, check the list of Parties Excluded from Federal Procurement and Non -procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required 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. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Page 10 of 22 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT Certifications and Assurances Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection 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 record, 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 application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Certification 1. By signing and submitting this proposal, the prospective 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 certification, in addition to other remedies available to the Federal government, the depaitinent 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 transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. Page 11 of 22 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT Certifications and Assurances 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 proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, 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 is 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. (See below) 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 proposed for debarment under 48 CFR Part 9, subpart 9.4, 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, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required 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 proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily 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. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal depai tiiient or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Page 12 of 22 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT Certifications and Assurances POLICY TO BAN TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to: (1) Adopt and enforce workplace safety policies to decrease crashed caused by distracted driving including policies to ban text messaging while driving— a. Company-owned or –rented vehicles, or Government-owned, leased or rented vehicles; or b. Privately -owned when on official Government business or when performing any work on or behalf of the Government. (2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as – a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. ENVIRONMENTAL IMPACT The authorizing official for this project has reviewed this agreement and hereby declares that no significant environmental impact will result from implementing this project. If, under a future revision, this project will be modified in such a manner that it would be instituted and could affect environmental quality to the extent that a review and statement would be necessary, this office is prepared to take the action necessary to comply with the National Environmental Policy Act of 1969 (42 USC 4321 et seq.) and the implementing regulations of the Council on Environmental Quality (40 CFR Parts 1500-1517). AUDIT REQUIREMENTS The recipient will arrange for an organization -wide financial and compliance audit, if required by OMB Circular A-133, within the prescribed audit reporting cycle. The audit report must separately identify highway safety funds from other Federal funds. One (1) copy of the report will be furnished to the Arkansas State Police Highway Safety Office within three months of the report date. Failure to furnish an acceptable audit as determined by the cognizant Federal audit agency may be a basis for denial and/or refunding of Federal funds. A copy of A-133 is available on request. The recipient has been made aware of audit requirements. Page 13 of 22