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HomeMy WebLinkAbout97-18 RESOLUTIONr k4m04 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 97-18 File Number: 2018-0206 GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA: A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH WASHINGTON COUNTY REGARDING FUNDING FROM THE GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA IN THE AMOUNT OF $110,718.00 FOR THE POLICE DEPARTMENT, 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 approves Memorandum of Agreement with Washington County regarding funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $110,718.00 for investigator activity, purchase of evidence and information, and vehicle allowances for the Police 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. PASSED and APPROVED on 4/17/2018 Attest: ,is[[1rl J 11 fi Sondra E. Smith, City Cl.�t`�i��sdfit'=" C r af�f o' Page 1 Printed on 4118118 City of Fayetteville, Arkansas Text File File Number: 2018-0206 Agenda Date: 4/17/2018 Version: 1 In Control: City Council Meeting Agenda Number: A. 4 GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA: 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 Status: Passed File Type: Resolution A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH WASHINGTON COUNTY REGARDING FUNDING FROM THE GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA IN THE AMOUNT OF $110,718.00 FOR THE POLICE DEPARTMENT, 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 approves Memorandum of Agreement with Washington County regarding funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $110,718.00 for investigator activity, purchase of evidence and information, and vehicle allowances for the Police 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. City of Fayetteville, Arkansas Paye 1 Printed on 411812018 City of Fayetteville Staff Review Form 2018-0206 Legistar File ID 4/17/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Greg Tabor 3/30/2018 Submitted By Submitted Date Action Recommendation: POLICE (200) Division / Department Staff recommends approval of a memorandum of understanding with Washington County, Arkansas and budget adjustment to recognize federal funding from the Gulf Coast High Intensity Drug Trafficking Area (HIDTA) in the amount of $110,718. 2930.200.2960 -various Account Number 38070-1802 Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Drug Enforcement Fund HIDTA - WAMDT 2018 Project Title Current Budget $ Funds Obligated $ Current Balance Item Cost Budget Adjustment $ 110,718.00 Remaining Budget Previous Ordinance or Resolution # Approval Date: V20160321 I ' CITY COUNCIL AGENDA MEMO Cid' Y ofd AYE°T"TE ILLC APKANSAS MEETING OF APRIL 17, 2018 TO: Mayor and City Council FROM: Greg Tabor, Chief of Police\ DATE: March 30, 2018 SUBJECT: Approval of MOU and Budget Adjustment for Federal Funding from Gulf Coast High Intensity Drug Trafficking Area RECOMMENDATION: Staff recommends approval of a memorandum of understanding with Washington County, Arkansas and budget adjustment to recognize federal funding from the Gulf Coast High Intensity Drug Trafficking Area (HIDTA) in the amount of $110,718 BACKGROUND: The Gulf Coast HIDTA provides federal funding from the Office of National Drug Control Policy to multi -jurisdictional drug enforcement initiatives throughout Arkansas, Louisiana, Mississippi, Alabama, and Tennessee. The Fayetteville Police Department has partnered with Washington County Sheriff's Office, Springdale Police Department, Prairie Grove Police Department, and the local Drug Enforcement Administration office to create the Western Arkansas Mobile Deployment Team (WAMDT) initiative with Washington County being the fiduciary agency. DISCUSSION: WAMDT's mission is to infiltrate and disrupt drug trafficking organizations (DTOs) at the street level. The Gulf Coast HIDTA funds overtime for investigator activity, covert buy money for the purchase of evidence/purchase of information (PEPI), and vehicle allowances. The Gulf Coast HIDTA has approved 2018 funding for the Fayetteville Police Department in the amount of $110,718. This amount represents overtime funding for four (4) investigators at $9,729.50 each including benefits, PEPI in the amount $55,000, and two vehicle allowances at $16,800. This funding has a two-year life span and must be spent by December 31, 2019. WAMDT is currently preparing their 2019 funding request to the Gulf Coast HIDTA, however, future allocations are contingent upon congressional approval. BUDGET/STAFF IMPACT: Increase in budgeted revenue equal to the increase in budgeted expense for this non- matching federal funding to reimburse existing DTF Investigators overtime, covert funds, and vehicle allowances. This budget adjustment has no impact on staffing levels. Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 Attachments: Budget Adjustment Memorandum of Understanding MEMORANDUM OF AGREEMENT BETWEEN WASHINGTON COUNTY, ARKANSAS AND FAYETTEVILLE POLICE DEPARTMENT This Agreement between Washington County, Arkansas and Fayetteville Police Department shall begin on January 1, 2018 and shall not extend beyond December 31, 2019 unless the period is extended by modification of this Agreement. WHEREAS, Washington County, Arkansas has been designated the fiscal agent for the Gulf Coast High Intensity Drug Trafficking Area (HIDTA) program, all requests for payments and budget reprogramming shall pass through Washington County, Arkansas. NOW, THEREFORE, Washington County, Arkansas and Gulf Coast HIDTA hereby agree to the disbursement of HIDTA funds in the amount of $110,718 to the resource recipient, Fayetteville Police Department, under the following terms and conditions: 1. Fayetteville Police Department agrees to follow all applicable federal, state, and local guidelines regarding purchases and other expenditures under the HIDTA program, including but not limited to, the following: OMB Circular 87, OM Circular A-102, OMG Circular A-133, 21 CFR Part 1403, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200), and the Fair Labor Standards Act (FLSA). 2. Fayetteville Police Department agrees to abide by and be bound by the attached budget (Appendix A) for purchases including future reprogramming requests as approved by Washington County, Arkansas and Gulf Coast HIDTA. All reprogramming requests shall be submitted via email to the Gulf Coast HIDTA Director of Operations. 3. Requests for payment shall be submitted on a quarterly basis to the financial office through the HIDTA State Director of Operations at the following address by the 10th day of each month following the quarterly end: Brian Chambers HIDTA State Director of Operations 3730 Appling Road Bartlett, TN 38133 All invoices submitted shall comply with the terms noted in Appendix D. The last invoice from the Resource Recipient (Fayetteville Police Department) shall be received by the HIDTA State Director of Operations no later than the 15th day prior to the grant expiration date, unless the grant is extended. All reimbursement of Overtime Expenses will be submitted using the appropriate form (Appendix C) which must contain the HIDTA Group Task Force Supervisor's signature, certifying the overtime was HIDTA related and with the HIDTA case number contained therein. DocuSign Envelope ID: E37323F8-BDE3-48FC-B1C7-31B607COBC4D 4. Resource Recipient (Fayetteville Police Department) agrees to complete all applicable items in Appendix D and return to Washington County, Arkansas along with the signed agreement. 5. Washington County agrees to transfer funds to the resource recipient after funds have been electronically transmitted by Gulf Coast HIDTA and receipted into Washington County's Treasury Funds. 6. Resource Recipient (Fayetteville Police Department) agrees to reimburse Washington County for any invoice paid by Washington County if such is later disallowed after audit for financial review. 7. For any and all disputes arising out of this Agreement the parties hereto agree that jurisdiction will lie within Washington County, Arkansas. IN WITNESS WHEREOF, the parties acknowledge the Agreement as evidenced by their signatures below. oucuelaneie �; cajt�e .Fvseph Wood Washington County Judge . E Dmagigned by: hf3Fiti?FCgFi3C11�C c c { HIDTA 2018 Disclosure of High Risk Status G18GC0004A Fayetteville Police Department is not currently designated high risk by another federal grant making agency. A Tayefteville Resource 12{ ACKNOWLEDGMENT STATE OF ARKANSAS )SS COUNTY OF__Aj,,t1j On this day before the undersigned, a Notary Public, duly qualified and acting in and for the county and state aforesaid, personally appeared _�.,I +�n 4 _ _366on__ satisfactorily proven to be the person whose name appears in the foregoing instrument, and stated that he/she had executed the sante for the consideration, uses and purposes therein stated. In witness whereof, I hereunto set my hand and seal on this _ [r ( " 'day of 4�1.[ 2018, My Commission Expires: I -UQ -aOwl— A111110111 " A11►11011►r ti+�+►1p41Nf]A SM �'��i PUB00 «��[� otary Public APPENDIX A BUDGET Budget Detail 2018 - Gulf Coast Initiative - Western Arkansas Mobile Deployment Team Interdiction Award Recipient - County of Washington (G18GC0004A) Resource Recipient - Fayetteville Police Department indirect cost, a oolo Awarded Budget (as approved by ONDCP) $381,554.00 Investigative - Law Enforcement Officer 4 $38,918.00 Total Overtime $38,918.00 Vehicle allowance 2 $16,800.00 Total Services $16,800.00 c PE/PI/PS $55,000.00 Total Other $55,000.00 Total Budget _ $110,718.00 Page 14 of 17 2/15/2018 10:50:38 AM APPENDIX B Sub -award Issued To: Fayetteville Police Department Federal Award Identification No. (FAIN): G18GC0004A Federal Award Date: 02/26/2018 Period of Performance: 01/01/2018-12/31/2019 Amount of Federal Funds Obligated by this Award to Fayetteville Police Department: $110,718 Total Amount of Federal Funds Obligated to Fayetteville Police Department including the current obligation (G15+G16+G17+G18):$415,145.86 Total Amount of Federal Award committed to Fayetteville Police Department by Washington County, Arkansas as received from Gulf Coast HIDTA: $415,145.86 Federal Award Project Description: This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Gulf Coast HIDTA and approved by the Office of National Drug Control Policy (ONDCP). Federal Awarding Agency: Executive Office of the President Office of National Drug Control Policy Grantee (Pass Through Entity): Washington County, Arkansas Sheriff Tim Helder County Judge Joseph Wood 1155 Clydesdale Drive Fayetteville, AR 72701 CFDA Name and Number: High Intensity Drug Trafficking Areas Program -95.001 No indirect costs (as defined in CFR 200.414 Indirect (F&A) costs) have been authorized with this grant award. All requests for reimbursement must be by the 10'h day of the month following the end of each quarter and shall be directed to: Brian Chambers HIDTA State Director of Operations Arkansas/Tennessee 3730 Appling Road Bartlett, TN 38133 APPENDIX C Caculation of HIDTA Reimbursable Overtime TFO's NAME HIDTA Overtime this period TFO's Regular pay rate TFO's Overtime rate @ 1.5 *fill in below only if agency Is claimimg fringe associated with HIDTA overtime TFO's Fringe FICA Life Health Retirement Workman's Comp Caculation of Overtime $ 0.00%1 Fringe % - Overtime X Fringe % *please note these are the only allowable fringe cost the HIDTA program will reimburse 10 X13,40%) * Please note this total must match what was paid on checkstub or payroll report submitted Rate X Hours with claim* *Please note only utilize this is agency is claiming fringe* 1.5 rate or regular Overtime rate + rate + fringe rate Overtime rate wl Fringe % $ - fringe cost per hour ($50.10+$6.71) without fringe X d Total HIDTA Request $ - hours ($56.81*20 hrs) APPENDIX D A. General Terms and Conditions This award is subject to The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200 (the "Part 200 Uniform Requirements"), as adopted and implemented by the Office of National Drug Control Policy (ONDCP) in 2 C.F.R. Part 3603. For this 2017 award, the Part 200 Uniform Requirements supersede, among other things, the provisions of 28 C.F.R. Parts 66 and 70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230. For more information on the Part 200 Uniform Requirements, see ii(lt)sa/cfb.gov/CoI'ar/. For specific, award -related questions, recipients should contact ONDCP promptly for clarification. 2. This award is subject to the following additional regulations and requirements: a. 28 CFR Part 69 -"New Restrictions on Lobbying" b. 2 CFR Part 25 -"Universal Identifier and System of Award Management" c. Conflict of Interest and Mandatory Disclosure Requirements, set out in paragraph 7 of these terms and conditions d. Non-profit Certifications (when applicable) Audits conducted pursuant to 2 CFR Part 200, Subpart F, "Audit Requirements" must be submitted no later than 9 months after the close of the grantee's audited fiscal year to the Federal Audit Clearinghouse at I�eij_F'+I� is �e,�c.i,c.c r75�_,c�vl�<icwela/. 4. The recipient gives ONDCP or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. 5. Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the grantee, its fiscal agent(s), employees, contractors, as well as state, local and Federal participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. 6. These general terms and conditions as well as archives of previous versions of the general terms and conditions are available online at www.whitehOLl_ LIOV/ r trl�grtilis . 7. Conflict of Interest and Mandatory Disclosures a. Coi111ict oI' huresl Requirements As a non -Federal entity, you must follow ONDCP's conflict of interest policies for Federal awards. Recipients must disclose in writing any potential conflict of interest to an ONDCP Program Officer; recipients that are pass-through entities must require disclosure from sub -recipients or contractors. This disclosure must take place immediately whether you are an applicant or have an active ONDCP award. The ONDCP conflict of interest policies apply to sub -awards as well as contracts, and are as follows: As a non -Federal entity, you must maintain written standards of conduct covering conflicts of interest and governing the performance of your employees engaged in the selection, award, and administration of sub -awards and contracts. ii. None of your employees may participate in the selection, award, or administration of a sub -award or contract supported by a Federal award if he or she has an apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an organization considered for a sub -award or contract. The officers, employees, and agents of the non -Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from sub -recipients or contractors or parties to sub -awards or contracts. iii. If you have a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian tribe, you must also maintain written standards of conduct covering organizational conflict of interest. Organizational conflict of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, you are unable or appear to be unable to be impartial in conducting a sub -award or procurement action involving a related organization. b. Mandator Disclosure Requirement As a non -Federal entity, you must disclose, in a timely manner, in writing to ONDCP all violations of Federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Federal award. Non -Federal entities that have received a Federal award that includes the term and condition outlined in 200 CFR Part 200, Appendix XII "Award Term and Condition for Recipient Integrity and Performance Matters," are required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in remedies such as: temporary withholding of payments pending correction of the deficiency, disallowance of all or part of the costs associated with noncompliance, suspension, and termination of award, debarment, or other legally available remedies outlined in 2 CFR 200.338 "Remedies for Noncompliance". c. HA l'A"[)BATA_ Act Coto nli} :ncc� Each applicant is required to i. Be registered in the System for Award Management (SAM) before submitting its application ii. Provide a valid DUNS number in its application iii. Continue to maintain an active SAM registration with current information at all times during which it has an active Federal award iv. Provide all relevant grantee information required for ONDCP to collect for reporting related to FFATA and DATA Act requirements. 8. Washington County, Arkansas, as the Grantee, is required to monitor this subaward as outlined in 2 CFR 200.331. 9. Recipients must comply with the Government -wide Suspension and Debarment provision set forth at 2 CFR Part 180. 10. As specified in the HIDTA Program Policy and Budget Guidance, recipient must: a. Establish and maintain effective internal controls over the Federal award that provides reasonable assurance that Federal award funds are managed in compliance with Federal statutes, regulations and award terms and conditions. These internal controls should be in compliance with the "Standards for Internal Control in the Federal Government," issued by the Comptroller General of the United States and the "Internal Control Integrated Framework," issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). b. Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards. c. Evaluate and monitor compliance with applicable statutes, regulations, and the terms and conditions of the Federal awards. d. Take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings. e. Take reasonable measures to safeguard protected personally identified information (PII) and other information ONDCP or the recipient designates consistent with applicable Federal, state, and local laws regarding privacy and obligations of confidentiality. B. Program Specific Terms and Conditions The following special conditions are incorporated into each award document. 1. This grant is awarded for above program. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's HIDTA Program Policy and Budget Guidance. 2. This award is subject to the requirements in ONDCP's HIDTA Program Policy and Budget Guidance. No HIDTA fiends shall be used to supplant state or local funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. Special accounting and control procedures must govern the use and handling of HIDTA Program funds for confidential expenditures; i.e., the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6 of the HIDTA Program Policy and Budget Guidance. Property acquired with these HIDTA grant funds is to be used for activities of the Gulf Coast HIDTA, this equipment must be made available to the HIDTA's Executive Board for use by other HIDTA participants. 7. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. C. Federal Award Performance Goals All entities that receive funds from this award are responsible for achieving performance goals established in the HIDTA Performance Management Process (PMP) and approved by the HIDTA's Executive Board and ONDCP. 2. All entities that receive funds from this award must report progress in achieving performance goals at least quarterly using the PMP. ACCEP'T'ANCE OF GRANT CONDITIONS Date: 4-1q-16 FYyettevi[1 olive Resource R cinir� City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 POLICE (200) 2018 Requestor: W. Newman BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Establish revenue and expense budget for federal funding related to the 2018 Gulf Coast High Intensity Drug Trafficking Area (HIDTA). RESOLUTION/ORDINANCE COUNCIL DATE: 4/17/2018 LEGISTAR FILE ID#: 2018-0206 Lik g utche w 3/30/2018 4:05 PM Budget Director TYPE: DESCRIPTION: GLDATE: POSTED: Date TOTAL Account Number 110,718 Increase / Expense 110,718 (Decrease) Revenue Project.Sub# Project Sub AT v.20180119 Account Name 2930.200.2960-4309.01 - 110,718 38070 1802 RE Federal Grants - Operational 2930.200.2960-5120.00 38,918 - 38070 1802 EX Personnel Other- Contra 2930.200.2960-5379.07 55,000 - 38070 1802 EX Confidential DTF - HIDTA PEPI 2930.200.2960-5802.00 16,800 - 38070 1802 EX Vehicles & Equipment - base C:\Users\losmith\AppData\Roaming\L5\Temp\fe91771 e-9d40-474f-b6d3-ddaOfbd70fe9 1 of 1