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HomeMy WebLinkAbout120-21 RESOLUTIONOF AA E rE r, (o n r qq KA NS pS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 120-21 File Number: 2021-0259 GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA): A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH WASHINGTON COUNTY REGARDING FUNDING FROM THE GULF COAST HICH INTENSITY DRUG TRAFFICKING AREA IN THE AMOUNT OF $66,108.00 FOR THE POLICE DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Memorandum of Agreement with Washington County regarding funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $66,108.00 for investigator activity, purchase of evidence and information, and vehicle allowances for the Police Department. PASSED and APPROVED on 4/20/2021 Attest: Kara Paxton, City Clerk Treasurer = C Page 1 Printed on 4121121 City of Fayetteville Arkansas 113WestMountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2021-0259 Agenda Date: 4/20/2021 Version: 1 Status: Fussed In Control: City Council Meeting File Type: Resolution Agenda Number: A.3 GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA): A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH WASHINGTON COUNTY REGARDING FUNDING FROM THE GULF COAST HIGH INTENSITY DRU3 TRAFFICKING AREA IN THE AMOUNT OF $66,108.00 FOR THE POLICE DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Memorandum of Agreement with Washington County regarding funding from the Gulf Coast High Intensity D-ug Trafficking Area in the amount of $66,108.00 for investigator activity, purchase of evidence and information, and vehicle allowances for the Police Department. City of Fayetteville, Arkansas Page 1 Printed on 412112021 City of Fayetteville Staff Review Form 2021-0259 Legistar File ID 4/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Mike Reynolds 4/2/2021 POLICE (200) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a memorandum of understanding with Washington County, Arkansas to accept fi.inding from the Gulf Coast High Intensity Drug Trafficking Area (HIDTA) in the amount of $66,108. 2930.200.2960-va rious Account Number 38070-2102 Project Number Budgeted Item? Yes Does item have a cost? NA Budget Adjustment Attached? No Budget Impact: Drug Enforcement Fund HIDTA - WAMDT 2021 Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 66,108.00 $ 66,108.00 f $ 66,108.00 Purchase Order Number: Previous Ordinance or Resolution d V20180321 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 20, 2021 TO: Mayor and City Council FROM: Mike Reynolds, Chief of Police DATE: April 2, 20201 CITY COUNCIL MEMO SUBJECT: Approval of Agreement for Funding from Gulf Coast High Intensity Drug Trafficking Area RECOMMENDATION: Staff recommends approval of a memorandum of understanding with Washington County, Arkansas to accept funding from the Gulf Coast High Intensity Drug Trafficking Area (HIDTA) in the amount of $66,108. BACKGROUND: The Gulf Coast HIDTA provides funding from the Office of National Drug Control Policy to multi -jurisdictional drug enforcement initiatives throughout Arkansas, Louisiana, Mississippi, Alabama, and Tennessee. The Fayetteville Police Department has partnered with Washington County Sheriff's Office, Springdale Police Department, Prairie Grove Police Department and the local Drug Enforcement Administration office to create the Western Arkansas Mobile Deployment Team (WAMDT) initiative with Washington County being the fiduciary agency. DISCUSSION: WAMDT's mission is to infiltrate and disrupt drug trafficking organizations (DTOs) at the street level. The Gulf Coast HIDTA funds overtime for investigator activity, covert buy money for the purchase of evidence/purchase of information (PEPI), and vehicle allowances. The Gulf Coast HIDTA has approved 2021 funding for the Fayetteville Police Department in the amount of $66,108. This amount represents overtime funding for four (4) investigators at $4,181.50 each including benefits and PEPI in the amount $49,382. This funding has a two-year life span and must be spent by December 31, 2022. WAMDT is currently preparing their 2022 funding request to the Gulf Coast HIDTA, however, future allocations are contingent upon congressional approval. BUDGET/STAFF IMPACT: This agreement has no impact on budget or staffing. Attachments: Memorandum of Understanding with Washington County Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Joseph K. Wood Sharon Lloyd C'U,I.w'rY JL)D(31: Grants Administrator WASHINGTON COUNTY, ARKANSAS HUMAN RESOURCES OFFICE TO: HIDTA.2021 Participants: In an attempt to streamline our MOA process for the 2021 H.IDTA grant, we. are emailing Our- MOA packets this year' to each Task Force. There are 2 places to sign and 1 page to notarize. Once the authorized Grant representative has completed signing and page 4 has been properly notarized, you can email the complete package back to us or feel free to mail to the address below. If you have any questions please feel free to call the Grants Department in Washington County at 479 444-1896 or 479 444-1895. Washington County Grants Department 280 N College Suite 517 Fayetteville, AR 72701 Teresa Soares Grants Admin Assistant 479-444-1896 tsoar•es!i>iny'toncountyar.gov Sharon Lloyd Grants Administrator 479-444-1895 slkn�d.cc3wasFtin�toncount��;�r �o�� 280 N. College Avenue, Suite. 510 • Fayetteville. Arkansas 72701 Telephone: (479) 973-8465 • Fax: (479) 444-1731 HR r�.co.washington.nr.us Washington Couniy is an Equal Fmployment Opportunity Minorities!F'emales!I)isabilitias.'Veterans MEMORANDUM OF AGREEMENT BETWEEN WASHiNGTON COUNTY, ARKANSAS AND FAYETTEVILLE POLICE DEPARTMENT This Agreement between Washington County, Arkansas and Fayetteville Police Department shall begin on January 1, 2021 and shall not extend beyond December 31, 2022 unless the period is extended by modification of this Agreement. W.l-IE:REAS, N�Iashington County, Arkansas has been designated the fiscal agent for the Gulf Coast High Intensity Drug Trafficking Area (HIDTA) program, all requests for payments and budget reprogramming shall pass through Washington County, Arkansas. NOW, THEREFORE, Washington County, Arkansas and Gulf Coast HIDTA hereby agree to the disbursement of HIDTA funds in the amount of $66,108.00 to the resource. recipient, Fayetteville Police Department, under the following terms and conditions: 1. Fayetteville .Police Department agrees to follow all Applicable federal, state, and local guidelines regarding purchases and other expenditures under the HIDTA program, including but not limited to, the following: OMB Circular 87. OM Circular A-102, OMG Circular A-133, 21 CFR Part. 1403, the Uniform Administrative R.equirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR.200), and the Fair Labor Standards Act (FLSA). 2. Fayetteville Police Department agrees to abide by and be bound by the attached budget (Appendix A) for purchases including future reprogramming requests as approved by Washington County, Arkansas and Gulf Coast H.1DTA. All reprogramming requests shall be submitted via email to the Gulf Coast 111DTA Director of Operations. DocuSign Envelope ID: 7814F3A5-1A4E-4454-B232-B4151F12CC7C 3. Requests for payment shall be submitted on a quarterly basis to the financial office through the HIDTA State Director of Operations at the following address by the 10i1' day of each montl- following the quarterly end: Brian Chambers HIDTA State Director of Operations 3730 Appling Road Bartlett, `I`N 38133 All invoices submitted shall comply with the terms noted in Appendix D. The last invoice from the Resource Recipient (Fayetteville Police Department) shall be received by the HIDTA State Director. of Operations no later than the 15t11 day prior to the grant expiration date, unless the grant is extended. All reimbursement of Overtime Expenses will be submitted using the appropriate form (Appendix C) which must contain the I-IrDTA Group Task Force Supervisor's signature, certifying the overtime was HIDTA related and with the HIDTA case number contained therein. 4. , Resource Recipient (Fayetteville Police Department) agrees to complete all appliaible items in Appendix D and return to Washington County, Arkansas along with the signed agreement. 5. Washington County agrees to transfer funds to the resource recipient after funds have been electronically transmitted by Gulf Coast HIDTA and receipted into Washington County's Treasury Funds. 6. Resource Recipient (Fayetteville Police Department) agrees to reimburse Washington County for any invoice paid by Washington County if such is later disallowed a9ter audit for financial review. 7. For any and all disputes arising out of this Agreement the parties hereto agree tha. jurisdiction will lie within Washington County, Arkansas. IN WITNESS WHEREOF, the pailies acknowledge the below oo usroma oy;. 0filIBlt,'rJoseph Wood Washington County Judge nt as evidenced by their signatures , a Department pient Man HIDTA 2021 Disclosure of High Risk Status G21GC0004A Fayetteville Police Department is nat currently designate sigh risk by anotlier :federal grant making agency. � Fayetteville Resource Ri ACKNOWLEDGMENT STATE OF A.R.KANSAS )SS COUNTY OF On this day before the undersign d aTota�Public, duly qualified and acting in and for the county and state aforesaid, personally appeared U�� satisfactorily proven to be the person whose name appears in the foregoing instrument, and sta ed that he/she had executed the same for the consideration, uses and purposes therein stated. In witness whereof, I hereunto set my hand and seal on this ZPA day of k .32021. Notary Public My Co.mmis)sion Expires: I DocuSign Envelope ID: A41AF651-CD89-4BBE-BE61-E8AD38432B58 Budget Detail 2021- Gulf Coast Initiative - Western Arkansas Mobile Deployment Team Interdiction Award Recipient - County of Washington (G21GC0004A) Resource Recipient - Fayetteville Police Department Indirect Cost: 0.0% Awarded Budget (as approved by ONDCP) $298,796.00 Overtime Quantity Investigative - Law Enforcement Officer 4 $16,726.00 Total Overtime $16,726.00 Other Quantity PE/PI/PS $49,382.00 Total Other $49,382.00 Total Budget $66,108.00 Page 12 of 15 2/16/2021 9:15:39 AM APPENDIX B Sub -award Issued To: Fayetteville Police Department Federal Award Identification No. (FAIN): G21GC0004A . Federal Award Date: 03/01/2021 Period of Perfo.r.mance: 01 /01 /2021-12/31 /2022 Amount ofFederal Funds Obligated by this Award to Fayetteville Police Department: $66,.108.00 Total Amount of Federal Funds Obligated to Fayetteville Police Department including tl-e current obligation f G ] 8+G 19-G20+.G2 O: $405,234.80 Total Amount of Federal Award committed to Fayetteville Police Department by Washington County, Arkansas as received from Gulf Coast HIDTA: $709,662.66 Federal Award Project Description: This grant will support initiatives designed to implement the Strategy proposed by the .Executive Board of the Gulf Coast I-IIDTA and approved by the Office of National Drug Control Policy (ONDCP). Federal Awarding Agency: Executive Office of the President Office of National Drug Control Policy Grantee (Pass Through Entity): Washington County, Arkansas Sheriff Tim Helder County Judge Joseph Wood H 55 Clydesdale Drive Fayetteville, AR 72701 CFDA Name and Number: High Intensity Drug Trafficking Areas Program-95.001 No indirect costs (as defined in CFR 200.414 Indirect (F&A) costs) have been authorized with this grant award. All requests for reimbursement must be by the I0"' day o-f the month following the end of each quarter and shall be directed to: Brian Chambers HIDTA State Director of Operations Arkansas/Tennessee 3730 Appling Road Bartlett. TN 381.33 APPENDIX C Caculation of HIDTA Reimbursable Overtime TFO's NAME HIDTA Overtime this period TFO's Regular pay rate TFO's Overtime rate @ 1.5 0 hrs 0 a "fill In below only If agency is claimimg fringe associated with HIDTA overtime TFO's Fringe FICA Life Health Retirement Workman's Corn perce 'please note these are the only allowable fringe cost the HIDTA program will reimburse Fringe % Overtime X Fringe % ($50.10 X13 ' Please note this total must match what was paid on checkstub or payroll report submitted lCaculation of Overtime $ - Rate X Hours with claim` 'Please note only utilize this is agency is claiming fringe' 1.5 rate or regular Overtime rate + rate +fringe rate Overtime rate w/ Fringe % $ fringe cost per hour ($50.10+$6.71) without fringe X Total HIDTA Request $ - hours ($56.81`20.hrs) APPENDIX D A. General Tcrms and Conditions 1. This award is subject to The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200 (the "Ilan 200 Uniform Requirements"), as adopted and implemented by the Office of National Drug Control Policy (ONDCP) in 2 C.F.R. Part 3603. For this 2021 award, the Part 200 Uniform Requirements supersede, among other things, the provisions o1'28 G.F.R. Parts 66 and 70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230. For more .intbrmation on (lie Part 200 Uniform Requirements, see hum.//cfo.ILov/cofar/. For specific, award -related questions, recipients should contact ONDC.I' promptly for clarification. 2. This award is subject to the following additional regulations and requirements: a. 28 CFR Part 69- `New Restrictions on Lobbying" b. 2 CFR Part 25-"Universal Identifier and System of Award Management" c. Co.nllict of Interest and Mandatory Disclosure Requirements, set out in paragraph 7 of these terms and conditions d. Non-profit Certifications (when applicable) Audits conducted pursuant to 2 CFR Part 200, Subpart F, "Audit Requirements" trust be submitted no later than 9 months after the close of the grantee's audited fiscal year to the Federal Audit Clearinghouse at httL�s:!/harvester.ccn�us.��ovJl��cweb/. 4. The recipient Lives ONDCP or the Government Accountability Office, through ar.y authorized representative, access to, and the right to examine, all paper or electronic records related to the Grant. Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the grantee, its fiscal agent(s), employees, contractors, as well as state, local and Federal participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing., the .Executive Office of the President or ONDCP. 6. These general terms and conditions as well as archives of previous versions of the general terms and conditions are available online at tirant5 . 7. Conflict of Interest and Mandatory Disclosures a. �Cinflict of Interest Requirements As a non -Federal entity, you must follow ONDCP's conflict of interest po.icies for Federal awards. Recipients must disclose in writing any potential conflict of interest to an ONDCP Program Officer; recipients that are pass -through entities must require disclosure from sub - recipients or contractors. This disclosure must take place immediately wh._ther you are an applicant or have an active ONDCP award. The ONDCP conflict of interest policies apply to sub -awards as well as contracts, and are as follows: As a non-1.'ederal entity, you must maintain written standards of conduct covering conflicts of interest and. governing the performance of your employees engaged in the selection; award, and administration of sub -awards and contracts. None of your employees may participate in the selection, award, or administration o.f a sub -award or contract supported by a Federal award if he or she has an apparent conflict of intcrest. Such a conflict of' interest would arise when the employee, officer; or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an organization considered .for a sub -award or contract. The officers, employees, and agents of the non -Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from sub -recipients or contractors or parties to sub -awards or contracts. iii. If you have a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian tribe, you must also maintain written standards of conduct covering organizational conflict of interest. Organizational conflict of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, you are unable or appear to be unable to be impartial in conducting a sub - award or procurement action involving a related organization. b. Mandatory Disclosure Requirement As a non -Federal entity, you must disclose, in a timely manner, in writing to ONDCP all violations of Federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Federal award. Non -Federal entities that have received a Federal award that includes the term and condition outlined in 200 CFR Parr 200, Appendix XiI "Award Term and Condition for Recipient Integrity and Performance Matters," are required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in remedies such as: temporary withholding of payments pending correction of the deficiency, disallowance of all or part of the costs associated with noncompliance, suspension, and termination of award, debarnient, or other legally available remedies outlined in 2 CFR 200.3338 "11(emedies for Noncompliance'. FFATAMATA Act C of ipl iance Each applicant is required to i. Be registered in the System I:a,• Award Management (SAM) before submitting its application it. Provide a valid DUNS number in its application iii. Continue to maintain. an active SAM registration with current inl:ormat.ion at all tirnes during which it has an active Federal award iv. Provide all relevant grantee information required for ONDCP to collect for reporting related to FFA`I-A and DATA Act requirements. 8. Washington County, Arkansas, as the Grantee, is required to monitor this subaward as outlined in 2 CFR, 200,3 31. 9. Recipients must comply with the Government -wide Suspension and Debarment provision set forth at 2 CFR Part 180. 10. As specified in the HIDTA Program Policy and Budget Guidance. recipient must: a. Establish and maintain effective internal controls over the Federal award that provides reasonable assurance that Federal award .funds are managed in compliance with Federal statutes, regulations and award terms and conditions. These intemal controls should be in compliance with the "Standards for internal Control in the Federal Government," issued by the Comptroller General of the United States and the "Internal Control Integrated framework," issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). b. Comply with .Federal statutes, regulations, and the terms and conditions of the Federal awards. c. Evaluate and monitor compliance with applicable statutes, regulations, and the terms and conditions of the Federal awards. Take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings. Take reasonable measures to safeguard protected personalty identified information (Pit) and other information O.NDCP or the recipient designates consistent with applicable Federal, state, and local laws regarding privacy and obligations of confidentiality. B. Program Specific Tertns and Conditions Tine following special conditions are incorporated into each award document. This grant .is awarded 1-br above program. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's FiIDTA. Program Policy and Budget Guidance. 2. This award is subject to the requirements in ONDCP's HIDTA Program Policy and Budget Guidance. 3. No iIID'I A funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systenns supported by this award. 5. Special accounting and control procedures must govern the use and liandling of IIID'.IA Program funds for confidential expenditures; i.e.. the purchase of information, evidence, and services for undercover operations. 'Chose procedures are described in Section 6 of the HIDTA Program Policy and Budget Guidance. 6. Property acquired with these I-II.DT'A grant .fu.nds is to be used for activities of the Gulf Coast HIDTA, this equipment must be made available to the HIDTA's Executive Board for use by other HrDTA participants. 7. All.lawenforcernent entities that receive .funds from this grant must report all methamphetaminc laboratory seizure data to the ?rational Clandestine .laboratory Database/National Seizure System at the El Paso Intelligence Center.. C. Federal Award Performance Goals l.. All entities that receive funds from this award are responsible for achieving performance goals established in the HIU"rA Performance Management Process (P1v1P) and approved by the IIID,rA's Executive Board and ONDCP. 2. All entities that receive funds from this award must report progress in achieving performance goals at least quarterly using the PMP. ACCF#,TANC.F,Of GRANT- CONDITIONS Date: I-'/- ZO - 21 Faytttevr e'Poli Resourc ReciA 400