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HomeMy WebLinkAbout174-14 RESOLUTIONRESOLUTION NO. 174-14 A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2014-2015 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AWARD IN THE AMOUNT OF $116,900.00, AND TO APPROVE 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 2014-2015 Selective Traffic Enforcement Program (STEP) grant award in the amount of $116,900.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, recognizing the revenue. PASSED and APPROVED this 7ch day of October, 2014. "`• "s ATTEST: By: 14M I&, jllu-& SONDRA E. SMITH, City Clerk/Treasurer °C,\T Y O X, FAYETTEVILLE s ° AN`oP.`".` To i i► O"`` City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 479-575-83 TDD - ( 479-521-1316 Text File File Number: 2014-0402 Agenda Date: 10/7/2014 Version: 1 Status: Agenda Ready In Control: City Council File Type: Resolution Agenda Number: A. 4 A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2014-2015 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AWARD IN THE AMOUNT OF $116,900.00, AND TO APPROVE 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 2014-2015 Selective Traffic Enforcement Program (STEP) grant award in the amount of $116,900.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, recognizing this revenue. City of Fayetteville, Arkansas Page 1 Printed on 10/9/2014 Greg Tabor Submitted By City of Fayetteville Staff Review Form 2014-0402 Legistar File ID 10/7/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/18/2014 Police / Police Department Submitted Date Division / Department Action Recommendation: Approval of the FY2015 Selective Traffic Enforcement Project (STEP) grant award and budget adjustment in the amount of $116,900. 1010.2920.various Account Number 38067-1415 Project Number Budgeted Item? Yes Does item have a cost? NA Budget Adjustment Attached? Yes Budget Impact: General Fund Police STEP Grant 2014-2015 Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 70,311.00 $ 47,089.33 23,221.67 $ 116,900.00 $ 140,121.67 V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF 01-1 F. tp—v,Iffle AKANSAS MEETING OF OCTOBER 7, 2014 TO: Mayor and City Council FROM: Greg Tabor, Chief of Police CITY COUNCIL AGENDA MEMO DATE: September 18, 2014 SUBJECT: FY2015 Selective Traffic Enforcement Program (STEP) Grant Award RECOMMENDATION: Due to the many positive results, staff recommends approval of the FY2015 Selective Traffic Enforcement Program (STEP) Grant Award and budget adjustment in the amount of $116,900. If you should have any comments or questions regarding this grant award, please contact myself or Captain Turberville at extension 500. BACKGROUND: The Fayetteville Police Department has participated in STEP every year since its inception in 1998. For seventeen (17) 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 dedicated and 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 patrols, Click It or Ticket protection mobilizations, purchase additional equipment, provide child safety seat checkpoints, and a loaner child safety seat for those in need. DISCUSSION: The FY2015 STEP Grant Award is based on local in -kind match of expenses and an award of $101,900 in federal and $15,000 in state grant funding. Local matching funds are only required on the federal funding portion and the state funding is considered local match resulting in a total of $86,900 for Fayetteville's local in -kind match. In -kind expenses are defined as on - duty regular patrol 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, 2014 to September 30, 2015. STEP is a very important program and funding source for the Fayetteville Police Department. Through dedicated STEP activity during our 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 effect on community safety. Mailing Address: 113 W. Mountain Street voww.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: In -kind expenses in the amount of $86,900 are budgeted annually within our operating budget and $15,000 will be provided by the State for total matching funds of $101,900. Our salary expense will not increase; patrol officers will perform matching STEP activities while on duty. Furthermore, no additional officers are required within the STEP grant. Attachments: Budget Adjustment FY2015 STEP Grant Award Documents 2 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division: Police Adjustment Number 2014 Dept.: Police Requestor: Willie Newman BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Establish revenue and expense budget in recognition of the FY2015 Selective Traffic Enforcement Project (STEP) grant award. RESOLUTION/ORDINANCE COUNCIL DATE: 10/7/2014 LEGISTAR FILE ID#: 2014-0402 ]Ce�v%wSpv'%vu�ev' 9/1 V2014 4:00 PM Budget Director Date TYPE: DESCRIPTION: GLDATE: POSTED: TOTAL Account Number 116,900 116,900 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub AT v.20140829 Account Name 1010.0001.4302.01 - 15,000 38067 1415 RE State Grants - Operational 1010.0001.4309.01 1010.2920.5120.00 - 94,700 101,900 - 38067 1415 RE 38067 1415 EX Federal Grants - Operational Personnel Services - Contra 1010.2920.5210.00 22,200 - 38067 1415 EX Minor Equipment C:\Users\dmccoy\AppData\Roaming\L5\Temp\649aO604-da59-4982-8994-61998eccOf57 1 of 1 State of Arkansas •_-U i ,Ts ~. A�°tKANSAS STATE POLICE -� 1 state Police Plaza Drive Little Rock, Arkansas 72209-4822 www.asp.arkansas.gov Star Witt Mike Beebe Dire Governor "SERVING WITH PRIDE AND DISTINCTION SINCE 1Director FY 2015 HIGHWAY SAFETY SUBGRANT AGREEMENT OCCUPANT PROTECTION PROGRAM ALCOHOL & OTHER DRUGS COUNTERMEASURES PROGRAM SPEED ENFORCEMENT PROGRAM DISTRACTED DRIVING INCENTIVE GRANT PROGRAM RECIPIENT Fayetteville Police Department i 00-A West Rock Street Fayetteville, Arkansas 72701 Telephone: (479) 587-3500 Fax: (479) 587-3522 TYPE OF APPLICATION Initial: Revision: Continuation: X INITIAL PROJECT STARTING DATE October 1, 1999 GOVERNMENTAL UNIT City of Fayetteville 100-A West Rock Street Fayetteville, Arkansas 72701 PROJECT NO. OP-2015-03-02-10 SE-2015-13-01-10 MEDDLE-2015-08-02-10 M5X-2015-05-06-10. TAX ID NO. 71-6018462 PROTECT TITLE Selective Traffic Enforcement Project OPERATIONAL AREA OF PROJECT City of Fayetteville AMOUNT COST CATEGORY FEDERAL, STATE LOCAL PROJECT PERIOD FUNDING PERIOD Personal Services $94,700 $86,900 From: 10-1-2014 From: 10-1-2014 Equipment 7,200 To: 9-30-2015 To: 9-30-2015 Maintenance & Operation FUNDING SOURCE AMOUNT Other Direct Costs $15,000 Federal $101,900 Indirect Cost State $ 15,000 Administrative Costs Local $ 86,900 Total 1 1 40 15 000 86,900 Total 20 800 Page 1 of 23 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 ------------------------------------------- 14-19 7. SubgranteeInvoiceForms------------------------------------ 20-22 8. Signature Sheet ------------------------------------------- 23 9. Sub -grant Agreement/Contract Terms - - - - - - - - - - - - - - - - - - - - - - - - - -- Appendix i 10. DOT Common Rule (49CFR, Part 18)--------------------------- Appendixii AGREEMENT PREPARED BY: TITLE: ADDRESS: PHONE: FAX: Nick Collins Program Manager Arkansas State Police Highway Safety Office 1 State Police Plaza Drive Little Rock, AR 72209 (501) 618-8137 (501) 618-8124 Page 2 of 23 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 (2008 — 2012), 574 people lose their lives each year on Arkansas roadways. In 2012, there were 552 total traffic fatalities compared to 551 the previous year. Over the same five years, alcohol -related fatalities (fatalities involving a driver or motorcycle operator with a BAC of .08 or greater) averaged 164 per year. There were 143 alcohol -related fatalities in 2012. An additional area of concern is occupant protection where in 2012 there were 207 unrestrained passenger vehicle occupant fatalities. In 2012, Arkansas' safety belt use rate was 71.9%, while the National use rate stood at 86%. Arkansas' safety belt use rate rose to 76.7% in 2013. Also of concern are speed -related fatalities where in 2012, 76 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 43.40 square miles. The cities posted 30 traffic fatalities from 2008 through 2012 and of those 12 were alcohol - related and four were speed -related. A seat belt use rate of 91% was recorded in 2013. In October, 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 Distracted Driving 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 405) - Reduce the annual number of alcohol -related crashes from 176 and alcohol -related fatalities from I as recorded in 2012. Seat Belt Component (Section 402) -Increase seat belt use from 91 % as recorded in 2013. Speed Component (Section 402) - Reduce the annual number of speed -related crashes from 60 and maintain the number of speed -related fatalities at 0 as recorded in 2012. Page 3 of 23 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 (3) vehicle stops per hour per officer during seat belt enforcement (with an emphasis on enforcement of occupant restraint laws); three (3) vehicle stops per hour per officer during speed enforcement; one (1) DWI/DUI arrest per eight (8) hours per officer during alcohol enforcement; and three (3) stops per hour during Distracted Driving enforcement (emphasis on enforcement of texting and cell phone laws). 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 REIMBURSEMENT LIMITS ASP/AHSO will reimburse the recipient an 1. Maximum amount eligible for reim- amount equal to % of all' eligible bursement: cost. Federal Funds: $101,900 State Funds: $ 15,000 X ASP/AHSO will reimburse the recipient an amount equal to all eligible costs as identified in work statement. 2. Only those orders placed and costs incurred during the following time period shall be eligible for reimburse- ment: (Date) 10-1-2014 to (Date) 9-30-2015 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/AHSO policy. (See Subgrant Agreement/Contract Terms). Page 4 of 23 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 all provisions of these Certifications and Assurances and that 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 part 1200 -- Uniform Procedures for State Highway Safety Programs Federal Funding Accountability and Transparency Act (FFATA) The State will corriply-with FFATA guidance, OMB Guidance on FFATA Subaward and Executive Compensation Reporting, August 27, 2010, https://www.fsrs.gov/documents/OMB Guidance on FFATA Subaward and Executive Co_m_nens ation Reporting_08272010.pdf by reporting to FSRS.gov 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 naives 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 OMB guidance. Page 5 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFJCA-TJONS AND ASSURANCES Non -Discrimination 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. §§), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 Pub. L. 100-259), which requires Federal -aid recipients and all sub recipients to prevent discrimination and ensure non-discrimination in all of their programs and activities (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse of alcoholism; (h) §§ 523 and 527 of the Public HealthServiceAct 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; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.) relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; 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. 53230)) 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. Page 6 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFICATIONS AND ASSURANCES CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned 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. 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 Prima Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. Page 7 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFICATIONS AND ASSURANCES _ 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 department 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 department or agency may terminate this transaction for cause or default. 4. The .prospective primary participant shall provide immediate written notice to the department 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. 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 department 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 bywhich 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. Page 8 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRA.NT AGREEMENT CERTIFICATIONS AND ASSURANCES 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. 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 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. Page 9 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFICATIONS AND ASSURANCES__ _ 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. 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. Certi ication Regarding Debarment Suspension, Ineli ibil` and Volunta 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 department 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 10 of 23 ARKA.NSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFICATIONS AND ASSURANCES Policy on Seat Belt Use In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16 1997, the Grantee is encouraged to adopt and enforce on -the job seat belt use policies and programs for its employees when operating company -owned, rented, or personally owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information on how to implement such a program, or statistics on the potential benefits and cost -savings to your company or organization, please visit the Buckle Up America section on NHTSA's website at www. Nhtsa.dot.gov. Additional resources are available from the Network of Employers and employees. NETS is prepared to provide technical assistance, a simple, user-friendly program kit, and an award for achieving the President's goal of 90 percent seat belt use. NETS can be contacted at 1 (888) 221- 0045 or visit its website at www.traffiesafety.org. 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) Page 1 I of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFICATIONS AND ASSURANCES Section 402 Requirements as amended bY Pub. L. 112-141 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 percent 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 State's highway safety program provides adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs constnicted or replaced on or after July 1, 1476, at all pedestrian crosswalks (23 USC 402(b) (1) (D)); The State Highway Safety Program provides for an evidence -based traffic safety enforcement program to prevent traffic violations, crashes, and crash fatalities and injuries in areas most at risk for such incidents (23 U.S.C. 402 (b)(1)(E)) 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: • Participation in the National high -visibility law enforcement mobilizations, • Sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits; • An annual statewide seat belt use survey in accordance with 23 CFR Part 1340 for the measurement of State safety belt use rates; • Development of statewide data systems to provide timely and effective data analysis to support allocation of highway safety resources; • Coordination of Highway Safety Plan, data collection, and information systems with the State strategic highway safety plan, as defined in section 23 U.S.C. 148 (a). 148(a). (23 U.S.C. 402 (b)(1)(F)) Page 12 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT -_-CERTIFICATIONS-AND_ASSURANCES__ Law enforcement agencies only- the Subgrantee is hereby encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (23 U.S.C. 402(j)). 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 State 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 Subgrantee 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. 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 fiends from other Federal funds. One (1) copy of the report will be furnished to the Arkansas State Police Highway Safety Office (ASP-HSO) 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. The recipient is required to inform the ASP-HSO if subject to A-133 audit requirements. Page 13 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT -- _ _WORK STATEMENT A. The recipient, Fayetteville Police De artment, in exchange for consideration- offered by the Arkansas State Police Highway Safety Office, hereafter referred to as the Arkansas Highway Safety Office (AHSO), and in the interest of improving highway safety, hereby agrees to pursue the achievement of the following objectives: 1. Appoint a Project Coordinator to be a liaison between the recipient and the (AHSO) and to be responsible for coordinating selective enforcement activities and financial transactions associated with this subgrant agreement. Herein, give signature authorization for the Project Coordinator to request reimbursement and agreement change orders when applicable. Compensation for the Project Coordinator will be from local funds. 2. _ Ensure that the Project Coordinator, or designee, has successfully completed the Arkansas Highway Safety Office Project Management Course if offered. This course will provide information and updates on State, Federal and Highway Safety Office policies and procedures. Travel, meals and lodging will be reimbursed for eligible participants. Participants will be notified of the specific dates and location of this course. 3. Ensure that agency maintains an.enforced seat belt policy and provides the AHSO a copy of any revisions to the policy. 4. Conduct selective enforcement of the State's seat belt, driving while intoxicated (DWI)/driving under the influence (DUI), distracted driving (texting and cell phone use laws), speed limit, child passenger protection and motorcycle helmet laws. Officers are to ensure compliance with the State's seat belt and child restraint laws during all vehicle stops. Enforcement should target locations where fatal/serious injury crashes are occurring. Seat belt enforcement (from 6:00 a.m. until 9:00 p.m.) will emphasize enforcement of seat belt and child restraint Iaws. The primary reason for stops shall be for unrestrained vehicle occupants. Therefore, the majority of vehicle stops and citations written shall be for seat belt and/or child restraint violations. The goal of seat belt enforcement is to raise seat belt use; therefore, seat belt citations versus warnings are expected. Seed enforcement (from 6:00 a.m. until 9:00 p.m.) will emphasize speed violations. It may be conducted throughout the year, but is limited to the amount of funds budgeted to speed enforcement. DWI/DUI enforcement will start no earlier than 9:00 p.m. and end no later than 6:00 a.m. any day of the week provided the performance standard in Work Statement 6 is met. Distracted Driving enforcement (from 6:00 a.m. until 9:00 p.m.) will emphasize enforcement of texting and ceII phone laws and may only be conducted during the Distracted Driving mobilization referenced in Work Statement 7. The AHSO retains the right to limit or modify enforcement hours and days at its discretion and as necessary to meet performance compliance requirements. Officers working on the project are expected to enforce all the laws cited in this agreement during seat belt, speed, distracted driving and DWI/DUI enforcement. Participating officers are expected to average two vehicle stops per hour when not actively processing a DWI arrest during DWI enforcement. Page 14 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK -STATEMENT b_ Performance standards for the proiect and individual participating officers are as follows: Seat Belt/Speed DWI/DUI Distracted Driving Average 3 stops per Average 1 arrest per Average 3 stops per hour per officer 8 hours per officer hour per officer 7. Participate in two (2) Seat Belt, three (3) DWI/DUI, and one (1) Distracted Driving mobilization during the project period. Must participate in the public information and education (PI&E) activities (press conferences/news releases) in conjunction with the mobilization activities. An informal seat belt survey conducted by the agency will also precede and follow each seat belt mobilization for evaluation purposes. The mobilizations dates are as follows: • State Thanksgiving Seat Belt Mobilization - November 24 - 30, 2014 • National Winter DWI Mobilization -December 12, 2014 -January 1, 2015* • State Distracted Driving Mobilization -April 13 - 19, 2015 • National Memorial Day Seat Belt Mobilization - May 18 - 31, 2015 • State July 4t' Holiday DWI Mobilization -June 29 -July 5, 2015 « National Labor Day DWI Mnbili7ation - August 21 - September 7, 2015* Note: Dates are subject to change. *Conduct checkpoints and/or saturation patrols on at least four nights during the National DWI mobilizations. Participation in all State and National Mobilizations is a required activity of this grant agreement. Project activity should be managed to ensure that sufficient funds are available to participate in these mobilizations. The amount of speed enforcement conducted by the project is limited to the SE funds budgeted. 405M8DDLE funds are designated exclusively for the Distracted Driving Mobilization. Submit a mobilization report within 15 days after a mobilization period in accordance with the format provided by the AHSO. Agency is urged to participate in sobriety checkpoints and/or saturation patrols during all DWI/DUI mobilizations. Page 15 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT 8. Conduct other PI&E activities to support the objectives of this project. These activities will include, but are not limited to, issuing a news release at the beginning of the project period to notify the community of the project activities, conducting a minimum of two media exposures for each mobilization e.g., news conferences, news releases, interview, reporter ride -along and participating in a minimum of two (2) other community activities e.g., community events, health fairs, booths, civic/school/employer presentations during the year. 9. The only costs eligible for reimbursement are selective enforcement (which includes officer pay and applicable benefits), child safety seats (see Work Statement 10) and pre -approved equipment (see Work Statement 11). The recipient will be reimbursed for officers working selective traffic enforcement at a rate that does not exceed one and one-half times the officer's regular hourly rate. Reimbursement is limited to one officer per patrol vehicle. Officers may also be compensated at the selective enforcement rate for hours spent conducting seat belt surveys associated with mobilizations and time spent working at clinics associated with the proper installation of child safety seats. Hours spent conducting seat belt surveys, participating in sobriety checkpoints, or working at child safety seat clinics will not be used when calculating ____enforcement performance and should be reported separately on the supplemental monthly report form. Officers compensated through this agreement shall work strictly within the scope of this project while performing duties in connection with and being funded by this agreement. Hours worked on and compensated through this agreement must not supplant (be a substitute for) regular officer hours and pay. Routine patrol functions, including crash investigations, will be assigned to personnel on regular duty. Should a project officer become involved in routine patrol functions while conducting selective enforcement, the officer will be compensated from other funds. No part-time personnel can be compensated through this agreement Note: Consistent with federal guidelines officers working Selective Enforcement should be compensated in accordance with recipient overtime policy and nothing in this agreement should be interpreted as authority to violate agency policy. Submit to the AHSO any revisions to agency overtime policy within 30 days of the effective date of the revision. 10. If child safety seats are an approved budget line item on the invoice forms, purchase and loan child safety seats in accordance with AHSO policy. Seats must be purchased no later than February 28, 2015. Invoices for the seats must be submitted to the AHSO within 30 days of Rurchase. All purchases must be in compliance with federal, state and local purchasing laws and regulations. if. If equipment is an approved budget line item on the invoice forms, purchase the following equipment to assist with the enforcement effort: 10 Portable Breath Testers at an estimated cost of $4,500.00 and One Handheld Electronic Tic Leting S stem at an estimated cost of $2,700.00 to be used during overtime traffic enforcement. Priority use of this equipment shall be given to those officers actively working STEP enforcement. Assurance is provided herein that throughout the life expectancy of this equipment, it will be used for the purposes expressed or implied in this agreement. All purchases must be in compliance with federal, state and local purchasing laws and regulations and if applicable, be listed on the National Highway Traffic Safety Administration's current Conforming Products List of Evidential Breath and Speed Measurement Devices. ALL equipment purchases must be pre -approved in writing. Page 16 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT W-ORKSTATEMENT 12. Ensure that all officers working on this project have successfully completed the National Highway Traffic Safety Administration's approved courses on occupant protection usage and enforcement (OPUE) or traffic occupant protection strategies (TOPS) training and standardized field sobriety testing (SFST) during the project period. 13. Ensure that all officers working this project are familiar with Act 308 of 2009 (the amended mandatory seat belt law). Effective .tune 30, 2009, the Act makes a violation of the mandatory seat belt law a "primary" offense for enforcement purposes. 14. Ensure that all officers working on this project are familiar with Act 470 of 2001 (the amended "Child Passenger Protection Act"). Effective August 13, 2001, children under the age of fifteen (15) years must be restrained and any child under six (6) years of age and under sixty (60) pounds in weight must be restrained in a child safety seat. Violation of this Act is a primary offense, meaning that a vehicle may be stopped if there is probable cause to believe that the law is being violated. 15. Ensure that all officers working on this project are familiar with Act.561 of 2001 (the ".08 BAC law"). Persons arrested for violation of Arkansas Code Annotated 5-65-103 and 5-56-205 shall be determined to be DWI arrests. Youthful offenders arrested for violation of Arkansas Code Annotated 5-65-303 shall be determined to be DUI arrests. 16. Ensure that all officers working on this project are familiar with Acts concerning the use of the cell phone while driving: Act 181 of 2009, "Paul's Law" prohibiting the use of hand held cell phones for typing, texting, e-mail or accessing the internet while driving; Act 197 of 2009, limiting wireless telephone use.by young drivers: Act 247 of 2009, prohibiting wireless telephone use by drivers under eighteen years of age and drivers who are at least eighteen but under twenty- one years of age from using handheld wireless telephones (allows drivers who are at least eighteen but under twenty one years of age to use hands -free wireless telephones or devices); and Act 37 of 2011, an act to improve the safety of highways and roads by prohibiting wireless telephone use in school zones and highway work zones. 17. Ensure department implements policies and internal controls to prevent fraud and misuse of grant funds. Page 17 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT . WORK.STATEMENT 18. Submit monthly reimbursement requests, local match reporting form and activity reports, including PI&E activities, along with a cover letter(s) by the 15' of the subsequent month in accordance with formats provided by the AHSO. Also include with the reimbursement requests as back-up supporting documentation, payroll summary sheets which accurately reflects payroll disbursed by the agency for STEP for the time period requested and invoices for any eligible items purchased i.e. child safety seats) along with proof of payment i.e. copy of the check. The summary sheets must record each officer who worked, dates they worked, number of hours worked for each date, regular and overtime pay rates, applicable fringe rates and be signed by both the project coordinator and an agency payroll or fiscal department representative. An Annual Project Activity Report will be submitted in accordance with the format provided by the AHSO. Include with the annual report a tabulation of local funds contributed (50% required) to this project. This annual report and the final reimbursement request are due within 30 days following the end of the project period. Final reimbursement will not be made until a satisfactory Annual report is submitted. 19. Create a project file for maintaining the agreement and financial documents. The file will contain a copy of this agreement, agreement terms, related AHSO policies and procedures, policies or procedures of the recipient related to this project's activities, copies of monthly activity reports, AHSO STEP daily worksheets, reimbursement requests, payroll summary sheets outlined in Work Statement 18, other supporting financial documentation such as payroll printouts and invoices, a copy correspondence relating to the agreement, and documentation of public information activities. The file must be maintained in one location and is subject to review by State and Federal authorities responsible for oversight of this agreement. Copies of time sheets; original AHSO STEP daily worksheets, and citations for all officers paid through this agreement must be kept in this file. Time sheets must have officer's and supervisor's signatures with attached supporting documents. AHSO STEP daily worksheets must be completed properly and have the officer's and a supervisor's signature to be eligible and approved for reimbursement. Page 18 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT B. The Arkansas Highway Safety Office (AHSO) hereby agrees to perform the following activities: 1. Reimburse the recipient for all eligible costs incurred in accordance with provisions stated in the Subecant Agreement/Contract Terms. An analysis of reimbursable costs is provided in the attached Sub -grantee Invoice Form. 2. Provide reasonable consultative assistance to the recipient to aid in the. achievement of project objectives. 3. Conduct administrative and/or on -site evaluations to assess the effectiveness of the project. - Evaluations will include, but are not limited to, a review of activity reports examining progress toward objectives stated in the work statement, reimbursement requests, fiscal management and on -site monitoring visits. Page 19 of 23 Arkansas State Police Highway Safety Office Sul grantee Invoice Form FY 2015 Selective Traffic Enforcement Program -.0- MAN 00 a an -90 2�70 91— IN- 2-57g,mma - magam.- w. ffi- �11101 V A among= 1 A Selective Traffic Enforce City of Fayetteville 100-A West Rock Street Fayetteville Milli Arkansas -587 479-3500 72701 N W, --TP-P-1-ved Revised IRemaio ing Budget Budget Budget Budget Categories Budget $49,700.00 $5,000-00 E "W-0- W r. N W-!KL%-i-S�Ea$49,700.00 Seat Belt - 402 OP Speed - 402 SE $5,000.00 $35, 0.00 DWVDUI - 405 M5X $35,000.00 $5,000.00 Distracted Mobilization-405 M8DDLE $5,000.00 HOW iil $15,000.00 Child Safety Seats (State) $15,000.00 $42,,7500.00 (1 6) Portable Breath Testers - 405 M5X $4,500.00 $ 00.00 1(j) Hand Held Electronic Ticket System-402 SE $2,7000 $116,900.00 ITOTAL $116,900.00 Amount of this Must include all equipment acquisitions of low value (500.00 - 4,999.99) or capital (5,000.00 or greater) Request and submit subgrantee low value and capital equipment inventory form with invoice form. On behalf of the subgrantee listed above, I certify that the items for which payment is claimed were furnished under the authority of the law and in accordance with the terms of our grant with the Arkansas State Police, Highway Safety Program and that the charges are reasonable, proper, and no part of this claim has been paid. it &I M-MR, W-11 110 M W—M ME 0. 500 am —mg OUTLINE AGREEMENT N: VENDOR#: AGENCY CODE: 0960 DOC#: MATERIAL #: 10119381 PO ft: GOODS RECM: - - - - - - 5109UNUM SMP2003 IFJ __456708 F.095.402-15-0P-001-S 5100001000 SMP2003 Iri 456708 F.0960.402-15-SE-001-S 456729 F.0%0.405-15-M8DDL" 5100001000 SMP3021, IFJ 5100001000 SMP3021 456729 F.0960.405-15-NISX-001-S Iri 5100001000 SCP0000 IFD 456714 NA TOTAL Attach Completed Line Item Detail Sheet and Mail To: Arkansas State Police Highway Safety Office — at. P7.F,c. P17,70,ie �'j State FAXED SILLS WILL NOT BE ACCEPTED I ---- Little Pnrk Arkansas 72209 Page 20 of 23 Arkansas State Police -4 Highway Safety office `tl. —_Line ltem-Details FY 2015 Selective Traffic Enforcement Program Project Name: Fayetteville Police Department Selective Traffic Enforcement Project (STEP) FOR THE PERIOD Overtime Selective Enforcement (402) Seat Belt 402 OP Speed 402 SE Subtotal Overtime Selective Enforcement (405) DWI/DUI405 M5X Distracted Driving Mobilization 405MSDDLE Subtotal Child Safety Seats (State) Item 1 Item 2 Item 3 Subtotal Equipment (10) Portable Breath Testers - 405 M5X (1) Hand Held Ticketing System - 402 SE Page 21 of 23 Transfer Totals to Page 20 TOTAL BILLED Attach to Page 20 Arkansas State Police Highway Safety Office —SUbgrantee Local Match Form FY 2015 Selective Traffic Enforcement Program AW P "A' MR ... H Selective Traffic Enforcement Project (STEP) Nwam -OWNWIM City of Fayetteville`el 479-587-3500 a- 72701 RI 1 00-A West Rock Street Fayetteville j Arkansas Approved Revised YTD Previous Expenditures YTD Total Remaining Budget Categories Budget Budget Expenditures This Period Expenditures Budget $59,961.0 Personal Services $59,961.00 $26,939-00 Maintenance and Operations $26,939.00 $86,900.00, $96,900,00 Total Arkansas State Police Highway Safety Office g I State Police Plaza Drive Little Rock, Arkansas 72209 Page 22 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT ACCEPTANCE AND AUTHORIZATION TO PROCEED It is understood and agreed by the undersigned that a subgrant received for this agreement is subject to the Safe, Accountable, Flexible, Efficient Transportation Equity Act — A Legacy for Users (SAFETEA-LU); Moving Ahead for Progress in the 21" Century (MAP-21); subsequent U.S. Department of Transportation funding reauthorization; and all administrative regulations governing this grant established by the U.S. Department of Transportation approved in accordance with 49 CFR Part 18 subject to the availability of Federal funds. It is further understood that any State funds utilized within are subject to all applicable State regulations and are likewise subject to their availability. It is expressly agreed that this agreement including the Appendix (Subgrant Agreement/Contract Terms and Attachment), constitute an official part of the State's Highway Safety Program and that said recipient will meet the requirements as set forth herein. The recipient has appointed the following official representatives with legal authority to accept this subgrant agreement, acknowledge the certifications and assurances on pages 5 — 13 of this agreement, and provide such additional information as may be required. A. SUBGRANT DIRECTOR B. l: Signature: 2. Name: Greg Tabor . Title: Chief of Police 4. Date: 2. r 3. Title: Mayor 4. Date: _. Approval to proceed, effective 1010-12014 to 9-30-2015 with committed Federal funds of $101,900 and State funds of $15,000, given by the State Official responsible to the Governor for administration of the State Highway Safety Program: Approved: Director, Arkansas State Police and Governor's Highway Safety Representative Date Page 23 of 23 State of Arkansas -• ARKANSAS STATE POLICE 1 State Police Plaza Drive Little Rock, Arkansas 72209-4822 www.asp.arkansas.gov Mike Beebe Stan Witt Governor "SERVING WITH PRIDE AND DISTINCTION SINCE 1935" Director October 15, 2014 ARBANSAS STATE POLICE Captain Rob Tuberville COMMISSION Project Coordinator Fayetteville Police Dept. 100-A West Rock St. Daniel "Woody" Futrell Chairman Fayetteville, AR 72701 Nashd& RE: OP-2015-03-02-10 Wallace Fowler SE-2015-13-01-10 Vice -Chairman M8DDLE-2015-08-02-10 Jonesboro M5X-2015-05-06-10 Selective Traffic Enforcement Project (STEP) Frank Guinn, Jr Secretary Paragould Dear Captain Tuberville: Dr, Lewis Shepherd Enclosed is a signed copy of the above referenced agreement for your Arkade4thia files. John Allison Con;ay Bob Bums i iuk irk Sincerely, Jane Dunlap Christenson Harrison Bridget White Administrator Highway Safety Office Enclosure C: Agreement/Contract File r State of Arkansas F• ARKANSAS STATE POLICEt• 1 State Police Plaza Drive Little Rock, Arkansas 72209-4822 w .asp.arkansas.gov Mike Beebe Stan Witt Governor "SERVING WITH PRIDE AND DISTINCTION SINCE 1935" Director FY 2015 HIGHWAY SAFETY SUBGRANT AGREEMENT OCCUPANT PROTECTION PROGRAM ALCOHOL & OTHER DRUGS COUNTERMEASURES PROGRAM SPEED ENFORCEMENT PROGRAM DISTRACTED DRIVING INCENTIVE GRANT PROGRAM RECIPIENT GOVERNMENTAL UNIT Fayetteville Police Department City of Fayetteville 100-A West Rock Street 100-A West Rock Street Fayetteville, Arkansas 72701 Fayetteville, Arkansas 72701 Telephone: (479) 587-3500 Fax: (479) 58773522 TYPE OF APPLICATION Initial: Revision: Continuation: X INITIAL PROJECT STARTING DATE October 1, 1999 COST CATEGORY Personal Services Equipment Maintenance & Operation Other Direct Costs Indirect Cost Administrative Costs AMOUNT FEDERAL $94,700 7,200 PROJECT NO. OP-2015-03-02-10 SE-2015-13-01-10 M8DDLE-2015-08-02-10 M5X-2015-05-06-10 TAX ID NO. 71-6018462 PROJECT TITLE Selective Traffic Enforcement Project OPERATIONAL AREA OF PROJECT City of Fayetteville STATE LOCAL PROJECT PERIOD FUNDING PERIOD $86, 000 From: 10-1-2014 From: 10-1-2014 To: 9-30-2015 To: 9-30-2015 $15,000 ,FUNDING SOURCE AMOUNT Federal $101,900 State $ 15,000 Local $ 86,900 Total $101,900000 86 00 Total 2 3 800 Pagel of 23 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 ------------------------------------------- 14-19 7. SubgranteeInvoiceForms------------------------------------ 20-22 8. Signature Sheet ------------------------------------------- 23 9. Sub -grant Agreement/Contract Terms - - - - - - - - - - - - - - - - - - - - - - - - - -- Appendix i 10. DOT Common Rule (49CFR, Part 18)-------------------------- Appendixii AGREEMENT PREPARED BY: TITLE: ADDRESS: PHONE: FAX: Nick Collins Program Manager Arkansas State Police Highway Safety Office 1 State Police Plaza Drive Little Rock, AR 72209 (501) 618-8137 (501) 618-8124 Page 2 of 23 . 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 (2008 — 2012), 574 people lose their lives each year on Arkansas roadways. In 2012, there were 552 total traffic fatalities compared to 551 the previous year. Over the same five years, alcohol -related fatalities (fatalities involving a driver or motorcycle operator with a BAC of .08 or greater) averaged 164 per year. There were 143 alcohol -related fatalities in 2012. An additional area of concern is occupant protection where in 2012 there were 207 unrestrained passenger vehicle occupant fatalities. In 2012, Arkansas' safety belt use rate was 71.9%, while the National use rate stood at 86%. Arkansas' safety belt use rate rose to 76.7% in 2013. Also of concern are speed -related fatalities where in 2012, 76 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 43.40 square miles. The cities posted 30 traffic fatalities from 2008 through 2012 and of those 12 were alcohol - related and four were speed -related. A seat belt use rate of 9 1 % was recorded in 2013. In October, 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 Distracted Driving 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 405) - Reduce the annual number of alcohol -related crashes from 176 and alcohol -related fatalities from 1 as recorded in 2012. Seat Belt Component (Section 402) - Increase seat belt use from 91% as recorded in 2013. Speed Component (Section 402) - Reduce the annual number of speed -related crashes from 60 and maintain the number of speed -related fatalities at 0 as recorded in 2012. Page 3 of 23 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 (3) vehicle stops per hour per officer during seat belt enforcement (with an emphasis on enforcement of occupant restraint laws); three (3) vehicle stops per hour per officer during speed enforcement; one (1) DWI/DUI arrest per eight (8) hours per officer during alcohol enforcement; and three (3) stops per hour during Distracted Driving enforcement (emphasis on enforcement of texting and cell phone laws). 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 REIMBURSEMENT LIMITS ASP/AHSO will reimburse the recipient an I. Maximum amount eligible for reim- amount equal to % of all eligible bursement: cost. Federal Funds: $101,900 State Funds: $ 15,000 X ASP/AHSO will reimburse the recipient an amount equal to all eligible costs as identified in work statement. 2. Only those orders placed and costs incurred during the following time period shall be eligible for reimburse- ment: (Date) 10-1-2014 to (Date) 9-30-2015 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/AHSO policy. (See Subgrant Agreement/Contract Terms). Page 4 of 23 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 all provisions of these Certifications and Assurances and that 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 part 1200 -- Uniform Procedures for State Highway Safety Programs Federal Fundin Accountability and Trans aren Act FFATA The State will comply with FFATA guidance, OMB Guidance on FFATA Subaward and Executive Compensation Reporting. August 27, 2010, https://www.fsrs.gov/documents/OMB Guidance on YFATA Subaward and Executive Compens ation Reporting 08272010.pdf) by reporting to FSRS.gov 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 OMB guidance. Page 5 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFICATIONS AND ASSURANCES Non -Discrimination 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. §§), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 Pub. L. 100-259), which requires Federal -aid recipients and all sub recipients to prevent discrimination and ensure non-discrimination in all of their programs and activities (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse of alcoholism; (h) §§ 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; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.) relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; 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. 53230)) 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 (IIATCH 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. Page 6 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFICATIONS AND ASSURANCES CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned 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. 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. Page 7 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFICATIONS AND ASSURANCES 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 department 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 department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant teams its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. S. 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 department 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 bywhich 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. Page 8 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFICATIONS AND ASSURANCES 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. Certification Regarding Debarment Sarrpension 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 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. Page 9 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFICATIONS AND ASSURANCES 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. 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. b. 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 department 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 10 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFICATIONS AND ASSURANCES Policy on Seat Belt Use In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16 1997, the Grantee is encouraged to adopt and enforce on -the job seat belt use policies and programs for its employees when operating company -owned, rented, or personally owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information on how to implement such a program, or statistics on the potential benefits and cost -savings to your company or organization, please visit the Buckle Up America section on NHTSA's website at www. Nhtsa.dot.gov. Additional resources are available from the Network of Employers and employees. NETS is prepared to provide technical assistance, a simple, user-friendly program kit, and an award for achieving the President's goal of 90 percent seat belt use. NETS can be contacted at 1 (888) 221- 0045 or visit its website at www.traffiesafety.org. 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) Page 11 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFICATIONS AND ASSURANCES Section 402 Requirements (as amended by Pub. L. 112-141 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 percent 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 State's 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)); The State Highway Safety Program provides for an evidence -based traffic safety enforcement program to prevent traffic violations, crashes, and crash fatalities and injuries in areas most at risk for such incidents (23 U.S.C. 402 (b)(1)(E)) 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: • Participation in the National high -visibility law enforcement mobilizations, • Sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits; • An annual statewide seat belt use survey in accordance with 23 CFR Part 1340 for the measurement of State safety belt use rates; • DeveIopment of statewide data systems to provide timely and effective data analysis to support allocation of highway safety resources; • Coordination of Highway Safety Plan, data collection, and information systems with the State strategic highway safety plan, as defined in section 23 U.S.C. 148 (a). 148(a). (23 U.S.C. 402 (b)(1)(F)) Page 12 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT CERTIFICATIONS AND ASSURANCES Law enforcement agencies only- the Subgrantee is hereby encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (23 U.S.C. 4020)). 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 State 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 Subgrantee 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. 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 (ASP-HSO) 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. The recipient is required to inform the ASP-HSO if subject to A-133 audit requirements. Page 13 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT A. The recipient, Fayetteville Police Department, in exchange for consideration offered by the Arkansas State Police Highway Safety Office, hereafter referred to as the Arkansas Highway Safety Office (AHSO), and in the interest of improving highway safety, hereby agrees to pursue the achievement of the following objectives: 1. Appoint a Project Coordinator to be a liaison between the recipient and the (AHSO) and to be responsible for coordinating selective enforcement activities and financial transactions associated with this subgrant agreement. Herein, give signature authorization for the Project Coordinator to request reimbursement and agreement change orders when applicable. Compensation for the Project Coordinator will be from local funds. 2. Ensure that the Project Coordinator, or designee, has successfully completed the Arkansas Highway Safety Office Project Management Course if offered. This course will provide information and updates on State, Federal and Highway Safety Office policies and procedures. Travel, meals and lodging will be reimbursed for eligible participants. Participants will be notified of the specific dates and location of this course. 3. Ensure that agency maintains an enforced seat belt policy and provides the AHSO a copy of any revisions to the policy. 4. Conduct selective enforcement of the State's seat belt, driving while intoxicated (DWI)/driving under the influence (DUI), distracted driving (texting and cell phone use laws), speed limit, child passenger protection and motorcycle helmet laws. Officers are to ensure compliance with the State's seat belt and child restraint laws during all vehicle stops. Enforcement should target locations where fatal/serious injury crashes are occurring. Seat belt enforcement (from 6:00 a.m. until 9:00 p.m.) will emphasize enforcement of seat belt and child restraint laws. The primary reason for stops shall be for unrestrained vehicle occupants. Therefore, the majority of vehicle stops and citations written shall be for seat belt and/or child restraint violations. The goal of seat belt enforcement is to raise seat belt use; therefore, seat belt citations versus warnings are expected. Seed enforcement (from 6:00 a.m. until 9:00 p.m.) will emphasize speed violations. It may be conducted throughout the year, but is limited to the amount of funds budgeted to speed enforcement. DWI/DUI enforcement will start no earlier than 9:00 p.m. and end no later than 6:00 a.m. any day of the week provided the performance standard in Work Statement 6 is met. Distracted Driving enforcement (from 6:00 a.m. until 9:00 p.m.) will emphasize enforcement of texting and cell phone laws and may only be conducted during the Distracted Driving mobilization referenced in Work Statement 7. The AHSO retains the right to limit or modify enforcement hours and days at its discretion and as necessary to meet performance compliance requirements. Officers working on the project are expected to enforce all the laws cited in this agreement during seat belt, speed, distracted driving and DWI/DUI enforcement. Participating officers are expected to average two vehiclestom Ler hour when not actively processing a DWI arrest during DWI enforcement. Page 14 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT 6. Performance standards for the proiect and individual participatinp, officers are as follows: Seat Belt/Speed Average 3 stops per hour per officer D WI/DUI Average 1 arrest per 8 hours per officer Distracted Drivin Average 3 stops per hour per officer 7. Participate in two (2) Seat Belt, three (3) DWI/DUI, and one (1) Distracted Driving mobilization during the project period. Must participate in the public information and education (PI&E) activities (press conferences/news releases) in conjunction with the mobilization activities. An informal seat belt survey conducted by the agency will also precede and follow each seat belt mobilization for evaluation purposes. The mobilizations dates are as follows: • State Thanksgiving Seat Belt Mobilization - November 24 - 30, 2014 • National Winter DWI Mobilization - December 12, 2014 - January 1, 2015* • State Distracted Driving Mobilization - April 13 - 19, 2015 • National Memorial Day Seat Belt Mobilization - May 18 - 31, 2015 • State July 4th Holiday DWI Mobilization - June 29 - July 5, 2015 • National Labor Day DWI Mobilization - August 21 - September 7, 2015* Note: Dates are subject to change. *Conduct checkpoints and/or saturation patrols on at least four nights during the National DWI mobilizations. Participation in all State and National Mobilizations is a required activity of this grant agreement. Project activity should be managed to ensure that sufficient funds are available to participate in these mobilizations. The amount of speed enforcement conducted by the project is limited to the SE funds budgeted. 405M8DDLE funds are designated exclusively for the Distracted Driving Mobilization. Submit a mobilization report within 15 days after a mobilization period in accordance with the format provided by the AHSO. Agency is urged to participate in sobriety checkpoints and/or saturation patrols during all DWI/DUI mobilizations. Page 15 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT Conduct other PI&E activities to support the objectives of this project. These activities will include, but are not limited to, issuing a news release at the beginning of the project period to notify the community of the project activities, conducting a minimum of two media exposures for each mobilization e.g., news conferences, news releases, interview, reporter ride -along and participating in a minimum of two (2) other community activities e.g., community events, health fairs, booths, civic/school/employer presentations during the year. 9. The only costs eligible for reimbursement are selective enforcement (which includes officer pay and applicable benefits), child safety seats (see Work Statement 10) and pre -approved equipment (see Work Statement 11). The recipient will be reimbursed for officers working selective traffic enforcement at a rate that does not exceed one and one-half times the officer's regular hourly rate. Reimbursement is limited to one officer per patrol vehicle. Officers may also be compensated at the selective enforcement rate' for hours spent conducting seat belt surveys associated with mobilizations and time spent working at clinics associated with the proper installation of child safety seats. Hours spent conducting seat belt surveys, participating in sobriety checkpoints, or working at child safety seat clinics will not be used when calculating enforcement performance and should be reported separately on the supplemental monthly report form. Officers compensated through this agreement shall work strictly within the scope of this project while perforining duties in connection with and being funded by this agreement. Hours worked on and compensated through this agreement must not supplant (be a substitute for) regular officer hours and pay. Routine patrol functions, including crash investigations, will be assigned to personnel on regular duty. Should a project officer become involved in routine patrol functions while conducting selective enforcement, the officer will be compensated from other funds. No part-time personnel can be compensated through this agreement. Note: Consistent with federal guidelines officers working Selective Enforcement should be compensated in accordance with recipient overtime policy and nothing in this agreement should be interpreted as authority to violate agency policy. Submit to the AHSO any revisions to agency overtime policy within 30 days of the effective date of the revision. 10. If child safety seats are an approved budget line item on the invoice forms, purchase and loan child safety seats in accordance with AHSO policy. Seats must be purchased no later than February 28, 2015. Invoices for the seats must be submitted to the AHSO within 30 days of purchase. All purchases must be in compliance with federal, state and local purchasing laws and regulations. 11. If equipment is an approved budget line item on the invoice forms, purchase the following equipment to assist with the enforcement effort: IO Portable Breath Testers at an estimated cost of $4,500.00 and One Handheld Electronic Ticketing System at an estimated cost of $2,700.00 to be used during overtime traffic enforcement. Priority use of this equipment shall be given to those officers actively working STEP enforcement. Assurance is provided herein that throughout the life expectancy of this equipment, it will be used for the purposes expressed or implied in this agreement. All purchases must be in compliance with federal, state and local purchasing laws and regulations and if applicable, be listed on the National Highway Traffic Safety Administration's current Conforming Products List of Evidential Breath and Speed Measurement Devices. ALL equipment purchases must be pre -approved in writ; -,- Page 16 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT 12. Ensure that all officers working on this project have successfully completed the National Highway Traffic Safety Administration's approved courses on occupant protection usage and enforcement (OPUE) or traffic occupant protection strategies (TOPS) training and standardized field sobriety testing (SFST) during the project period. 13. Ensure that all officers working this project are familiar with Act 308 of 2009 (the amended mandatory seat belt law). Effective June 30, 2009, the Act makes a violation of the mandatory seat belt law a "primary" offense for enforcement purposes. 14. Ensure that all officers working on this project are familiar with Act 470 of 2001 (the amended "Child Passenger Protection Act"). Effective August 13, 2001, children under the age of fifteen (15) years must be restrained and any child under six (6) years of age and under sixty (60) pounds in weight must be restrained in a child safety seat. Violation of this Act is a primary offense, meaning that a vehicle may be stopped if there is probable cause to believe that the law is being violated. 15. Ensure that all officers working on this project are familiar with Act 561 of 2001 (the ".08 BAC law"). Persons arrested for violation of Arkansas Code Annotated 5-65-103 and 5-56-205 shall be determined to be DWI arrests. Youthful offenders arrested for violation of Arkansas Code Annotated 5-65-303 shall be determined to .be DUI arrests. 16. Ensure that all officers working on this project are familiar with Acts concerning the use of the cell phone while driving: Act 181 of 2009, "Paul's Law" prohibiting the use of hand held cell phones for typing, texting, e-mail or accessing the internet while driving; Act 197 of 2009, limiting wireless telephone use by young drivers: Act 247 of 2009, prohibiting wireless telephone use by drivers under eighteen years of age and drivers who are at least eighteen but under twenty- one years of age from using handheld wireless telephones (allows drivers who are at least eighteen but under twenty one years of age to use hands -free wireless telephones or devices); and Act 37 of 2011, an act to improve the safety of highways and roads by prohibiting wireless telephone use in school zones and highway work zones. 17. Ensure department implements policies and internal controls to prevent fraud and misuse of grant funds. Page 17 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT 18. Submit monthly reimbursement requests, local match reporting form and activity reports, including PI&E activities, along with a cover letter(s) by the 15`h of the subsequent month in accordance with formats provided by the AHSO. Also include with the reimbursement requests as back-up supporting documentation, payroll summary sheets which accurately reflects payroll disbursed by the agency for STEP for the time period requested and invoices for any eligible items purchased i.e. child safety seats) along with proof of payment i.e. copy of the check. The summary sheets must record each officer who worked, dates they worked, number of hours worked for each date, regular and overtime pay rates, applicable fringe rates and be signed by both the project coordinator and an agency payroll or fiscal department representative. An Annual Project Activity Report will be submitted in accordance with the format provided by the AHSO. Include with the annual report a tabulation of local funds contributed (50% required) to this project. This annual report and the final reimbursement request are due within 30 days following the end of the project period. Final reimbursement will not be made until a satisfactory annual report is submitted. 19. Create a project file for maintaining the agreement and financial documents. The file will contain a copy of this agreement, agreement terms, related AHSO policies and procedures, policies or procedures of the recipient related to this project's activities, copies of monthly activity reports, AHSO STEP daily worksheets, reimbursement requests, payroll summary sheets outlined in Work Statement 18, other supporting financial documentation such as payroll printouts and invoices, a copy correspondence relating to the agreement, and documentation of public information activities. The file must be maintained in one location and is subject to review by State and Federal authorities responsible for oversight of this agreement. Copies of time sheets, original AHSO STEP daily worksheets, and citations for all officers paid through this agreement must be kept in this file. Time sheets must have officer's and supervisor's signatures with attached supporting documents. AHSO STEP daily worksheets must be completed properly and have the officer's and a supervisor's signature to be eligible and approved for reimbursement. Page 18 of 23 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT WORK STATEMENT B. The Arkansas Highway Safety Office (AHSO) hereby agrees to perform the following activities: 1. Reimburse the recipient for all eligible costs incurred in accordance with provisions stated in the Subgrant Agreement/Contract Terms. An analysis of reimbursable costs is provided in the attached Sub -grantee Invoice Form. 2. Provide reasonable consultative assistance to the recipient to aid in the achievement of project objectives. 3. Conduct administrative and/or on -site evaluations to assess the effectiveness of the project. Evaluations will include, but are not limited to, a review of activity reports examining progress toward objectives stated in the work statement, reimbursement requests, fiscal management and on -site monitoring visits. Page 19 of 23 Arkansas State Police Highway Safety Office Subgrantee Invoice Form FY 2015 Selective Traffic Enforcement Program Selective Traffic Enforcementent Pr Prect tN I City of Fayetteville 100-A West Rock Street Fayettel Approved Budget Revised "Y.T1 Categories Budget Budget Ax Rio, Seat Belt - 402 OP $49,700.00 Speed - 402 SE $5,000.00 DWI/DUl - 405 M5X $35,000.00 Distracted Mobilization-405 M8DDLE $5,000-00 �)G MMKORM N�-M--'- Child Safety Seats (State) $15,000.00 (10) Portable Breath Testers - 405 M5X $4,500.00 (1) Hand Held Electronic Ticket System-402 SE $2,700.00 JTOTAL 1 $116,900.00 Must include all equipment acquisitions of low value (500.00 - 4,999.99) or capital (5,000.00 or greater) and submit subgrantee low value and capital equipment inventory Ibmi with invoice Corm. On behalf of the subgrantee listed above, I certify that the items for which payment is claimed were furnished under the authority of the law and in accordance with the terms of our grant with the Arkansas State Police, Highway Safety Program and that the char ,j s are reasonable, properand no part of . this claim has been paid. X- 77 - 77 VENDOR 4: AGENCY COD) PO fl: GOODS REC -#: 7777777777777 -GetteraVU gor.41 5100001000 SMP2003 SMP3021 SMP3021 lFJ 1FJ 11"i 5100001000 5100001000 5100001000 SCP0000 —IF D [Y& ATPROVEDW �1-11 I i— Imail o: Page 20 of 23 ;i*Af#f 79-597-3500 72701 Remaining $5,000.00 $35,000.00 $5,000.00 $15,000.00 $4,500.00 $2,700.00 $116,900.00 Amount of this I Request I - 479-587-3500 ft: — 1AL N: 10119381 15-OP-001-S 15.SF-00!WS 15-M&ODLE-S Is-msx-o I Wsx•001-s NA 'AL Arkansas State Police Highway Safety Office Line Item Details$ FY 2015 Selective Traffic Enforcement Program Attach to Page 20 Project Name: Fayetteville Police Department Selective Traffic Enforcement Project (STEP) FOR THE PERIOD Transfer Totals to Page 20 Overtime Selective Enforcement (402) Seat Belt 402 OP Speed 402 SE Subtotal Overtime Selective Enforcement (405) DWIIDL I 405 M5X Distracted Driving Mobilization 405M8DDLE Subtotal Child Safety Seats (State) Item 1 Item 2 Item 3 Subtotal Equipment (10) Portable Breath Testers - 405 M5X (1) Hand Held Ticketing System - 402 SE Page 21 of 23 TOTAL BILLED Arkansas State Police Highway Safety Office e Subgrantee Local Match Form FY 2015 Selective Traffic Enforcement Program SCfBCRAN?Pii 0020t5o30240 ALVARDYERIO� t'011!}a 9�3g1lS g ;1148pD�+P b'.ROt.S4f 4 t ar r� f asz �E� .fie `'✓' } , i.�rn� y'�r (tp�Y1)f.5'QO;.t�'',�'�''.p 6�%6V, .. ......... + Ccpoxt,Pcrtpd jeer Selective Traffic Enforcement Project (STEP) Pc _` KTele h�.� 479-587-3500 r== 44` SuU rartecAme Ci of Fayetteville ` Mkt �ngdiiF.. , ; . .. 100-A West Rock Street Fayetteville Arkansas 72701 Budget Approved Revised YTD Previous Expenditures YTD Total Remaining Categories Budget Budget Expenditures This Period Expenditures Budget $59,961,00 Personal Services $59,961.00 $26,939.00 Maintenance and Operations $26,939.00 $86,900.00 Total $86,900.00 - Arkansas State Police Highway Safety Office #I State Police Plaza Drive Little Rock, Arkansas 72209 Page 22 of 23 ARKANSAS STATE POLICE IIIGHWAY SAFETY SUBGRANT AGREEMENT ACCEPTANCE AND AUTHORIZATION TO PROCEED it is understood and agreed by the undersigned that a subgrant received for this agreement is subject to the Safe, Accountable, Flexible, Efficient Transportation Equity Act — A Legacy for Users (SAFETEA-LU); Moving Ahead for Progress in the 21'� Century (MAP-21); subsequent U.S. Department of Transportation funding reauthorization; and all administrative regulations governing this grant established by the U.S. Department of Transportation approved in accordance with 49 CPR Part 18 subject to the availability of Federal funds. It is further understood that any State funds utilized within are subject to all applicable State regulations and are likewise subject to their availability. It is expressly agreed that this agreement including the Appendix (Subgrant Agreement/Contract Terms and Attachment), constitute an official part of the State's Highway Safety Program and that said recipient will meet the requirements as set forth herein. The recipient has appointed the following official representatives with legal authority to accept this subgrant agreement, acknowledge the certifications and assurances on pages 5 — 13 of this agreement, and provide such additional information as may be required. A. SUBGRANT DIRECTOR 1. Signature 1 2. Name: Greg Tabor 2• AUTHORIZIN9 OFFICIAL Signatu Name: Honorabl oneld Jordan 3. Title: Chief of Police 3. Title:, Mayor 4. Date: �� ��"4. Date: Approval to proceed, effective 10-1-2014 to 9-30-2015 with committed Federal funds of $101,900 and State funds of $15,000 given by the- State Official responsible to the Governor for administration of the State Highway Safety Program; Approved: U0 Director, Arkansas State Police and Governor's Highway Safety Representative ate 33110d 31V1S SVSNVNbv 331A30 A13JVS A'VANDIH Zz -*8 WV S 1100 Wz GIA1303a Page 23 of 23