HomeMy WebLinkAbout149-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 149-22
File Number: 2022-0540
WASHINGTON COUNTY MEMORANDUM OF AGREEMENT:
A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH
WASHINGTON COUNTY TO ACCEPT FUNDING FROM THE GULF COAST HIGH
INTENSITY DRUG TRAFFICKING AREA IN THE AMOUNT OF $47,292.00 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 authorizes Mayor Jordan
to sign a Memorandum of Agreement with Washington County to receive funding from the Gulf Coast
High Intensity Drug Trafficking Area in the amount of $47,292.00 for investigator activity, purchase of
evidence and information, and vehicle allowances for the Police Department.
PASSED and APPROVED on 7/5/2022
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Kara Paxton, City Clerk Treasurer.5-1�. 4
Page 1 Printed on 716122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0540
Agenda Date: 7/5/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.4
WASHINGTON COUNTY MEMORANDUM OF AGREEMENT:
A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH WASHINGTON
COUNTY TO ACCEPT FUNDING FROM THE GULF COAST HIGH INTENSITY DRUG
TRAFFICKING AREA IN THE AMOUNT OF $47,292.00 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 authorizes Mayor Jordan to sign a
Memorandum of Agreement with Washington County to receive funding from the Gulf Coast High Intensity
Drug Trafficking Area in the amount of $47,292.00 for investigator activity, purchase of evidence and
information, and vehicle allowances for the Police Department.
City of Fayetteville, Arkansas Page 1 Printed on 71612022
Mike Reynolds
Submitted By
City of Fayetteville Staff Review Form
2022-0540
Legistar File ID
7/5/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
POLICE (200)
Submitted Date Division / Department
Action Recommendation:
6/14/2022
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 $47,292.
Budget Impact:
2930.200.2960-various
Drug Enforcement
Account Number Fund
38070-2202 HIDTA - WAMDT 2022
Project Number Project Title
Budgeted Item? Yes Current Budget $ 47,292.00
Funds Obligated $ -
Current Balance $ 47,292.00
Does item have a cost? No Item Cost $ -
Budget Adjustment Attached? No Budget Adjustment $
Remaining Budget $ 47,292.00
V20210627
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 5, 2022
TO: Mayor and City Council
FROM: Mike Reynolds, Chief of Police
DATE: June 14, 2022
CITY COUNCIL MEMO
SUBJECT: 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 $47,292.
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 2022 funding for the Fayetteville Police Department in the amount
of $47,292. This amount represents overtime funding for four {4) investigators at $7,266.75
each including benefits and PEPI in the amount $18,225. This funding has a two-year life span
and must be spent by December 31, 2023. HIDTA funds are authorized for drug enforcement
activity only, and HIDTA funds must supplement existing drug enforcement expenses. WAMDT
is currently preparing their 2023 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
MEMORANDUM OF AGREEMENT
BETWEEN
WASHINGTON COUNTY, ARKANSAS
AND
FAYET TEVILLE .POLICE DEPAHTMEINT
This Agreement between Washington County, Arkansas and .Fayetteville Police Department shall begin
on January 1, 2022 and shall not extend beyond December 31, 2023 unless the period is extended by
modification of this Agreement.
WHEREAS, Washington County, Arkansas has been designated the fiscal agent for the Gulf Coast I ligh
Intensity Drug Trafficking Area (IIIDTA) program, all requests for payments and budget reprogramming shall
pass through Washington County, Arkansas.
NOW, THEREFORE, Washington County, Arkansas, and Gulf Coast IIIDTA hereby agree to the
disbursement of HIDTA funds in the amount of $47,292 .00 (o the resource recipient, Fayetteville Police
Department, under the hollowing terms and conditions:
1. Fayetteville Police Department agrees to follow all applicable federal, state, and local guidelines
regarding, purchases and other expenditures under thc. IIIDTA program, including but not limited to, the
following: OMB Circular 87, OM Circular A-102, OMG Circular A-I33, 24 CFR fart 1403, the
Uniform Administrative Requirements, Cost Principles. and Audit Requirements for Federal Awards (2
CFR 200), and the hair .Labor Standards Act (FLSA).
2. Fayetteville Police Department agrees to abide by and be bound by the attached budget (A.ppendix A)
for purchases including future reprogramming requests as approved by Washington County, Arkansas
and Gulf Coast IIIDTA. All reprogramming requests shall be submitted via email to the Gulf Coast
IIIDTA Director of Operations.
DocuSign Envelope ID: D6497BFD-A391-46AF-A992-CC7C7FF36AC1
3. Requests for payment shall be submitted on a quarterly basis to the [i.nancial off cc through the IIIDTA
State Director of Operations at the following address by the 10" day of each month following the
quarterly end:
Brian Chdinbets
11IDTA State Director of Operations
3730 Appling Road
Bartlett, TN 39133
All invoices submitted shall comply with the terms ;toted in Appendix D. The last invoice from the Resource
Recipient (Fayetteville Police Department) shall be received by the HIDTA State Director orOperations no
later than the 151h day prior to the: grant expiration date, unless the grant is extended.
All reimbursement of Overtime Expenses will be submitted using the appropriate form (Appendix C) which
must contain the HIDTA Group Task tiorcc Supervisor's signature, certifying the overtime was 141MA related
and with the HIDTA case number contained therein.
4. Resource Recipient (Fayetteville Police Department) agrees to complete all applicable items in
Appendix D and return to Washington County, Arkansas along with the signed agreement.
S. Washington County agrees to transfer funds to the resource recipient after funds have been
electronically transmitted by Gulf Coast FIIDTA and reecipted 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 lacer disallowed after audit for financial rm iew.
7. For any and all disputes arising out of this Agreement the parties hereto agree that jurisdiction Kill lie
within Washington County, Arkansas.
IN WITNESS WHEREOF, the parties acknowledge the Agrectnent as evidenced by their signatures
hPlow.
f7ocuSignecl hy:
a fw4 tC 1nad Jul 13, 2022 1 12:29 P.
1_10norable Joseph Wood
Washington County Judge
HIDTA 2022
Disclosure of Nigh Risk Status
G22GC0004A
Fayetteville Police Department is not currently designated high risk by kuiother federal grant making
agency.
ACKNOWLEDGMENT
STATE OF ARKANSAS
)SS
COUNTY OF Vja
On this day before the un r"and
° P lic, duly qualified and acting in and for the county and state
aforesaid, personally appeared _� ' , satisfactorily proven to be the person whose name
appears in the foregoing instrument, state 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 U
My Commission Expires:
95-2 - U5 Z
day of 12022.
otary Public
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APPENDIX A
BUDGET
APPENDIX 8
Sub -award Issued To: Fayetteville Police Department
Federal Award Identification No, (FAIN): G22GC0004A
Federal Award .Date: 05/02/2022
Period of'Periormance: 01/01/2022-12/31/2023
Amount ofFcdcral Funds Obligated by this Award to Fayetteville Police Department: $47,292,00
'Total Amount of Federal Funds Obligated to Fayetteville Police Department including the current obligation
(G18+G19+G20+G2I G22): $52,526,80
Total Amount of Federal Award committed to Fayetteville Police Department by Washington County, Arkansas
as received from Gulf Coast HID`I'A: $756,954,66
Federal Award Project Description: This grant will support initiatives designed to implement the Strategy
proposed by the Executive Board of the Gulf Coast HIDTA and approved by the Office of National Drug
Control Policy (ONDC.P).
Federal Awarding Agency: I7.xecutive Office of the President Office o1'National Drug Control Policy
Grantee (Pass Through Entity): Washington County, Arkansas
Sheriff Tim fielder
County Judge Joseph Wood
1155 Clydesdale .Drive
Fayetteville, AR 72701
CFDA Name and Number: High Intensity Drug Trafficking Areas Program-95.001
No indirect costs (as defined in CFR 200.414 Indirect (F&A) costs) have been authorised with this grant award.
All requests :for reimbursement must be by the l 0" day of thsj month following the end of each quarter and shill
be directed to:
i
Brian Chambers
IIIDTA State Director of Operations Arkansas/Tennessee
3730 Appling Road
Bartlett, 'I N 38133
APPENDIX C
Caculation of HIDTA Reimbursable Overtime
TFO's NAME
HIDTA Overtime this period
TFO's Regular pay rate
TFO's Overtime rate @ 1.5
*fill In below only If agency Is claimimg fringe associated with HIDTA overtime
TFO's Fringe
FICA
Life
Health
Retirement
*please note these are the
only allowable fringe cost
the HIDTA program will
reimburse
0.00% Fringe
$ - Overtime X Fringe % ($50.10
Caculation of Overtime $ Rate X Hours
* Please note this total
must match what was
paid on checkstub or
payroll report submitted
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+$6.7 ] )
without fringe X
Total HIDTA Reauest $ - hours ($56.81*20 hrs) 7�1
APPENDIX D
A. General Terms 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 "Part 200 Uniform Requirements"), as adopted and implemented
by the Office of National Drug Control Policy (ONDCP) in 2 C.F,R. Part 3603. For this 2022 award,
the Part 200 Uniform .Requirements supersede, among; other things. the provisions of 28 C.F.R. Parts 66
and 70, as well as those of 2 C.F.R. Parts 215, 220, 225, and 230.
For more information on the Part 200 Uniform Requirements, see Litt s:ltcfo. ovlcofarl. For specific,
award -related questions, recipients should contact ONDCP promptly for clarification.
2. This award is subject to the following additional regulations and requirements:
a. 28 CFR Part 69-"New Restrictions on Lobbying"
b. 2 CFR Part 25- `Universal Identifier and System of Award .Management"
c. Conflict of Interest and Mandatory Disclosure Requirements, set out in paragraph 7 of these
terms and conditions
d. Non-profit Certifications (when applicable)
Audits conducted pursuant to 2 CFR fart 200, Subpart F, "Audit Requirements" must be submitted no
later than 9 months after the close of the grantee's audited fiscal year to the Federal Audit Clearinghouse
at httns:ffharvester.census.govffacwcb/.
4. The recipient gives ONDCP or the Government Accountability Office, through any authorized
representative, access to, and the right to examine, all paper or electronic records related to the grant.
5. Recipients ofI.111)TA funds are not agents ofONDCP. Accordingly, the grantee, its fiscal agent(s),
employees, Contractors, as well as state, local and Fcderal 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 term,-, and conditions as well as archives of previous versions of the general terms and
conditions are available online at wxvw.wliiiehouse. Lovlondc )/ Crams
7. Conflict of Interest and Mandatory Disclosures
a. Conflict of Interest 9—eq uirenients
As a non -Federal entity, you must follow ONDCP's conflict of interest policies for Federal
awards. Recipients must disclose .in writing any potential conflict of interest to an O.NDCP
Program Officer; recipients that are pass -through entities must .require disclosure from sub -
recipients or contractors. This disclosure must take place immediately whether you are an
applicant or have an active ONDCP award.
The ONDCP conflict of interest policies apply to sub -awards as well as contracts, and are as
follows:
i. As a non -Federal entity, you must maintain written standards of conduct covering conflicts of interest
and governing the performance of your employees engaged in the selection, award, and administration
of sub -awards and contracts.
ii. None of your employees may participate in the selection, award, or administration of a sub -award or
contract supported by a Federal award if'he or she has anapparent conflict of interest. Such a conflict of
interest would arise when the employee, officer, or agent, any meinber of his or her immediate family,
his or her partner, or an organization which employs our 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 becauseof 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 �iolations potentially affecting the Federal award.
Non -Federal entities that have received a Federal award that includes the terra and condition outlined in 200
CFR Part 200, Appendix XII "Award 'Perm and Conditioiu for Recipient Integrity and Performance
Matters," are required to report certain civil, criminal, or administrative proceedings to SAM. Failure to
make required disclosures can result in remedies such as: temporary withholding of payments pending
correction of the deficiency, disallowance of all or part of the costs associated with noncompliance,
suspension, and termination of award,, debarment, or other legally available remedies outlined in 2 CFR.
200.338 "Remedies for Noncompliance".
c. FFATAIDATA Act C9 lianee
Each applicant is required to
i. Be registered .in the System for Award Management (SAM) before submitting
its application
ii. Provide a valid DUNS urunzber in its application
iii. Continue to maintain an 361 five SAM registration with current information at
all times during which it his an active Federal award
iv. Provide a]I relevant grte� information required for ONDCP to collect for
reporting related to FFATA and .DATA Act requirements.
8. Washington County, Arkansas, as the Grantee, is required to monitor this subaward as outlined in 2 CFR.
200,331.
9. Recipients must comply with the Government -wide Suspension and .Debarment provision set forth at 2
CFR Part 180.
10, As specified in the II.IDTA Program Policy and ftcll;et Guidance, recipient must;
a. Establish and maintain effective internal controls over the Federal award that provides
reasonable assurance that Federal award finds are managed in compliance with Federal statutes,
regulations and award terms and conditions. These internal controls should be in compliance
with the "Standards for Internal Control in the, Federal Government," issued by the Comptroller
General of the United States and the "Internal) Control Integrated Framework," issued by the
Committee of Sponsoring Organizations of th:b Treadway Commission (COSO).
b. Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards.
c. Evaluate and monitor compliance with applicable statutes, regulations, and the terms and
conditions of the Federal awards.
d. Take prompt action when instances of noncompliance are identified, including noncompliance
identified in audit findings.
e. Take reasonable measures to safeguard protected personally identified information (PII) and
other information ONDCP orthe recipient designates consistent with applicable Federal, state,
and local laws regarding privacy and obligations of confidentiality.
B. Prop -ram Specific Terms and Conditions
The following special conditions are incorporated .into each award document.
1. This grant is awarded for above program. Variation from the description of activities approved by
ONDCP and/or from the budget attached to this letter must comply with the reprogramming
requirements as set forth in ON.DCP's IIID"I'A Program Policy and Budget Guidance.
2. This award is subject to the requirements in ONDCI;''s HIDTA Program Policy and Budget. Guidance.
3. No IIIDTA 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 systerns, shall apply to any such systems supported by this award.
S. Special accounting and control procedures roust govern the use and handling of IIIDTA Program funds
for confidential expenditures; i.e., the purchase of information, evidence, and services for undercover
operations. Those procedures are described in Section 6 of the IIII)TA Program Policy and Budget
Guidance. 1.
6, Property acquired with these I-IIDTA grant funds is to be used for activities or the Gulf Coast 141DTA,
this equipment must be made available to the lI1D'TA's Executive Board for use by other 14.ID'1'A
participants.
7. All law enforcement entities that receive funds from this grant must report all methamphetamine
laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the
El Paso Intelligence Center.
C. f edet-al Award Performance Goals
1. All entities that receive funds from this award are responsible for achieving performance goals
established in the IIIDTA Performance Management Process (.PMP) and approved by the IIIDTA's
Executive Board and UN.DCP.
2. All entities that receive funds from this award must report progress in achieving performance goals at
least quarterly using the PMP.
NCE OF GRANT CONDITIONS
Date:--. — ��
ille .Police
Recipicp