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HomeMy WebLinkAbout2016-06-21 - Agendas - Final City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 e 0\_ 0 e�. Y u Meeting Agenda - Final Agenda Tuesday, June 21, 2016 5:30 PM City Hall Room 219 City Council Meeting Adella Gray Ward I Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer,Jr. Ward 3 John S. La Tour Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Meeting Agenda-Final Agenda June 21, 2016 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations,Reports and Discussion Items: 1. 2016-0293 INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS CERTIFIED MUNICIPAL CLERK PRESENTATION AND ARKANSAS CITY CLERKS, RECORDERS, AND TREASURERS ASSOCIATION CERTIFIED ARKANSAS MUNICIPAL CLERK PRESENTATION - SHERRI GARD, FORT SMITH CITY CLERK AND ACCRTA PRESIDENT Attachments: Sherri Gard,Fort Smith City Clerk Presentation Agenda Additions: A. Consent: A. 1 2015-0649 APPROVAL OF THE JUNE 7,2016 CITY COUNCIL MEETING MINUTES. A. 2 2016-0171 CDBG PROGRAM INCOME: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $7,375.00 REPRESENTING CDBG PROGRAM INCOME RECEIVED FROM A HOUSING PROGRAM LIEN PAYOFF PLAN, ENERGY EFFICIENCY REBATES FROM SOURCEGAS AND DONATIONS FROM CITIZENS AND LOCAL BUSINESSES Attachments: CDBG PROGRAM INCOME BA CDBG PROGRAM INCOME City of Fayetteville,Arkansas Page 2 Printed on 6/16/2016 City Council Meeting Meeting Agenda-Final Agenda June 21, 2016 A. 3 2016-0274 ASSISTANCE TO FIREFIGHTERS GRANT(FEMA): A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A 90/10 ASSISTANCE TO FIREFIGHTERS GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE AMOUNT OF $613,637.00 FOR THE PURCHASE OF A MOBILE TRAINING SIMULATOR SYSTEM FOR THE FIRE DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT TO PROVIDE FOR MATCHING FUNDS IN THE AMOUNT OF $61,363.00 AND A PROJECT CONTINGENCY IN THE AMOUNT OF $27,000.00 Attachments: ASSISTANCE TO FIREFIGHTERS GRANT(FEMA) BA ASSISTANCE TO FIREFIGHTERS GRANT(FEMA A. 4 2016-0277 FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES AND A REFUND: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $23,435.00 RECOGNIZING REVENUE ASSOCIATED WITH FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES AND A REFUND FROM EOTECH FOR DEFECTIVE RIFLE OPTICS Attachments: FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES AND A REFUND BA FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES AND A REFI A. 5 2016-0285 FAYETTEVILLE POLICE DEPARTMENT DONATIONS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $2,400.00 RECOGNIZING DONATION REVENUE TO THE FAYETTEVILLE POLICE DEPARTMENT IN SUPPORT OF OFFICER RECOGNITION Attachments: SRP-Donations,Jun 2016 BA-Donations,Jun 2016 City of Fayetteville,Arkansas Page 3 Printed on 6/16/2016 City Council Meeting Meeting Agenda-Final Agenda June 21, 2016 A. 6 2016-0283 GALLAGHER BENEFITS SERVICES: A RESOLUTION TO APPROVE THE ANNUAL RENEWAL CONTRACT WITH GALLAGHER BENEFITS SERVICES IN THE AMOUNT OF $57,600.00 FOR THE PROVISION OF CITY EMPLOYEE BENEFITS BROKER SERVICES Attachments: Gallagher Benefit Services Contract Renewal Packet B. Unfinished Business: B. 1 2016-0057 AMEND §72.58 OFF-STREET PARKING FACILITIES; RULES AND RATES: AN ORDINANCE TO AMEND § 72.58 OFF-STREET PARKING FACILITIES; RULES AND RATES (M) TO LIMIT THE MAYOR'S AUTHORITY TO ASSIGN ANY CITY OWNED PAID PARKING LOTS OR ON-STREET PAID PARKING SPACES WITHIN THE ENTERTAINMENT DISTRICT OR THE CLOSURE OF CITY STREETS FOR THE USE OF A PERMITTED SPECIAL EVENT TO NOT MORE THAN TWO (2) DAYS PER YEAR WITHOUT EXPRESS APPROVAL OF THE CITY COUNCIL (LEFT ON SECOND READING) Attachments: Amend 72.58 Off-Street Parking Facilities;Rules and Rates At the May 17, 2016 City Council Meeting this item was moved to the June 21, 2016 meeting. Left on the Second Reading at the April 5, 2016 City Council Meeting and Tabled until the May 17, 2016 City Council Meeting. At the March 1, 2016 City Council Meeting, this ordinance was left on the second reading and. Tabled to April 5, 2016. This Ordinance was left on the first reading at the February 16, 2016 City Council meeting. B. 2 2016-0248 FALLING WATERS APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5385 FOR APPROXIMATELY 35.31 ACRES ON DEAD HORSE MOUNTAIN ROAD FROM R-A, RESIDENTIAL AGRICULTURE TO RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE SUBJECT TO A BILL OF ASSURANCE LIMITING DEVELOPMENT TO 51 HOMES (LEFT ON FIRST READING) Attachments: FALLING WATERS APPEAL At the June 7, 2016 City Council Meeting this item was left on first reading until the June 21, 2016 City Council Meeting. At the May 17, 2016 this item was left on the first reading City of Fayetteville,Arkansas Page 4 Printed on 6/16/2016 City Council Meeting Meeting Agenda-Final Agenda June 21, 2016 C. New Business: C. 1 2016-0294 PROPOSALS FOR DEVELOPMENT OF SOUTH END OF WEST AVENUE PARKING LOT: A RESOLUTION TO CLARIFY AND EXTEND THE TIMEFRAME TO SOLICIT PROPOSALS FOR DEVELOPMENT OF THE WEST AVENUE PARKING LOT AND TO CONSIDER PARKING NEUTRAL PROPOSALS FOR SALE OF SMALLER PARCELS ON SOUTHERN END Attachments: Alderman Petty-West Avenue Parking Lot Resolution Exhibit A-Proposal ADDITIONAL: PROPOSALS FOR DEVELOPMENT OF SOUTH END OF WEST.4 C. 2 2016-0290 ENERGY IMPROVEMENT DISTRICT NO. 1 MEMBERSHIP AGREEMENT: AN ORDINANCE TO AUTHORIZE MAYOR JORDAN TO SIGN A MEMBERSHIP AGREEMENT ALLOWING THE CITY OF SPRINGDALE TO BECOME A MEMBER OF ENERGY IMPROVEMENT DISTRICT NO. 1, AND TO AMEND § 33.381 BOARD OF DIRECTORS, MEMBERSHIP, TERMS OF OFFICE OF ARTICLE XXVI ENERGY IMPROVEMENT DISTRICT NO. 1 TO PROVIDE FOR THE CITY OF SPRINGDALE'S REPRESENTATION ON THE BOARD OF DIRECTORS Attachments: ENERGY IMPROVEMENT DISTRICT NO. 1 MEMBERSHIP AGREEMENT C. 3 2016-0287 WAYFINDING SIGNS,POLES AND APPURTENANCES: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF WAYFINDING SIGNS, POLES AND APPURTENANCES FROM ARCHITECTURAL GRAPHICS, INC., IN AN AMOUNT NOT TO EXCEED$122,930.98,AND TO APPROVE A BUDGET ADJUSTMENT Attachments: WAYFINDING SIGNS,POLES AND APPURTENANCES BA WAYFINDING SIGNS,POLES AND APPURTENANCES City of Fayetteville,Arkansas Page 5 Printed on 6/16/2016 City Council Meeting Meeting Agenda-Final Agenda June 21, 2016 C. 4 2016-0282 RZN 16-5386(NORTH OF 1110 N.FRONTAGE RD./LINDSEY PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5386 FOR APPROXIMATELY 6.40 ACRES LOCATED NORTH OF 1110 NORTH FRONTAGE ROAD FROM C-1, NEIGHBORHOOD COMMERCIAL TO CS,COMMUNITY SERVICES Attachments: 16-5386 CC reports C. 5 2016-0281 RZN 16-5425(NW CORNER OF MILL AVE. & SOUTH ST./THURMOND-QUINLAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5425 FOR APPROXIMATELY 1.84 ACRES LOCATED ALONG THE NORTHWEST CORNER OF MILL AVENUE AND SOUTH STREET FROM R-O, RESIDENTIAL OFFICE, AND RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRES TO DG,DOWNTOWN GENERAL Attachments: RZN 16-5425(NW CORNER OF MILL AVE.&SOUTH ST./THURMOND-QUINLA C. 6 2016-0280 VAC 16-5424 (NW CORNER OF MILL AVE. & SOUTH ST./THURMOND-QUINLAN): AN ORDINANCE TO APPROVE VAC 16-5424 SUBMITTED BY ALLISON THURMOND-QUINLAN FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF MILL AVENUE AND SOUTH STREET TO VACATE STREET RIGHT-OF-WAY Attachments: VAC 16-5424(NW CORNER OF MILL AVE.&SOUTH ST./THURMOND-OUINL/ City of Fayetteville,Arkansas Page 6 Printed on 6/16/2016 City Council Meeting Meeting Agenda-Final Agenda June 21, 2016 C. 7 2016-0225 C-PZD 16-5408 (WEDINGTON&MARINONI DR/CROSS CHURCH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5408 FOR APPROXIMATELY 24.60 ACRES AT WEDINGTON DRIVE AND MARIONI DRIVE FROM C-2, THOROUGHFARE COMMERCIAL AND UT, URBAN THOROUGHFARE TO C-PZD, COMMERCIAL PLANNED ZONING DISTRICT Attachments: C-PZD 16-5408:(WEDINGTON&MARINONI DR/CROSS CHURCH) Exhibit C-RZN 16-5408 Updated PZD Bookletl Exhibit D-RZN 16-5408 Updated Master Plan Drawingsl C. 8 2016-0292 AMEND THE DEFINITION OF"SETBACK"IN§ 151.01: AN ORDINANCE TO AMEND THE DEFINITION OF "SETBACK" IN § 151.01 OF THE UNIFIED DEVELOPMENT CODE TO ALLOW ARCHITECTURAL PROJECTIONS OF A BUILDING SUCH AS ITS EAVES TO SLIGHTLY PROTRUDE INTO A SETBACK UNDER CERTAIN CONDITIONS Attachments: Agenda Packet Definition of Setbacks D. City Council Agenda Session Presentations: A 1 2016-0262 AGENDA SESSION PRESENTATION - SARAH MCKENZIE, EXECUTIVE DIRECTOR OF THE OFFICE FOR EDUCATION POLICY AT THE UNIVERSITY OF ARKANSAS, WILL PRESENT STATISTICS THAT COMPARE THE CITY OF FAYETTEVILLE'S PUBLIC SCHOOL STUDENT DEMOGRAPHICS AND PERFORMANCE TO THE NORTHWEST ARKANSAS REGION AND TO THE BENCHMARK CITIES CITED IN FAYETTEVILLE FIRST, THE CITY'S ECONOMIC DEVELOPMENT STRATEGIC PLAN. DR. MCKENZIE WILL ALSO TALK ABOUT THE POTENTIAL ECONOMIC IMPACTS OF PUBLIC SCHOOLS IN THE AREAS OF ECONOMIC GROWTH AND COMPETITIVENESS. E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville,Arkansas Page 7 Printed on 6/16/2016 City Council Meeting Meeting Agenda-Final Agenda June 21, 2016 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. City of Fayetteville,Arkansas Page 8 Printed on 6/16/2016 City Council Meeting Meeting Agenda-Final Agenda June 21, 2016 Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor,must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 479-575-8330. A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W.Mountain,Fayetteville,Arkansas. City of Fayetteville,Arkansas Page 9 Printed on 6/16/2016 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Text File File Number: 2016-0293 Agenda Date: 6/21/2016 Version: 1 Status:Agenda Ready In Control: City Council Meeting File Type: Presentation Agenda Number: 1. INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS CERTIFIED MUNICIPAL CLERK PRESENTATION AND ARKANSAS CITY CLERKS, RECORDERS, AND TREASURERS ASSOCIATION CERTIFIED ARKANSAS MUNICIPAL CLERK PRESENTATION - SHERRI GARD,FORT SMITH CITY CLERK AND ACCRTA PRESIDENT City of Fayetteville,Arkansas Page 1 Printed on 6/16/2016 Smith, Sondra From: Johnson, Kimberly Sent: Tuesday,June 07, 2016 10:37 AM To: Smith, Sondra; Branson, Lisa Subject: Sherri Gard -June 21, 2016 City Council Meeting Sondra and Lisa, Sherri Gard will be attending our June 21, 2016 City Council meeting to present my CMC Certificate. She will also do my CAMC if it is given to Sondra at the Municipal League Conference. Thank you! O Office of the City Clerk Treasurer Kim Johnson, BSE Senior Clerk Codifier 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 kiohnson()-fayetteville-ar.gov Website I Twitter I YouTube CITY OF AK�fA. WWW'fay tt v F-i -q,r'go 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Text File File Number: 2015-0649 Agenda Date: 6/21/2016 Version: 1 Status:Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number:A. 1 APPROVAL OF THE JUNE 7,2016 CITY COUNCIL MEETING MINUTES. City of Fayetteville,Arkansas Page 1 Printed on 6/16/2016 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Text File File Number: 2016-0171 Agenda Date: 6/21/2016 Version: 1 Status:Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number:A. 2 CDBG PROGRAM INCOME: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $7,375.00 REPRESENTING CDBG PROGRAM INCOME RECEIVED FROM A HOUSING PROGRAM LIEN PAYOFF PLAN, ENERGY EFFICIENCY REBATES FROM SOURCEGAS AND DONATIONS FROM CITIZENS AND LOCAL BUSINESSES 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 approves a budget adjustment, a copy of which is attached to this Resolution, in the total amount of $7,375.00 representing CDBG program income received from a housing program lien payoff plan in the amount of $3,500.00, energy efficiency rebates from SourceGas in the amount of $1,200.00, and donations from citizens and local businesses in the amount of$2,675.00 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its sincere appreciation for the donations. City of Fayetteville,Arkansas Page 1 Printed on 6/16/2016 City of Fayetteville Staff Review Form 2016-0171 Legistar File ID 6/21/2016 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Yolanda Fields 6/3/2016 Community Resources/ Development Services Department Submitted By Submitted Date Division/ Department Action Recommendation: Approval of a Budget Adjustment recognizing outreach donations in the amount of$2675 and CDBG program income totalling $4700 Budget Impact: See Below 2180-CDBG Account Number Fund See Below Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? Yes Budget Adjustment $ 7,375.00 Remaining Budget 7,375.00 V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: 2180.4945.5390.01 32003.1 $2675 2180.4940.5315.00 $4700 CITY OF 4 �1 T l le CITY COUNCIL AGENDA MEMO? ARKANSAS MEETING OF JUNE 21, 2016 TO: Mayor and City Council THRU: Jeremy Pate, Development Services Director FROM: Yolanda Fields, Community Resources Director DATE: June 3, 2016 SUBJECT: Approval of Budget Adjustment for the Community Resources Division RECOMMENDATION: Staff recommends approval of a budget adjustment to recognize and budget donations and CDBG program income received. BACKGROUND: Community Resources would like to recognize program income from a lien payoff plan and energy efficiency rebates from SourceGas, as well as donations from citizens and local businesses. DISCUSSION: In July 2015, an agreement was reached with the owners of 1747 N. Oakland Ave. to pay the CDBG program $11,737.58 in installments due to the terms of the lien being violated. The payments started in July 2015, and payments from Jul—Oct have already been recognized. Now, payments from Nov 2015— May 2016 need to be recognized. In addition, two $600 rebates from SourceGas were received from work done at 3295 Old Farmington Rd. and 433 Washington Ave. The total PI being recognized is $4,700. In December 2015, donations from several holiday campaigns were received totaling $2,149. In 2016, so far, there has been $526.16 in donations received. All donations received total $2,675. BUDGET/STAFF IMPACT: Increase Housing Contract Services by$4,700 Increase Community Outreach Projects by$2,675 Attachments: Budget Adjustment Mauling Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division: Community Resources Adjustment Number 2016 Dept.: Development Services Requestor: Cherrell Lee BUDGET ADJUSTMENT DESCRIPTION /JUSTIFICATION: Approval of a Budget Adjustment recognizing donations in the amount of$526 (FY 2016) and $2149 (FY 2015) and CDBG program income totalling$4,700($1600 from FY 2015/$3100 from FY 2016). COUNCIL DATE: 6/21/2016 LEGISTAR FILE ID#: 2016-0171 xev�wspr 5/27/2016 3:35 PM Budget Director Date TYPE: DESCRIPTION: GLDATE: RESOLUTION/ORDINANCE POSTED: TOTAL 7,375 7,375 v.20160125 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub AT Account Name 2180.0918.4809.00 - 526 32003 1 RE Donations 2180.4945.5390.01 2,675 - 32003 1 EX Community Outreach Projs 2180.0918.4999.97 - 3,749 RE Use of Prior Fund Balance 2180.0918.4910.00 - 3,100 RE CDBG Program Income 2180.4940.5315.00 4,700 - EX Contract Services C:\Program Files\Granicus\Legistar5\Packet\1116_City Council Meeting_6_21_2016\0003_2_BA_CDBG PROGRAM INCOME 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 Text File File Number: 2016-0274 Agenda Date: 6/21/2016 Version: 1 Status:Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number:A. 3 ASSISTANCE TO FIREFIGHTERS GRANT(FEMA): A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A 90/10 ASSISTANCE TO FIREFIGHTERS GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE AMOUNT OF $613,637.00 FOR THE PURCHASE OF A MOBILE TRAINING SIMULATOR SYSTEM FOR THE FIRE DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT TO PROVIDE FOR MATCHING FUNDS IN THE AMOUNT OF $61,363.00 AND A PROJECT CONTINGENCY IN THE AMOUNT OF $27,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the acceptance of a 90/10 Assistance to Firefighters Grant from the Federal Emergency Management Agency in the amount of $613,637.00 for the purchase of a Mobile Training Simulator System for the Fire Department. 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, to provide for matching funds in the amount of$61,363.00 and a project contingency in the amount of$27,000.00. City of Fayetteville,Arkansas Page 1 Printed on 6/16/2016 City of Fayetteville Staff Review Form 2016-0274 Legistar File ID 6/21/2016 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item David Dayringer 5/24/2016 Fire/ Fire Department Submitted By Submitted Date Division/ Department Action Recommendation: Approval of a resolution authorizing acceptance of an Assistance To Firefighter's Grant from the Department of Homeland Security's Federal Emergency Management Agency(FEMA) in the amount of$613,637.00, and approving a budget adjustment to the Fire-FEMA Grant Training Simulator(31603.1) project which utilizes Impact Fee Funding for the 10%grant match ($61,363) and 4%contingency funds ($27,000)to allow total funding of$702,000 for the Mobile Training Simulator System per AFG Grant Guidelines Budget Impact: 2230.8004.5801.00 Special Grants Account Number Fund 31603.1 Fire-FEMA Grant Training Simulator Project Number Project Title Budgeted Item? No Current Budget Funds Obligated Current Balance $ - Does item have a cost? Yes Item Cost $ 675,000.00 Budget Adjustment Attached? Yes Budget Adjustment $ 702,000.00 Remaining Budget $ 27,000.00 IVIUOL/ LLUlll VVI I 1plc LUU UUUI,.UII UJUOLI I1Q1 I1: V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF Tay � le CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF JUNE 21, 2016 TO: Mayor and City Council FROM: David Dayringer, Fire Chief DATE: May 24, 2016 SUBJECT: Approval of a resolution authorizing acceptance of an Assistance To Firefighters Grant from The Department of Homeland Security's Federal Emergency Management Agency (FEMA) in the amount of$613,637.00, and approving a budget adjustment. RECOMMENDATION: Approval of a resolution authorizing acceptance of an Assistance To Firefighters Grant from The Department of Homeland Security in the amount of $613,637.00, and approving a budget adjustment. The Fire Department would like to utilize the revenue from this grant and the additional funding of$88,363 from Impact Fee Revenue to complete the purchase of a mobile training simulator system and for approval of a contingency of 4%. BACKGROUND: The Department of Homeland Security (DHS) Federal Emergency Management Agency's (FEMA) Grant Programs Directorate implements and administers the Assistance to Firefighters (AFG) Grants. The purpose of the AFG Program is to enhance, through direct financial assistance, the health and safety of the public and firefighting personnel and to provide a continuum of support for emergency responders regarding fire, medical, and all-hazard events. The Fire Department submitted an application for the AFG grant program to request funding for a mobile fire training simulator. The requested simulator will provide firefighters live fire training as well as ventilation, forcible entry, standpipe, sprinkler, rappelling, confined space, and self- contained breathing apparatus (SCBA) skills. DISCUSSION: We will use the grant to purchase and install a mobile fire training simulator system for utilization by the Fayetteville Fire Department and other surrounding County departments thereby improving firefighter health, safety, and ground tactics on technical rescue situations at fire scenes and positively impacting the skill level at emergency responses for a multi-county population. BUDGET/STAFF IMPACT: Approving a budget adjustment to the Fire-FEMA Grant Training Simulator (31603.1) project which utilizes Impact Fee Funds for the 10% grant match ($61,363) and 4% contingency funds ($27,000) to allow total funding of$702,000 for the Mobile Training Simulator System per AFG Grant Guidelines. ATTACHMENTS: Grant Award Letter and Documents, Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayettevilie-acgov Fayetteville,AR 72701 Tiew Award Package https://eservices.fenia.gov/FemaFireGrant/firegrant jsp/flre_admin/a... Award Package of 24 5/20/2016 9:03 AM View Award Package https://cscrvices.fema.gov/FemaFii-cGrant/iii-egi-ant/jsp/fire admin/a... U.S.Department of Homeland Security Washington,D.C.20472 `r -1M14 FEMA 1(� Mr. David Dayringer City of Fayetteville Fire Department 303 W Center St Fayetteville, Arkansas 72701-5201 Re: Award No.EM W-2015-FO-04026 Dear Mr. Dayringer: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2015 Assistance to Firefighters Grant has been approved in the amount of$613,637.00. As a condition of this award, you are required to contribute a cost match in the amount of $61,363.00 of non-Federal funds, or 10 percent of the Federal contribution of$613,637.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the Assistance to Firefighters Grant Programs' a-grant system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2015 Assistance to Firefighters Grant Notice of Funding Opportunity. Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Prior to requesting Federal funds, all recipients are required to register in the System for Award Management (SAM.gov). As the recipient, you must register and maintain current information in SAM.gov until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information annually after the initial registration, and more frequently for changes in your information. There is no charge to register in SAM.gov. Your registration must be completed on-line at https://www.sarn.gov//portal/public/SAM/. It is your entity's responsibility to have a valid DUNS number at the time of registration. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please go to his://portal.fema.gov to accept or decline your award. This will take you to the Assistance to Firefighters eGrants system. Enter your User Name and Password as requested on the login screen. Your User Name and Password are the same as those used to complete the application on-line. Once you are in the system, the Status page will be the first screen you see. On the right side of the Status screen, you will see a column entitled Action. In this column, please select the View Award Package from the drop down menu Click Go to view your award package and indicate your acceptance or declination of award. PLEASE NOTE: your period of performance has begun. If you wish to accept your grant, you should do so immediately. When you have finished, we recommend printing your award package for your records. Step 2: If you accept your award, you will see a link on the left side of the screen that says "Update 1199A" in the Action column. Click this link. This link will take you to the SF-1199A, Direct Deposit Sign-up Form. Please of 24 5/20/2016 9:03 AM .ew Award Package https://eservices.fema.gov/FemaFireGrant/fregrant/jsp/fire_admin/a... complete the SF-1199A on-line if you have not done so already. When you have finished, you must submit the form electronically. Then, using the Print 1199A Button, print a copy and take it to your bank to have the bottom portion completed. Make sure your application number is on the form. After your bank has filled out their portion of the form, you must fax a copy of the form to FEMA's SF-1199 Processing Staff at 301-998-8699. You should keep the original form in your grant files. After the faxed version of your SF 1199A has been reviewed you will receive an email indicating the form is approved. Once approved you will be able to request payments online. If you have any questions or concerns regarding your 1199A, or the process to request your funds, please call (866) 274-0960. Sincerely, Brian E. Kamoie Assistant Administrator for Grant Programs of 24 5/20/2016 9:03 AM few Award Package https://eservices.fema.gov/FemaFireGrant/firegranbjsp/fire admin/a... Summary Award Memo SUMMARY OF ASSISTANCE ACTION ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM Application INSTRUMENT: GRANT AGREEMENT NUMBER: EMW-2015-FO-04026 GRANTEE: City of Fayetteville Fire Department DUNS NUMBER: 883381550 AMOUNT: $675,000.00, Operations and Safety Project Description The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application, and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant program's purpose and worthy of award. The projects approved for funding are indicated by the budget or negotiation comments below. The recipient shall perform the work described in the grant application for the recipient's approved project or projects as itemized in the request details section of the application and further described in the grant application narrative. The content of the approved portions of the application- along with any documents submitted with the recipient's application - are incorporated by reference into the terms of the recipient's award. The recipient may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval, via amendment request, from FEMA. Period of Performance 16-MAY-16 to 15-MAY-17 Amount Awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this grant (including Federal share plus recipient match): Personnel: $0.00 Fringe Benefits $000 Travel $0.00 Equipment $675,000.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 of 24 5/20/2016 9:03 AM View Award Package https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire admit/a... State Taxes $0.00 Total $675,000.00 NEGOTIATION COMMENTS IF APPLICABLE (max 8000 characters) Any questions pertaining to your award package, please contact your GPD Grants Management Specialist Francisco Bernal at Francisco.Bernal2.dhs.gov. FEMA Officials Program Officer: The Program Specialist is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. If you have any programmatic questions regarding your grant, please call the AFG Help Desk at 866-274-0960 to be directed to a program specialist. Grants Assistance Officer: The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. The Officer conducts the final business review of all grant awards and permits the obligation of federal funds. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a Grants Management Specialist. Grants Operations POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this grant award. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a specialist. ADDITIONAL REQUIREMENTS (IF APPLICABLE) (max 8000 characters) Any questions pertaining to your award package, please contact your GPD Grants Management Specialist Francisco Bernal at Francisco.Bernal2.dhs.gov. i of 24 5/20/2016 9:03 AM View Award Package littps://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire admin/a... Agreement Articles j U.S. Department of Homeland Security 4 h FEMA c �. Washington, D.C. 20472 $sf. is ''T%o� � AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety GRANTEE: City of Fayetteville Fire Department PROGRAM: Operations and Safety AGREEMENT NUMBER: EMW-2015-FO-04026 AMENDMENT NUMBER: TABLE OF CONTENTS Article I Assurances, Administrative Requirements and Cost Principles Article II Acknowledgement of Federal Funding from DHS Article III Activities Conducted Abroad Article IV Age Discrimination Act of 1975 Article V Americans with Disabilities Act of 1990 Article VI Best Practices for Collection and Use of Personally Identifiable Information (PII) Article VII Title VI of the Civil Rights Act of 1964 Article VIII Civil Right Act of 1968 Article IX Copyright Article X Debarment and Suspension Article XI Drug-Free Workplace Regulations Article XII Duplication of Benefits Article XII I Energy Policy and Conservation Act Article XIV Reporting Subawards and Executive Compensation Article XV False Claims Act and Program Fraud Civil Remedies Article XVI Federal Debt Status Article XVII Fly America Act of 1974 Article XVIII Hotel and Motel Safety Act of 1990 Article XIX Limited English Proficiency (Civil Rights Act of 1964, Title VI) of 24 5/20/2016 9:03 AM ✓iew Award Package haps://eservices.fema.gov/IiemaFii-eGrant/fregrant/jsp/tii-e_admin/a,., Article XX Lobbying Prohibitions Article XXI Non-supplanting Requirement Article XXII Patents and Intellectual Property Rights Article XXIII Procurement of Recovered Materials Article XXIV Contract Provisions for Non-federal Entity Contracts under Federal Awards Article XXV SAFECOM Article XXVI Terrorist Financing E.O. 13224 Article XXVI I Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) Article XXVI I Trafficking Victims Protection Act of 2000 Article XXIX Rehabilitation Act of 1973 Article XXX USA Patriot Act of 2001 Article XXXI Use of DHS Seal, Logo and Flags Article XXXII Whistleblower Protection Act Article XXXII I DHS Specific Acknowledgements and Assurances Article XXXIV System of Award Management and Universal Identifier Requirements Article XXXV Animal Welfare Act of 1966 Article XXXVI Protection of Human Subjects Article XXXVII Incorporation by Reference of Notice of Funding Opportunity Article XXXVIII Acceptance of Post Award Changes Article XXXIX Prior Approval for Modification of Approved Budget Article XL Disposition of Equipment Acquired Under the Federal Award Article XLI Environmental Planning and Historic Preservation Screening I. Assurances,Adm_ inistrative Requirements and Cost Principles Recipients of DHS federal financial assistance must complete OMB Standard Form 4246 Assurances =Non-Construction Programs. Certain assurances in this document may not be applicable to your program, and the awarding agency may require applicants to certify additional assurances. Please contact the program awarding office if you have any questions. The administrative requirements and cost principles that apply to DHS award recipients originate from: 2 C.F.R. Part 200, Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards, as adopted by DHS at 2 C.F.R. Part 3002. II. Acknowledgement of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other of 24 5/20/2016 9:03 AM View Award Package https://eservices.fenia.govlFemaPireGranUfiregrantljsplfle admill/a .. documents describing projects or programs funded in whole or in part with Federal funds. III. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. IV. Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975(42 U.S.C. § 6101 et sec.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. V. Americans with Disabilities Act of 199.0 All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. § 12101-12213). VI. Best Practices for Collection and Use of Personally Identifiable Information (PII) All recipients who collect PII are required to have a publically-available privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. VII. Title VI of the Civil Rights Act of 1964 All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. & 2000d et sea.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. VIII. Civil Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. 3601 et sea.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features (see 24 C.F.R. § 100.201). IX. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 0 of 24 5/20/2016 9:03 AM /Jew Award Package hitps://eservices.fema.gov/FemaFireGi•ant/firegi,anUjsp/fire admin/a.. and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). X. Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. XI. Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 etseq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS has adopted the Act's implementing regulations at 2 C.F.R Part 3001. XII. Duplication of Benefits Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude the non-Federal entity from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal awards. All. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. XIV. Reporting Subawards and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. 1 of 24 5/20/2016 9:03 AM View Award Packagelittps://escrvices.fema.gov/FemaFireGrant/fii-egrantlisp/fire_admin/a... ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http.Ilwww.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives 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. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http.Ilwww..sec.gov /answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term- i. As part of your registration profile at https:Ilwww..sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in 12 of 24 5/20/2016 9:03 AM few Award Package lhttps://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/a... paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives 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. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov /answers/execom p.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year(i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 3 of 24 5/20/2016 9:03 AM