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HomeMy WebLinkAbout251-19 RESOLUTION0, FPYEIIF
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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;
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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.
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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
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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).
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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