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Home My WebLink About251-19 RESOLUTION0, FPYEIIF L Ali ).ua�x \µm SRK A N5 PS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 251-19 File Number: 2019-0658 SELECTIVE TRAFFIC ENFORCEMENT PROJECT GRANT AWARD: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2020 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT IN THE AMOUNT OF $90,700.00, 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 2020 Selective Traffic Enforcement Program (STEP) grant award in the amount of $90,700.00. 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 on 11/19/2019 %��ER K Attest: �.��y.• CITyo Fy Lisa Branson, Deputy City C/4 pIV Cov�� Page 1 Printed on 11120119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0658 Agenda Date: 11/19/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 2 SELECTIVE TRAFFIC ENFORCEMENT PROJECT GRANT AWARD: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2020 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT IN THE AMOUNT OF $90,700.00, 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 2020 Selective Traffic Enforcement Program (STEP) grant award in the amount of $90,700.00. 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. city of Fayetteville, Arkansas Page 1 4 Printed on 11/20/2019 City of Fayetteville Staff Review Form 2019-0658 Legistar File ID 11/19/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Mike Reynolds POLICE (200) Submitted By Submitted Date Division / Department Action Recommendation: 10/4/2019 Staff recommends acceptance of the FY2020 Selective Traffic Enforcement Project (STEP) Grant Award and approval of a budget adjustment in the amount of $90,700. Budget Impact: 1010.200.2920-various General Account Number Fund 31607-1920-4302/4309 Police STEP Grant Project Number Project Title Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 90, 700.00 I s 90,700.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 19, 2019 TO: Mayor and City Council 1&44, FROM: Mike Reynolds, Chief of Police DATE: October 3, 2019 CITY COUNCIL MEMO SUBJECT: FY2020 Selective Traffic Enforcement Project (STEP) Grant Award RECOMMENDATION: Staff recommends acceptance of the FY2020 Selective Traffic Enforcement Project (STEP) Grant Award and approval of a budget adjustment in the amount of $90,700. BACKGROUND: The Fayetteville Police Department has participated in STEP every year since its inception in 1998. For 22 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 known problem areas. 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 FY2020 STEP Grant Award is based on local in -kind match of expenses and an award of $87,700 in federal and $3,000 in state grant funding. Local in -kind matching funds required for the FY2020 STEP grant in the amount of $19,000. 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 grant award runs from October 1, 2019 to September 30, 2020. 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. BUDGET/STAFF IMPACT: In -kind expenses in the amount of $19,000 are budgeted annually within our operating budget. 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. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: Budget Adjustment FY2020 STEP Grant Award Documents State of Arkansas `• ARKANSAS STATE POLICE�� 1 State Police Plaza Drive Little Rock, Arkansas 72209-4822 www.asp.arksnsas.gov Asa Hutchinson William J. Bryant Governor "SERVING WITH PRIDE AND DISTINCTION SINCE 1935" Director FY 2020 HIGHWAY SAFETY SUBGRANT AGREEMENT RECIPIENT Fayetteville Police Department Telephone: (479) 587-3581 Fax: {479)587-3570 TAX ID NO: 71 - 6018462 TYPE OF APPLICATION Initial Revision GOVERNMENTAL UNIT 100 West Rock Street Fayetteville Arkansas 72701 Washington County PROJECT NO: OP-2020-02-02-08 M5X-2020-06-06-08 SE-2020-01-01-08 DD-2020-02-02-08 FAIN NO: 69A3752000004020AR0 69A375200000405dARM X Continuation DUNS NO: 75657742 INITIAL PROJECT STARTING DATE PROJECT TITLE: Selective Traffic Enforcement Program FY2020 10101 /1999 OPERATIONAL AREA OF PROJECT Fayetteville AMOUNT Police Dept COST CATEGORY FEDERAL STATE LOCAL PROJECT PERIOD FUNDING PERIOD Personal Services $84,000.00 $14,000.00 From: 10/01/2019 From: 10/01/2019 Equipment $0.00 To: 09/30/2020 To: 09/30/2020 $3,700.00 Maintenance & $5,000.00 SOURCE Operation Federal Other Direct Costs $3,000.00 $0.00 State Indirect Cost Administrative Costs Local Total $87,700.00 $3,000.00 $19,000.00 Total Page I of 10 FUNDING AMOUNT $87,700.00 $3,000.00 $19,000.00 $109, 700.00 ARKANSAS STATE POLICE HIGHWAY SAFETY SUB GRANT AGREEMENT TABLE OF CONTENTS Page BACKGROUND............................................................................................................................................. 3 PROBLEMSTATEMENT...............................................................................................................................3 GOALS.................................................. ............................ ....................................................... 4 SCOPEOF WORK.........................................................................................................................................4 WORKSTATEMENT..................................................................................................................................... 5 ACCEPTANCE AND AUTHORIZATION TO PROCEED.........................................................................10 SUB -GRANT AGREEMENT/CONTRACT TERMS.................................................................. Appendix i CERTIFICATIONS AND ASSURANCES ........................................... ........ ................................ Appendix ii BUDGET REQUEST AND LOCAL MATCH........................................................................... Appendix iii Agreement Prepared By: Michael Catanach Title: Program Manager Arkansas State Police Arkansas Highway Safety Office l State Police Plaza Drive Little Rock, AR 72209 (501)618-8137 (501) 618-8124 fax Page 2 of 10 ARKANSAS STATE POLICE HIGHWAY SAFETY SUB GRANT AGREEMENT 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 (2012 - 2016), 525 people lose their lives each year on Arkansas roadways. In 2016, there were 545 total traffic fatalities compared to 570 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 135 per year. There were 117 alcohol -related fatalities in 2016. An additional area of concern is occupant protection where in 2016 there were 194 unrestrained passenger vehicle occupant fatalities. In 2016, Arkansas' safety belt use rate was 75.1 %, while the National use rate stood at 90%. Arkansas' safety belt use rate increased to 8 1 % in 2017. Also of concern are speed -related fatalities where in 2015, 90 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 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 Imparied Driving, Seat Belt and Speed mobilizations/campaigns. Page 3 of 10 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT SCOPE OF WORK .PROJECT GOALS: The overall goal of this project is to decrease the number of traffic -related crashes and fatalities by conducting a Selective Traffic Enforcement Project in the city of Fayetteville, Arkansas. The goal for each component of this project is as follows: Alcohol Component (Section 405)- Reduce the annual number of alcohol -related crashes from 127 and reduce alcohol -related fatalities from 7 as recorded in 2017. Seat Belt Component (Section 402)- Increase seat belt use from 80% as recorded in 2017. Speed Component (Section 402)- Reduce the annual number of speed -related crashes from 48 and reduce speed -related fatalities from 2 as recorded in 2017. SUMMARY OF PROJECT OBJECTIVES: This projecVs, primary objectives are to achieve as average of two (2) - three (3) vehicles stops per hour per officer during seat belt enforcement (with an emphasis on enforcement of occupant restraint laws); two (2) - three (3) vehicle stops per hour per officer during speed enforcement; and one (1) DWI/DUI arrest per eight (8) — twelve (12) hours per officer during DWI/DUI enforcement. A public information and education program will support these objectives. METHOD OF EVALUATION BY ASP/HSO ADMINISTRATIVE: X IMPACT EVALUATION: X By achievement of project objectives. ASP/AHSO will reimburse the recipient an amount equal to % of all eligible cost. X ASP/AHSO will reimburse the recipient an amount equal to all eligible costs as identified in work statement. REIMBURSEMENT LIMITS 1. Maximum amount eligible for reimbursement: Federal Funds: $87,700.00 State Funds: $3,000.00 2. Only those orders placed and costs incurred during the following time period shall be eligible for reimbursement: (Date) 10/01/2019 to (Date) 09/30/2020 3. The recipient must bear all costs not elieible 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 Terns. 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 10 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. Project Coordinator, or designee, will work with their designated AHSO Program Manager to ensure they understand State, Federal and Highway Safety Office policies and procedures. 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), speed limit, child passenger protection, distracted driving 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. 5. Seat belt enforcement (from 6:00 a.m. until 9:00 p.m.) will emphasize enforcement of seat belt and child restraint laws. Speed enforcement (from 6:00 a.m. until 9:00 p.m.) will emphasize speed violations. DWI/DUI enforcement will emphasize enforcement of DWI/DUI laws and start no earlier than 9:00 p.m. and end no later than 6:00 a.m. any day of the week. Participating officers are expected to average two vehicle stops per hour when not actively processing a DWI arrest during DWI enforcement. The AHSO retains the right to limit or modify enforcement hours and days at its discretion and as necessary to help projects meet performance objectives as stated in Work Statement six (6). Officers working on the project are expected to enforce all the laws cited in this agreement during seat belt, speed, DWI/DUI and Distracted Driving enforcement. 6. Performance objectives for the project and individual participating officers are as follows: Seat Belt/Speed: two (2) to three (3) stops per hour; DWI/DUI: 1 DWI arrest per eight (8) to twelve (12) hours. Nothing in this agreement shall be interpreted as a requirement, formal or informal, that an officer issue a specific or predetermined number of citations in pursuance of the organization's obligations here under. The organization agrees to complete the above stated objectives in addition to completing the normal routine agency traffic enforcement activities. 7. Participate in two (2) Seat Belt, three (3) DWI/DUI, one (1) Speed and one (1) Distracted Driving mobilization(s) 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. Mobilization dates are as follows but are subject to change. State Thanksgiving Seat Belt Mobilization - November 25 - Dec 1, 2019 National Winter DWI Mobilization - December 11, 2019 - January 1, 2020' • Distracted Driving Mobilization - April 6 - April 13, 2020 National Memorial Day Seat Belt Mobilization - May 18 - May 30, 2020 Page 5 of 10 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT State July 4th Holiday DWI Mobilization - June 26 - July 5, 2020 State Speed Mobilization - July 13 - July 19, 2020 National Labor Day DWI Mobilization - August 21 - September 7, 2020* *Conduct checkpoints and/or saturation patrols on at least four nights during the National DWI mobilizations. Participation in all State, National and Regional 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. 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. 8. Conduct Public Information and Education (PIBE) 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. Please click on www.trafficsafetymarketing.gov for materials to assist you in conducting these activities. 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, 2020. 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: EQUIPMENT: Portable Pole Mounted Speed Display at $3,700 each to be used during overtime traffic Page 6 of 10 ARKANSAS STATE POLICE HIGHWAY SAFETY SUB GRANT AGREEMENT 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 and must comply with the Buy America Act. 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 Arkansas Code Annotated (A. C. A.) 27-37- 701 thru 27-37-707 (the mandatory seat belt law). A violation of the mandatory seat belt law is a "primary" offense for enforcement purposes. 14. Ensure that all officers working on this project are familiar with A.C.A. 27-34-101 thru 27-34-108 (the "Child Passenger Protection Act"). 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 law 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 A.C.A. 5-65-103 and 5-56-205 shall be determined to be DWI arrests. Youthful offenders arrested for violation of A.C.A. 5-65-303 shall be determined to be DUI arrests. 16. Ensure that all officers working on this project are familiar with laws concerning Distracted Driving. Act 738 of 2019 amends A.C.A. 27-51-1501 thru 27-51-1506 and 27-51-1601 thru 27-51-1610 to comply with distracted driving requirements under Federal law. These laws prohibit the use of wireless communication devices for texting while driving; limit wireless communication device use by young drivers: prohibit wireless communication device use by drivers under eighteen years of age and drivers who are at least eighteen but under twenty-one years of age from using wireless communication devices (allows drivers who are at least eighteen but under twenty one years of age to use hands -free wireless telephones or devices); and to improve the safety of highways and roads by prohibiting wireless communication device use in school zones and highway work zones. 17. Ensure department implements policies and internal controls to prevent fraud and misuse of grant funds. 18. Submit monthly reimbursement requests, local match reporting form and activity reports, including PI&E activities, along with a cover letter(s) by the 15th 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. This annual report and the final reimbursement request are due within 30 days following the end of the project period. Final reimbursement will Page 7 of 10 ARKANSAS STATE POLICE HIGHWAY SAFETY SUBGRANT AGREEMENT 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, and officers signed the Acknowledgement Form. 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 should also be included in this file. 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 8 of 10 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 Subgrantee 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 9 of 10 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 Fixing America's Surface Transportation (FAST) Act, 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 2 CFR Part 1201 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 i (Subgrant Agreement/Contract Terms) and Appendix ii (Certifications and Assurances), 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 Fayetteville Police Department has appointed the following official representatives with legal authority to accept this subgrant agreement. A. SUBGRANT DIRECTOR 1. Signature: Mike Reynolds 2. Name: Mike Reynolds 3. Title: Chief of Police 4. Date: 11 /19/2019 B. AUTHORIZING OFFICIAL 1. Signature: 2. Name: 3. Title: 4. Date: Lioneld Jordan Lioneld Jordan Mayor 11/19/2019 Approval to proceed, effective 10/01/2019 to 09/30/2020 with committed Federal funds of $87,700.00 and State funds of $3,000.00, given by the State Official responsible to the Governor for administration of the State Highway Safety Program: Approved: William J. Bryant Director, Arkansas State Police and Governor's Highway Safety Representative 12/03/2019 Date Page 10 of 10 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 Fixing America's Surface Transportation (FAST) Act, 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 2 CFR Part 1201 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 i (Subgrant Agreement/Contract Terms) and Appendix ii (Certifications and Assurances), 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 Fayetteville Police Department has appointed the following official representatives with legal authority to accept this subgrant agreement. A. SUBGRANT DIRECT%TTOORR �i - B. I. Signature: 1 �h-' 1. Sie 2. Name: Mike Reynolds 2. Na 3. Title: Chief of Police 3. Title: Mayor 4. Date: 11/19/2019 4. Date: 11/19/2019 Approval to proceed, effective 10/01/2019 to 09/30/2020 with committed Federal funds of $87,700.00 and State funds of $3,000.00, 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 10 of 10 Appendix i ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE GENERAL PROVISIONS AND SUBGRANT AGREEMENT/CONTRACT TERMS The terms below are hereby included as part of this subgrant agreement/contract. 1. Glossary of Definitions II. Changes III. Disputes IV. Conditions for Termination Prior to Completion V. Excusable Delays VI. Non -Collusion VII. Cost Provisions VI11. Uniform Administrative Requirements IX. Method of Payment X. Terms and Conditions of Payment XI. Inspection/Monitoring XII. Property Management XIII. Record Retention XIV. Ownership of Data and Creative Material XV. Reports XV1. Equal Opportunity XVII. Subcontractual XV11I. Utilization of Small Business Concerns XIX. Order of Precedence XX. Subgrant's/Contractor's Liability XXI. Save Harmless XXII. Tax and Compensation Liability XXIII. Reimbursement of Eligible Expenditures XXIV. Application of Hatch Act XXV. Standards for Contractor Financial Management System XXVI. Procurement XXVII. Procurement Procedures - Breath Testing Equipment XXVIII. Minority Business Enterprise XXIX. Payroll Procedures XXX. Travel Procedures XXXI. Confidentiality Requirements Rev. 712612019 Page G 1 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE GENERAL PROVISIONS AND SUBGRANTAGREEMENT/CONTRACT TERMS I. GLOSSARY OF DEFINITIONS This glossary defines those terms whose meanings may be unclear in the subgrant agreement/contract in which they are used. These definitions are meant to apply only to the usage of these terms in this subgrant agreement/contract. Activi - Elements of work that accumulate to accomplish contract objectives. Activity Number - A number assigned by the HSO for internal management. Actual - The attained state of resources expended and/or accomplishments. Ark._Stat. Ann. - Arkansas Statutes Annotated. ASP - Arkansas State Police. Authorizing Official - The Contractor's or Subgrantee legally appointed person authorized to commit the organization to contract or subgrant agreement. Budgeted - The estimated level of expenditure set up in the contract. CFR - Code of Federal Regulation. Contractor - The State agency, county, city, quasi -public organization, private individual, or corporation entering into a contract with the HSO. Contract Director - The duly authorized representative of the Contractor charged with the responsibility of executing the contract. Contract Period— The period of time in which all activities specified in the contract must be performed. Coordinator/Administrator - The State official appointed by the Governor's Representative for Highway Safety to be responsible for the Highway Safety Program. Cost Incurred - Costs are considered incurred on the date that goods/services are received and accepted. DOT - Department of Transportation. Cost Incurred - Costs are considered incurred on the date that goods/services are received and accepted. Evaluation - A process that involves measuring the success or failure of an activity in achieving predetermined objectives; a judgment of value of worth. FHWA - Federal Highway Administration, U.S. Department of Transportation. Rev. 712612019 Page G2 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE GENERAL PROVISIONS AND SUBGRANT AGREEMENT/CONTRACT TERMS FY - Fiscal Year. Federal Fiscal Year starts October lst and ends September 30 of each year. State Fiscal Year starts July 1 st and ends June 30 of each year. Funding Period eriod - The period of time in which the Subgrantee/Contractor can incur costs eligible for reimbursement. Governor's Highway Safety Representative.- The State official who is responsible to and represents the Governor in the conduct of the Statewide Highway Safety Program (Director - Arkansas State Police). Grantor Agency+- Arkansas State Police. Highway SafetyManager - A staff member authorized by the Highway Safety Office Administrator to oversee the day to day activities of the Highway Safety Program and serve as deputy to the Administrator. HSO - Highway Safety Office. HSP - Highway Safety Plan as required by NHTSA and DOT. NHTSA - National Highway Traffic Safety Administration, U.S. Department of Transportation. OMB - Office of Management and Budget. Obli acted - The proposed level of accomplishments that are budgeted and funded. PM - Program Module. P�SP - Problem Solution Plan. Political Subdivision- A generally recognized governmental unit below the State level having a defined geographic area of the State. Program Managgr - A staff member authorized by the Administrator to act as the liaison between the HSO and the Subgrantee/Contractor in all matters pertaining to a subgrant agreement/contract. Project Period (Period of Performance) The time during which the non -Federal entity may incur new obligations to carry out the work authorized under the award. Standard Number - A number assigned to one of the 18 highway safety program areas as developed by NHTSA and promulgated by the Secretary, U.S. Department of Transportation. State Agency - An administrative division of State Government. Subgrantee - The State agency, county, city, quasi -public organization, private individual, or corporation entering into a subgrant agreement with the HSO. Subgrant Director - The duly authorized representative of the Subgrantee charged with the responsibility of executing the subgrant agreement. USC - United States Code. YTD - Year to date. Rev. 712612019 Page G3 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS II. CHANGES/PROJECT REVISIONS A. Any change (project revision) to this subgrant agreement/contract document must be requested by written notice 30 days prior to the anticipated effective date of the proposed change if possible. Upon request, a Subgrant Agreement/Contract Change Order form will be furnished to the Subgrantee/Contractor, which must be submitted with the Authorizing Official's signature. Upon receipt of the Subgrant Agreement/Contract Change Order, the HSO will review and either approve or disapprove this change. B. Likewise, any change in this subgrant agreement/contract document initiated by the HSO will require notice to the Subgrantee/Contractor of the proposed change 30 days prior to the anticipated effective date of same if possible. The Subgrantee/Contractor will be given 10 working days to review and either concur or contend to the proposed change. C. Any disputes or disagreements arising from A or B above will be arbitrated as set forth in Contract SubgrantAgreement/Term III. III. DISPUTES A. Except as otherwise provided in this subgrant agreement/contract, any dispute concerning a question of fact arising under this subgrant agreement/contract which is not disposed of by agreement shall be decided by the Coordinator/Administrator, who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the Subgrantee/Contractor. The decision of the Coordinator/Administrator shall be final and conclusive unless, within 30 days from the date of receipt of such copy if possible, the Subgrantee/Contractor mails or otherwise furnishes to the Coordinator/Administrator a written appeal addressed to the HSO. The decision of the HSO or its authorized representative for the determination of such appeals shall be final and conclusive unless it is determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Subgrantee/Contractor shall be afforded an opportunity to be heard and to offer evidence in support of his/her appeal. Pending final decision of a dispute hereunder, the Subgrantee/Contractor shall proceed diligently with the performance of the subgrant agreement/contract and in accordance with the HSO's decision. B. This "DISPUTES" clause does not preclude consideration of law questions in connection with decisions provided for in Paragraph A above, and nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Rev. 712612019 Page G4 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS IV. CHANGES/PROJECT REVISIONS If, through any cause other than acts of God or the public enemy, flood, or quarantine restrictions, the Subgrantee/Contractor should fail to fulfill in timely or proper manner the obligations of this agreement/contract, the HSO may terminate this agreement/contract by giving written notice to the Subgrantee/Contractor at least 7 days prior to the effective date of termination and by specifying the effective date of termination. All furnished or unfurnished documents, data, studies, surveys, reports, maps, drawings, models, and photographs prepared by the Subgrantee/Contractor shall, at the option of the HSO, become the property of the HSO and the Subgrantee/Contractor shall be entitled to receive only reasonable and equitable compensation for the satisfactory work completed, and only in proportion to the monetary consideration covenanted and agreed upon in the contract for the completed scope of the work. At their convenience, the principals to this agreement may terminate this agreement by one giving to the other, or each giving to the other, written notice at least 30 days prior to the effective date of termination, and by specifying the effective date of termination. Upon termination of this agreement/contract, whether for cause or at the convenience of one or both principals, the Subgrantee/Contractor shall be reimbursed for the portion of out-of-pocket expenses (not otherwise reimbursed prior thereto) incurred by the Subgrantee/Contractor during the project/contract period which are directly attributable to the incompleted portion of the services covered by this agreement. The Subgrantee/Contractor shall be paid an amount which bears the same ration to the total compensation as the services actually performed bear to the total services of the Subgrantee/Contractor. V. EXCUSABLE DELAYS Except with respect to defaults of Subcontractors, the Subgrantee/Contractor shall not be in default by reason of any failure in performance of this agreement/contract in accordance with its terms (including any failure by the Subgrantee/Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if such failures arise out of causes beyond the control and without the fault or negligence of the Subgrantee/Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Subgrantee/Contractor. If the failure to perform is caused by the failure of a Subcontractor to perform or make progress, and if such failure arises out of cause beyond the control of the Subgrantee/Contractor and Subcontractor, and without the fault or negligence of either of them, the Subgrantee/Contractor shall not be deemed to be in default, unless (a) the supplies or services to be furnished by Subcontractor were obtainable from other sources, (b) the Coordinator shall have ordered the Subgrantee/Contractor in writing to procure such supplies or services from other sources, or (c) the Subgrantee/Contractor shall have failed to comply reasonably with such order. Upon request of the Contractor, the Coordinator shall ascertain the facts and extent of such failure, and if he/she shall determine that any failure to perform was occasioned by one or more of the said causes, the delivery schedule shall be revised accordingly. Rev. 712612019 Page G5 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS Vl. NON -COLLUSION The Subgrantee/Contractor warrants that he has not employed or retained any company or person, other than a bonafide employee working for the Subgrantee/Contractor, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the HSO shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. VII. .COST PROVISIONS 2 CFR Part 225 - Cost Principles for State, Local, and Indian Tribal Governments (OMB A-87), 2 CFR Part 220 - Cost Principles for Educational Institutions (OMB A-21), 2 CFR Part 230 - Cost Principles for Non -Profit Organizations (OMB A-122), 45 CFR Subtitle A - Appendix E to Part 74 - Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals, and 48 CFR Part 31 - Cost Principles for For -Profit Organizations other than a hospital and an organization named in OMB Circular A-1 22 as not subject to that circular, are hereby incorporated as part of this agreement and shall govern allowability of costs where appropriate. Note: The cost principles are now consolidated under the OMB Super Circular as 2 CFR Part 200. The electronic version can be found at http://www.ecfr.gov. VIII. UNIFORM ADMINISTRATIVE REQUIREMENTS 2 CFR Part 1201 and 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards which can be found at http://www.ecfr.gov. IX. METHOD OF PAYMENT Under the Standard Method of Payment, the Subgrantee/Contractor agrees to perform the work previously stated and to accept as payment reimbursement(s) for actual costs incurred, in accordance with the terms of the agreements/contract. Other methods which may be used to pay Consultants are as follows; (1) lump sum, (2) cost per unit of work, (3) cost plus a fixed fee amount, or (4) specific rates of compensation. The specific rates of compensation method should be considered only if all other methods have been found to be inappropriate. Rev. 712612019 Page G6 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS Each of the acceptable Consultant methods of payment is discussed below: A. Lump Sum By this method, the Consultant undertakes to perform the services stated in the agreement for an agreed amount of compensation. This method of payment is appropriate only if the extent, scope, complexity, character, and duration of the work to be required has been established to a degree that just compensation can be determined and evaluated by all parties at the time of negotiations. When submitted for approval, each proposed agreement wherein payment is to be by a lump sum shall be accompanied by a copy of an estimate prepared by the Consultant showing a statement of his probable costs for the several elements of the work and his expected net fee. The Consultant's statement is to include a supported breakdown of the costs, direct and indirect which the firm expects to incur. The Consultant's method of dividing the project into work units is to be such that the estimate can be intelligently reviewed. To be considered for Federal -aid reimbursement, the lump sum amount proposed must be found by the Governor's Representative or appropriate State agency to be a just and equitable compensation, and must be supported by documentation as to the basis for such findings. The agreement should contain provisions for the adjustment of the lump sum amount in the event of changes in the work to be performed. B. Cost Per Unit of Work. By this method, the Consultant is paid on the basis of the unit of work performed. This method is appropriate when the related unit cost of the work can be determined in advance with reasonable accuracy, but the extent of the work is indefinite. A proposal utilizing this method payment is to be supported in the same manner as that specified for the lump sum method. C. Cost Plus a Fixed Fee By this method, the Consultant is reimbursed for his costs and receives in addition a predetermined amount as a fixed fee. When at the time of negotiations with the Consultant, it is found not feasible to establish payment on the basis of the lump sum or cost per unit of work method, payment should be on the basis of reimbursement of the acceptable costs incurred by the Consultant plus a predetermined amount. This method of payment is appropriate when the extent, scope, complexity, character, or duration is indeterminable at the time of negotiations, or where the work is of a nature that the State agency does not have the experience or knowledge to permit an evaluation of the Consultant's proposal as required to support a lump sum amount. Rev. 712612019 Page G7 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS D. Specific Rates of Compensation By this method the Consultant is paid at an agreed and supported specific fixed hourly or daily rate for each class of employee directly engaged in the work. Such rates of pay include the Consultant's estimated costs and net fee. This method of payment should be considered only on those occasions where none of the three methods of payment described under method 1.2., or 3. can be used. It should be considered only for relatively minor items of work of indeterminable extent over which control is maintained of the class of employee to be used and the extent of such use. The specific rates of compensation are to include, and the agreement or referenced supporting data shall specifically identify and set forth separately, the direct salary costs, salary additives, indirect costs, and the fixed fee. Other direct costs may be set forth as an element of the specific rate or may be included as independent cost items. The specific rates so determined are to be established by the Consultant and found by the Governor's Representative to be reasonable and proper. Consultant agreements providing that payment is to be based or adjusted on a prescribed percentage of estimated or actual cost times a multiplier, will not be accepted for Federal -aid reimbursement. When the method of payment for Consultant services is other than a lump sum, the agreement must specify an upper limit of compensation. There should be recognition, however, that the reasons underlying the selection of the method of payment preclude arriving at a realistic estimate of the total anticipated costs of the service. The basis for establishment of the amount specified as the upper limit should be documented and provisions should be made to permit adjustment in the upper limit when the Consultant is able to establish, to the satisfaction of the governmental agency and Governor's Representative, that there has been or is to be a significant change in the (1) scope, complexity, or character of the services to be performed, (2) conditions under which the work is required to be performed, or (3) duration of work. In the case of the Cost -Plus Fixed Fee method, an appropriate adjustment in the predetermined net fee shall be considered. X. TERMS AND CONDITIONS OF PAYMENT A. Unless otherwise specified in the agreement/contract Work Statement, the Subgrantee/Contractor agrees to bill the ASP at monthly intervals only, using the forms and format specified. The maximum amount of the total subgrant agreement/contract is specified in the agreement/contract. B. The Subgrantee/Contractor agrees to submit the final bill no later than 30 days after the termination of the funding period. C. The Subgrantee/Contractor agrees to submit no bill for work performed or material delivered unless such bill is accompanied by a report which complies with the requirements of the Work Statement. Rev. 712612019 Page G8 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS XI. INSPECTION/MONITORING The ASP, (including, as an adjunct thereto, agents of the Federal Government when Federal funds are involved) has the right, at all reasonable times, to inspect, or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any inspection or evaluation is made by the HSO on the premises of the Subgrantee/Contractor or a Subcontractor, the Subgrantee/Contractor shall provide and shall require his Subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the HSO personnel in their duties. All inspections and evaluation shall be performed in such a manner as will not unduly delay the work. XII. PROPERTY MANAGEMENT See 2 CFR Part 1201 and 2 CFR Part 200 XIII. RECORD RETENTION See 2 CFR Part 1201 and 2 CFR Part 200 XIV. OWNERSHIP OF DATA AND CREATIVE MATERIAL The ownership of material, discoveries, inventions, and results developed, produced, or discovered by this agreement/contract is governed by the terms of 2 CFR Part 1201 and 2 CFR Part 200. XV. OWNERSHIP OF DATA AND CREATIVE MATERIAL A. Before publication or printing, the final draft of any report(s) required under the agreement/contract schedule shall be submitted to the HSO for review and concurrence. Review and approval by the National Highway Traffic Safety Administration will be coordinated by the ASP prior to returning comments or approvals to the Subgrantee/Contractor. All recorded information which is produced in the performance of this agreement shall be the sole property of the Arkansas State Police, Highway Safety Office, and reports or other such information are to be regarded as material in the public domain and shall not be copyrighted or restricted as to the distribution and reproduction. The Subgrantee/Contractor shall famish the ASP with the quantity of copies of the report(s) specified in the agreement/contract. B. Each report covered by Paragraph A must include the following statements on the cover page: I. This report was prepared for the HSO, in cooperation with DOT's NHTSA or DOT's FHWA. 2. The conclusions and opinions expressed in this document are those of the author, and do not necessarily represent those of the State of Arkansas, ASP, DOT or any other agency of the State or Federal Government. Rev. 712612019 Page G9 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS XVI. EQUAL OPPORTUNITY The Subgrantee/Contractor assures and certifies: A. The Subgrantee/Contractor will comply with Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, handicap, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance, and the Subgrantee/Contractor will immediately take any measures necessary to effectuate this agreement. B. The Subgrantee/Contractor will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. XVII. SUBCONTRACWAL A. The Subgrantee/Contractor shall give advance notice to the HSO of any proposed subcontract hereunder, and the Subgrantee/Contractor shall not, without prior written approval of the Administrator, enter into such subcontract. (See Paragraph B. below.) B. NHTSA or FHWA may require approval of any contract for professional services prior to issuance and initiation of work. This review may take up to 30 days and shall consider, in part, the following matters: 1. NHTSA or FHWA may require approval of any contract for professional services prior to issuance and initiation of work. This review may take up to 30 days and shall consider, in part, the following matters: 2. Manner of selection from those qualified to perform the service; 3. Necessity for subcontracting; 4. Review of the contract, to ensure that minimum terms of the prime contract have been incorporated into the subcontract; 5. Pre -award audit has been performed for contracts in excess of $25,000.00; and, 6. The Subgrantee/Contractor's price breakdown includes costs (if any) for personal services, subcontracts, commodities, other direct costs, indirect costs, and profit. Rev. 712612019 Page G 10 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS XVlli. UTILIZATION OF SMALL BUSINESS CONCERNS A. It is the policy of the United States Government as declared by the Congress that a fair proportion of the purchases and contracts for supplies and services for the Government be placed with small business concerns. B. The Subgrantee/Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Subgrantee/Contractor finds to be consistent with the efficient performance of this agreement/contract. XIX. ORDER OF PRECEDENCE. In the event of an inconsistency between provisions of this agreement/contract, the inconsistency shall be resolved by giving precedence in the following order: A. Subgrant Agreement/Contract Document B. Work Statement C. Subgrant Agreement/Contract Terms XX. SUBGRANTEE/CONTRACTOR'S LIABILITY A. The Subgrantee/Contractor shall be liable for any loss of, or injury to, any material developed or serviced under this agreement/contract which is caused by the Subgrantee/Contractor's failure to exercise such care in regard to said material as a reasonably careful owner of similar materials would exercise. B. Subgrantee/Contractor shall provide commercial insurance or equivalent method acceptable to the HSO office for replacement or repair of damaged or lost equipment. Subgrantee/Contractor shall reimburse the HSO office for residual value of equipment sold or otherwise disposed of. XXI. SAVE HARMLESS It is expressly agreed and understood that the Subgrantee/Contractor is an independent Subgrantee/Contractor and not an agent, servant, or employee of the State, and the Subgrantee/Contractor shall save harmless the State and representatives thereof from all suits, actions, or claims of any kind brought on account of any person or property in consequence of any neglect in safeguarding the work, or on any act or omission by the Subgrantee/Contractor or its employees, or from any claims or amounts arising or recovered under Worker's Compensation Laws or any other law, by-law, ordinance, regulation, order, or decree. The Subgrantee/Contractor shall be responsible for all damage to property and personal injury of any kind resulting from any act, omission, neglect, or misconduct of any employee or agent of said Subgrantee/Contractor in the manner or method of performing the work for the period of the agreement/contract. Rev. 712612019 Page G 11 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS XXII. TAX AND COMPENSATION LIABILITY Nothing herein contained shall be construed as incurring for the State any liability for Worker's Compensation, F.I.C.A., Withholding Tax, Unemployment, or any other payment which would be required to be paid by the State if the State and the Subgrantee/Contractor were standing in an employer -employee relationship, and the Subgrantee/Contractor hereby agrees to assume and pay all such liabilities. XXIII. REIMBURSEMENT OF ELIGIBLE EXPENDITURES A. It is mutually agreed and promised that upon written application by the Subgrantee/Contractor and approval by the State, the State shall obligate funds for reimbursement of eligible expenditures as set forth in the application. B. It is mutually agreed and promised that the Subgrantee/Contractor shall reimburse the State for any ineligible or unauthorized expenditures for which Federal and/or State funds have been claimed and payment received as determined by a State or Federal audit. C. It is further agreed and promised that where reimbursement is made to the Subgrantee/Contractor in installments, the State shall have the right to withhold any installments to make up reimbursement received for any ineligible or unauthorized expenditures until such time as the ineligible claim is made up or corrected by theSubgrantee/Contractor. XXIV. APPLICATION OF HATCH ACT The subgrantee/contractor will comply with the provisions of the Hatch Act which limit the political activities of employees. XXV. STANDARDS FOR SUBGRANTFE/CONTRACTOR FINANCIAL MANAGEMENT SYSTEMS This item prescribes standards for financial management systems of subgrant agreement/contract supported activities of state and local governments. Subgrantee/Contractor financial management systems shall provide for: A. Accurate, current, and complete disclosure of the financial results of each subgrant agreement/contract activity in accordance with the HSO reporting requirements; B. Records which identify adequately the source and application of funds for subgrant agreement/contract activities, These records shall contain information pertaining to grant awards and authorizations, obligations, commitments, assets, liabilities, outlays, and income; C. Effective control over and accountability for all funds, property, and other assets. Subgrantee/Contractor shall adequately safeguard all such assets, and shall assure that they are used solely for authorized purposes; Rev. 712612019 Page G 12 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS D. Comparison of actual with budgeted amounts for each agreement/contract. Also, relation of financial information with performance or productivity data, including the production of unit cost information whenever appropriate and required by the HSO; E. Procedures to minimize the time elapsing between the transfer of funds from the State Treasury and the disbursement by the Subgrantee/Contractor whenever funds are advanced by the HSO; F. Procedures for determining the allowability and allocability of costs in accordance with the provisions of 2 CFR Part 200; G. Accounting records which are supported by source documentation; H. Audits to be made by the Subgrantee/Contractor or at his direction to determine, at a minimum, the fiscal integrity of financial transactions and reports, and the compliance with laws, regulations, and administrative requirements. The Subgrantee/Contractor will schedule such audits with reasonable frequency, usually annually, but not less frequently than once 1. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. XXVI. PROCUREMENT A. State of Arkansas Procurement Law and Rules, will govern purchasing. Rev. 712612019 Page G13 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS B. A summary of the various requirements is as follows: PRE -PURCHASE PURCHASES BIDDING REQUIREMENTS DOCUMENTS REQUIRED (a) l:omial Bid I. Develop Specifications for 1. Copy Invitation to Bid. All purchases where each item bid. 2. Copy of Bidders List. cost is over $75,000 2. Invitation to bid mailed 3. Certified copy of proof of when grouped into to all eligible publication. prospective bidders. 4. Copy of Tabulation Bids. 3. Insertion in newspaper with 5. ;Cawnv of Purche as general circulation not less Order or Contract than five (5) days nor more Resulting from bid. than thirty (30) days prior to 6. Letter of Justification when 4. Open and tabulate bids at other than low bid is to be time and date indicated. purchased, (b) Quotation Bid All purchases where 1. Obtain at least three (3) bids. 1. Copy of Tabulation Bids.. cost is 20 001 up $20 to when 2. Bids must be received at least 2. Copy of Purchase Order. grouped ed into one (1) day prior to date of 3. Letter of Justification when biddable classes purchase. other than low bid is to be 3. Bids must be recorded and purchased. signed by person receiving same. (c) Open Market All purchases where None - Agency Purchasing 1. Copy of Purchase Order. cost is $20,000 or less Official's best judgement. C. Splitting of item or items with the intent to use a less restrictive requirement is not permitted. D. Descriptions and specifications must be sufficiently restricted or specific so as to exclude cheap or inferior commodities which are not suitable or practicable for the purpose for which they are to be used, but at no time should they be so specific in detail as to restrict or eliminate competitive bidding of anv items of comparable ouality and comine within a easonably close price range. E. Arkansas preference does no apply. Note: Also see Procurement Standards at 2 CFR Part 200 Rev. 712612019 Page G14 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS XXV1I. PROCUREMENT PROCEDURES - BREATH TESTING EOUIPMENT A. These items are usually exempt fi•om bidding requirements because of one or several of the following: 1. Single source of supply items; 2. Scientific and technical equipment and parts thereof required by an employee by reason of his profession or training; and 3. Items requiring standardization and interchangeability of parts with existing equipment. B. The records required for reimbursement are as follows: 1. Copy of Purchase Order giving description of item purchased: 2. Statement, approved by the Project Director, explaining reason for purchasing on an exempt basis without any bids; 3. Standard payment documentation, as follows: a. Copy of vendor's invoice showing receiving approval by project personnel, b. Copy of document showing payment for goods, and, C. Paid receipt or endorsement on payment document; and, 4. Statement for each item purchased showing the following: a. Serial number, b. Model number, and, C. Property control number (if any). Rev. 712612019 Page G15 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS XXVIII. MINORITY BUSINESS ENTERPRISE The recipient of this subgrant agreement/contract agrees to adopt by reference the Minority Business Enterprise Program that has been approved by DOT for the HSO, or to show evidence of approval of the recipient's own Minority Business Enterprise Program by a cognizant agency of the Federal government. The recipient of this subgrant agreement/contract agrees to include the following statement in all subsequent contracts which are financed in whole or in part with Federal funds provided under the agreement with the recipient: A. I R=iLrAMBE Contract Clauses L Policy It is the policy of the Department of Transportation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23, apply to this agreement. 2. MBE Obligation The recipient or its subcontractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. XXIX. PAYROLL PROCEDURES A. Personal Services compensation is allowable if: For services rendered during the contract period, 2. Reasonable for services rendered, 3. Personnel appointed in accordance with state or local government rules, 4. Based on payrolls documented and approved in accordance with generally accepted business practices, and 5. Supported by time and attendance records signed by both employee and supervisor. Rev. 712612019 Page G16 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS B. Employee Benefits are allowable if: 1. Provided pursuant to a leave system, 2. Employer contribution or expense for: a. Social Security b. Employee Health Insurance C. Unemployment Insurance d. Worker's Compensation Insurance e. Pension Plans 3. The cost is gquitably allocated to all activities. C. The records required are as follows: 1. Time sheets showing employee names, daily hours, activities, and signatures of employee and supervisor; 2. Payroll record showing rate of pay, gross wages, itemized deductions, net pay, and signature of proper official; and, 3. Benefit Plan(s) records showing rates and amount paid by the employer. XXX. ``i'ITEL PROCEDURES Travel costs are allowable for the following actual expenses incurred by project employees while traveling on official project business: transportation, lodging, meals and other related expenses. An itemized travel report, with receipts for all items including meals; is required, and should be signed by the traveler and the supervisor. Out -of -State travel must have prior written approval of the HSO. Current daily limits for meals and lodging are set out in State Travel Regulations promulgated by the Arkansas Department of Finance and Administration. Regards State of Arkansas Employees: Travel costs are limited to the State of Arkansas Travel maximums according to current State Travel Regulations. (Airfare is always limited to less -than -first-class airfare when less -than -first-class air accommodations are available). Reimbursement is for actual expenses up to the maximum allowed per federal per diem rates established by the General Services Administration (GSA). Guidance is provided on the GSA website at www.gsa.gov/portal/content/10518 for deducting meal amounts from reimbursement claims for meals furnished by the government or other sources. Detailed receipts are required for all expenses including meals. Rev. 712612019 Page GI7 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS Regards Other Travelers: Travel costs are limited to the lesser of local regulations, actual costs, or State travel maximums. Lodging may exceed State travel maximums only in instances where the maximum allowable lodging rate for that area is not available to the traveler (the traveler must make every effort to obtain the allowable State rate) or when the hotel rate where the conference or meeting is held exceeds the maximum allowable lodging rate for that area. Reimbursement is for actual expenses up to the maximum allowed per federal per diem rates established by the GSA. Guidance is provided on the GSA website at www.gsa.gov/portal/content/I0518 for deducting meal amounts from reimbursement claims for meals furnished by the government or other sources. Detailed receipts are required for all expenses, including meals, Note: All travelers will follow the cost broken out per meal on the Federal GSA per diem website. On the first and last day of travel, 75% per meal is allowed. The I/E amount will be applied to dinner to help cover the allowed 15% tip. XXXI. CONFIDENTIALITY REQUIREMENTS We have researched the question on confidentiality and have identified the following salient items which are relevant to our agreements/contracts: A. NHTSA Order 210-1, Chapter I, Section B, Subsection (7) (a) states that the Contractor or any employee of the such Contract shall be considered to be employees of the NHTSA for purposes of the requirements of the Privacy Act of 1974 (P.L. 93-579, 5 U.S.C. B. Section 3, Subsection (b) (1) of the July 1, 1975, Privacy Act Guidelines states that disclosures "To those officers and employees of the agency which maintains the records who have a need for the records in the performance of their duties;" is a permissible disclosure (Section 552a of U.S.C.5, P.L. 93-579). C. Section 408, Subsection (b) (1) (b) of the regulations on Confidentiality of Alcohol and Drug Abuse Patient Records states that records may be released to qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient in any report of such research, audit, or evaluation, or otherwise disclose patient identities in any manner (P.L. 93-282, 2.1 U.S.C. 1175). XXXII. PROFESSIONAL SERVICES CONTRACT See 2 CFR 200 Rev. 7/16/10)9 Page G 18 of 19 ARKANSAS STATE POLICE HIGHWAY SAFETY OFFICE SUBGRANT AGREEMENT/CONTRACT TERMS XXXIII. INDIRECT COSTS Indirect costs are those: Incurred for a common or joint purpose benefiting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved. The term "indirect costs," as used herein, applies to costs of this type originating in the grantee department, as well as those incurred by other departments in supplying goods, services, and facilities. To facilitate equitable distribution of indirect expenses to the cost objectives served, it may be necessary to establish a number of pools of indirect costs within a governmental unit department or in other agencies providing services to a governmental unit department. Indirect cost pools should be distributed to benefitted cost objectives on basis that will produce an equitable result in consideration of relative benefits derived. See Section VII, Cost Provisions of these terms for applicable cost regulations. Rev. 712612019 Page G19 of 19 Appendix ii Certifications and Assurances for Fiscal Year 2020 Highway Safety Grants (23 U.S.0 Chapter 4 and Sec. 1906, Pub. L. 10"9, as Amended) [The Governor 's Representative for Highway Safety must sign these Certiftcarions and Assurances each fiscal year. Requirements that also apply to subrecipients are noted under the applicable caption, and must be included in agreements with subrecipients.] Recipient: Fayetteville Police Department By applying for Federal grants under 23 U.S.C. Chapter 4 or Section 1906, the State Highway Safety Office, through the Governor's Representative for Highway Safety, agrees to the following conditions and requirements. GENERAL CERTIFICATIONS AND ASSURANCES I have reviewed the information in support of the State's application for 23 U.S.C. Chapter 4 and Section 1906 grants, and based on my review, the information is accurate and complete to the best of my personal knowledge. In addition to the certifications and assurances contained in this document, I am aware and I acknowledge that each statement in the State's application bearing the designation "CERTIFICATION or ASSURANCE" constitutes a legal and binding Certification or Assurance that I am making in connection with this application. • As a condition of each grant awarded. the State will use the grant fiends in accordance with the specific statutory and regulatory requirements of that grant. and will comply with all applicable laws. regulations, and financial and programmatic requirements for Federal grants, including but not limited to- o 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended o Sec. 1906. Pub. L. 109-59. as amended by Sec. 40 11, Pub. L. I 14-94 a 23 CFR part 1300 - Uniform Procedures for State Highway Safety Grant Programs o 2 CFR part 200- Uniform Administrative Requirements. Cost Principles. and Audit Requirements for F edera I A wards o 2 CFR part 120 I - Department of Transportation. Uniform Administrative Requirements. Cost Principles. and Audit Requirements for Federal Awards • I understand and accept that incorrect, incomplete, or untimely information submitted in support of the State's application may result in the denial of a grant award. IfNHTSA seeks clarification of the State's application, I authorize the State Highway Safety Office to provide additional information in support of the State's application for a 23 USC Chapter 4 and Section 1906 grant. SECTION 402 CERTIFICATIONS AND ASSURANCES o The Governor is the responsible official for the administration of the State highway safety program, by appointing a Governor's Representative for Highway Safety who shall be responsible for a State highway safety agency that 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 U.S.C. 402(b)(I )(A)) o 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 U.S.C. 402(b)(1)(13)) o At least 40 percent of all Federal funds apportioned to this State under 23 U.S.C. 402 for this fiscal year will be expended by or for the benefit of political subdivisions of the State in carrying out local highway safety programs (23 U.S.C. 402(b)(IXC)) or 95 percent by and for the benefit of Indian tribes (23 U.S.C. 402(h)(2)), unless this requirement is waived in writing. (This provision is not applicable to the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.) o The 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 I, 1976, at all pedestrian crosswalks. (23 U.S.C. 402(b)(I )(D)) o The State will provide for an evidenced -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)(I )(E)) o 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, including: o Participation in the National high -visibility law enforcement mobilizations as identified annually in the NHTSA Communications Calendar, including not less than 3 mobilization campaigns in each fiscal year to - - Reduce alcohol -impaired or drug -impaired operation of motor vehicles; and - Increase use of seat belts by occupants of motor vehicles; o Sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits; o An annual Statewide seat belt use survey in accordance with 23 CFR part 1340 for the measurement of State seat belt use rates, except for the Secretary of Interior on behalf of Indian tribes; o Development of Statewide data systems to provide timely and effective data analysis to support allocation of highway safety resources; o Coordination of Highway Safety Plan, data collection, and information systems with the State strategic highway safety plan, as defined in 23 U.S.C. 148(a). (23 U.S.C. 402(b)(I ) (F)) The State will actively encourage all relevant law enforcement agencies in the State 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)) The State will not expend Section 402 funds to carry out a program to purchase, operate, or maintain an automated traffic enforcement system. (23 U.S.C. 402(c)(4)) Interimovern.mental Review ofFederal Programs 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 123 72 (Intergovernmental Review of Federal Programs). Fr, al Fuc ing Azountabilityand Transparocy Act; {ITA TA 3 The State will comply with FF AT A guidance, OMB Guidance on FF AT A Subward and Executive Compensation Reporting. August 27, 2010, Lt1ps.L/www.fsrs.poy/documents%OMB Guidance on FFATA Subaward and Executive Compensation Reporting 082720 10.00 by reporting to FSRS.gov for each sub -grant awarded: • 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: (i) the entity in the preceding fiscal year received - (I) 80 percent or more of its annual gross revenues in Federal awards; (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. Nondiscrimination (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. 324 el seq.), and Tittle IX of the Education Amendments of 1972, as amended (20 U S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex), Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 el seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; " The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 el seq.), (prohibits discrimination on the basis of age); The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title V1 of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); Titles II and III of the Americans with Disabilities Act ( 42 U S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The State highway safety agency - Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted; Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; • Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOTs or NHTSA's access torecords, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; • Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor/funding recipient agrees - a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/ funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or canceling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program. `Ne Drug -Free Workplace Act of 1988 (41 U.S.C. 8103) The State will provide a drug -free workplace by: a.) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b.) Establishing a drug -free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c.) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will - 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d.) Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e.) Taking one of the following actions, within 30 days of receiving notice under subparagraph (c )(2), with respect to any employee who is so convicted - 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or -local health, law enforcement, or other appropriate agency; f.) Making a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above. Political. Activity (Butch Act) (applies to subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Certitication_Re a� rding Federal LoWin (applies to subrecipients as well as States) 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 S10,000 and not more than $100,000 for each such failure. Restriction on State Lobbyine (applies to subrecipients as well as States) 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 Susncnsion (applies to subrecipients as well as States) Instructions fot Prhnary Ticr Participant Ceri flcation (States,) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 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 primary tier 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 tier 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 tier 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 or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. 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 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 entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "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 and,will require lower tier participants to comply with 2 CFR parts 180 and 1200. 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 is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (httpsJ/www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default. Certification Regard nP Debarment Srrsnel►sinn. and Other Responsibility Mailers Primary 77er Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions 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 records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier 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 Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 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 or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction,civil judgment debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. 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 it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "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 and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 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 is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.govD, 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 or debarment. Cw1/icadon Rerardlnr Debarment; Suspension. Ineliribility and voluntary Exclusion -Lower Tier Covered Transactions: 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 participating in covered transactions 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. Buy America Act (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items 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. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. Prohibition on Usine Grant Funds to Check for Helmet Usage (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. 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 and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.traffiesafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. Policy on Banning 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 adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company -owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety ' initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. I understand that the information provided in support of the State's application for Federal grant funds and these Certifications and Assurances constitute information upon which the Federal Government will rely in determining qualification for grant funds, and that knowing misstatements may be subject to civil or criminal penalties under 18 U.S.C. 1001. AUDIT REQUIREMENTS The recipient will arrange for an organization -wide financial and compliance audit, if required by 2 CFR Part 200.501 (Formerly OMB Circular A433), 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 2 CFR Part 200.501 is available at www.ecfr.gov. The recipient has been made aware of audit requirements. The recipient is required to inform the ASP-HSO if subject to these audit requirements. Appendix iii STEP Organization: Fayetteville Police Department STEP-2020-FayetteviIle Police Depar-00038 III. Budget Request Complete the budget categories request below detailing the projected number of officers, hours to be worked during these mobilizations, and average rate of pay and applicable fringe benefits. If any equipment is requested, list the type of equipment, cost, and justification for the equipment in the budget narrative. Budget # Officers Avg. # of OT Avg. Total Est. Fringe Total Fringe Amount Approved Funding Categories Est. to Hours per Rate of Pay OT Pay Benefit Requested Amount Source Work Officer Rate Personal Services (DWI/DUI) 45 18 $33.29 $26,964.90 $7,089.07 $34,053.97 $34,000.00 2020 405d Mid - M5X ($0.00) (Safety Belt) 52 14 $41.33 $30,088.24 $7,910.20 $37,998.44 $38,000.00 2020 402 - OP ($0.00) (Speed) 20 6 $41.33 $4,959.60 $1,303.88 $6,263.48 $7,000.00 2020 402 - SE ($0.00) (Texting/Cell) 20 6 $41.33 $4,959.60 $1,303.88 $6,263.48 $5,000.00 2020 402 - DD ($0.00) Other Direct Costs Cost'Per Seat Quantity Child Safety Seats $76.36 234 $17,868.24 $3,000.00 Equipment (Describe below) Cost Per Item Quantity Portable Pole Mounted Speed Displays $3,682.21 1 $3,682.21 $3,700.00 2020 402 - SE ($0.00) Solar Powered Charging Panels $700.75 7 $4,905.25 $0 TOTAL $111,035.07 $90,700.00 FAIN Number(s): 69A3752000004020AR0 69A375200000405dARM Note: This is a budget request only. The Subgrantee Invoice Form (SIF) issued by the AHSO represents the approved budget and 10/02/2019 Page 1 of 3 Organization: Fayetteville Police Department Appendix iii STEP Ill. Budget Request only those costs included on the S1F are eligible for reimbursement. Sub Grantee Budget Narrative: Personal Services: STEP-2020-Fayetteville Police Depar-00038 The Personal Services category request for FY2020 is slightly more than the amount last budgeted due to increased pay rates and benefits of our officers. Fayetteville is committed to maintaining the number of hours spent on Selective Traffic Enforcement Program (STEP) enforcement activity. Our Selective Traffic Enforcement Program has seen successful in targeting our high accident locations during the current grant cycle and plan to include additional locations in the coming year. Furthermore, we plan to increase our targeting of distracted driving enforcement issues including texting while driving. In addition to seatbelt laws, our officers enforce the contributing factors to accidents which include following too close, improper lane usage, failure to yield, improper right turn, and disobey traffic signals. Our goal is to educate the driving public to these identified poor driving characteristics and leading causes of accidents in these areas. Child Safety Seats: This program maintains an incredibly high demand for loaner child safety seats and far exceeds our current supply level . Our Community Policing Division schedules car seat installation and checks every Thursday afternoon. We have Child Passenger Safety Instructors that teach at least three Child Passenger Safety Technician Certification Classes each year, and 7 Child Safety Seat Technicians who are available to install or check child safety seats as needed. We have requested $17,868.24 due to the popularity and high demand within our community. These funds can be easily justified in the fact that we annually distribute all child safety seats received within just a few months. Equipment: We have identified equipment needs to support our traffic enforcement activity that is not budgeted for locally. We are requesting grant funds be awarded for the purchase of a portable pole mounted speed display and seven solar powered charging panels for pole mounted speed displays. The speed display provides immediate feedback to drivers on their traveling speed in hopes to reduce overall vehicular speed with our city . Additionally, the speed display is a data gathering tool for law enforcement to use for directed speed enforcement. If the data shows a minimal reduction in speed at a particular location, patrol officers can then provide on -going targeted speed enforcement around the target location. Current pricing for a portable pole mounted speed display is $3,315 plus tax. The solar powered charging panels will provide continuous power to pole mounted speed displays. The City of Fayetteville was able to purchase several pole mounted speed displays without solar powered charging panels using local funds. Regular battery checks on these speed displays has proven to be labor intensive and inefficient for pro -longed speed monitoring (i.e. within school zones). Current pricing for solar powered 10/02/2019 Page 2 of 3 Organization: Fayetteville Police Department charging panels for portable speed displays is $638.50 plus tax. (attach additional sheets if needed) Budget Narrative AHSO Use Only (attach additional sheets if needed) Appendix iii STEP 111. Budget Request (attach additional sheets if needed) (attach additional sheets if needed) STEP-2020-Fayetteville Police Depar-00038 10/02/2019 Page 3 of 3 Fayetteville Police Department STEP-2020-Fayetteville Police Depar-00038 IV. Local Match Budget Categories Amount Personal Services Personnel Maintenance & Operation Vehicles Equipment Other Direct Costs Total $14,000.00 $4,633.66 $18,63166 Approved Amount $14, 000.00 $5,000.00 $19, 000.00 10/02/2019 Page 1 of 1 Branson, Lisa From: Reynolds, Mike Sent: Wednesday, November 13, 2019 5:36 PM To: Gutierrez, Sonia Cc: Jordan, Lioneld; Marr, Don; Norton, Susan; Branson, Lisa Subject: FPD Car Seats Council Member Gutierrez, At yesterday's agenda session, you asked about the car seats FPD annually purchases and distributes to our citizens as a part of our STEP grant program. Here is what I discovered: • Embrace 35 Infant seat • SureRide Titan 65 Convertible seat • Maestro Sport Booster w/ harness • AMP Big Kid Booster seat Some of these seat models had recalls on them several years ago, but they have since been fixed and the ones they distribute to us have no current recalls. Recall list - https://www.carseat.org/Recalls/179NP.Pdf These are all EvenFlo brand seats, which we purchase directly from EvenFlo. We have been purchasing the same models each year, and do not intend to deviate from that on our next order. We are not making any purchases from a second hand seller, such as Amazon or E-Bay. Please let me know if you have further questions or concerns. Take care, Mike Mike Reynolds Chief of Police 100 West Rock Street Fayetteville, Arkansas 72701 mrevnolds anfavetteville-ar.00v T 479.587.3500 1 F 479.973.4844 FAYETTEVILLE POLICE DEPARTMENT Website I Facebook I YouTube CITY OM MAY■TT■MILL■ •IAIIRiNIAN it City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 POLICE (200) 2019 Requestor: T. Tannehill BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Establish a revenue and expense budget for tracking the FY2020 Selective Traffic Enforcdement Program grant award in project accounting. RESOLUTION/ORDINANCE COUNCIL DATE: 11/19/2019 LEGISTAR FILE ID#: 2019-0658 10/14/2019 9:04 AM Budget Director TYPE: JOURNAL #: GLDATE: CHKD/POSTED: Date D - (City Council) TOTAL 90,700 90,700 v.20190924 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.200.2920-4302.01 - 3,000 31607 1920.4302 RE State Grants - Operational 1010.200.2920-4309.01 - 87,700 31607 1920.4309 RE Federal Grants - Operational 1010.200.2920-5120.00 84,000 - 31607 1920.4309 EX Personnel Other - Contra 1010.200.2920-5210.00 3,000 - 31607 1920.4302 EX Minor Equipment 1010.200.2920-5210.00 3,700 - 31607 1920.4309 EX Minor Equipment H:\Budget Adjustments\2019_Budget\City Counci1\1 1-19-2019\2019-0658 BA 2020 STEP Grant 1 of 1