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Home My WebLink About92-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 92-23 File Number: 2023-578 ACCEPT FUNDING FROM HIDTA AND BUDGET ADJUSTMENT: 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 $98,066.00 FOR THE POLICE DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Mcmorandum of Agrccmcnt with Washington County to rcccivc funding from the Gulf Coast IIigh Intensity Drug Trafficking Area in the amount of $98,066.00 for investigator activity, purchase of evidence and information, and vehicle allowances for the Police Department. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on April 18, 2023 Page 1 Attest: • 0.n'pc1 Kara Paxton, City CI rk Treasurer �r Ns N • Trr_ ;ram r� ��.y� �CLr. •:vim CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF APRIL 18, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-578 FROM: Mike Reynolds, Police Chief DATE: SUBJECT: Approval of MOU and Budget Adjustment for Federal Funding from Gulf Coast High Intensity Drug Trafficking Area RECOMMENDATION: Staff recommends approval of a memorandum of understanding with Washington County, Arkansas to accept funding from the Gulf Coast High Intensity Drug Trafficking Area (HIDTA) and approval of a budget adjustment in the amount of $98,066. 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. Since 2011, the Fayetteville Police Department has partnered with the 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 2023 funding for the Fayetteville Police Department in the amount of $98,066. This amount represents overtime funding for four (4) investigators at $9,747.75 each including benefits, PEPI in the amount $50,675, and vehicle allowance in the amount of $8,400. This funding has a two-year life span and must be spent by December 31, 2024. HIDTA funds are authorized for drug enforcement activity only, and HIDTA funds must supplement existing drug enforcement expenses. WAMDT is currently preparing their 2024 funding request to the Gulf Coast HIDTA; however, future allocations are contingent upon congressional approval. BUDGET/STAFF IMPACT: A budget adjustment will equally increase revenue and expense budgets in the amount of $98,066 for this non - matching federal funding to reimburse existing DTF investigators overtime, covert funds, and vehicle allowances. This budget adjustment has no impact on staffing levels. ATTACHMENTS: 2023-578 SRF - GCHIDTA 2023, 2023-578 BA - GCHIDTA 2023, MOU - Washington County Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-578 Approval of MOU and Budget Adjustment for Federal Funding from Gulf Coast High Intensity Drug Trafficking Area 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 $98,066.00 FOR THE POLICE DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby 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 $98,066.00 for investigator activity, purchase of evidence and information, and vehicle allowances for the Police Department. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Mike Reynolds Submitted By City of Fayetteville Staff Review Form 2023-578 Item ID 4/18/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/21/2023 POLICE (200) Submitted Date Division / Department Action 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) and approval of a budget adjustment in the amount of $98,066. 2930.200.2960-4309.01 Account Number 38070.2302 Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Drug Law Enforcement Grant Fund Police High Intensity Drug Trafficking Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 98,066.00 98,066.00 Previous Ordinance or Resolution # Approval Date: V20221130 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division POLICE (200) Adjustment Number /Org2 2023 Requestor: Willie Newman BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Increase in budgeted revenue equal to the increase in budgeted expense for this non -matching federal funding to reimburse existing DTF investigators overtime, covert funds, and vehicle allowances. RESOLUTION/ORDINANCE COUNCIL DATE: 4/18/2023 ITEM ID#: 2023-578 Noll y Black 312712023 6:44 q1n Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number 98,066 98,066 increase/ (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2023223 Account Name 2930.200.2960-4309.01 - 98,066 38070 2302 RE Federal Grants - Operational 2930.200.2960-5120.00 2930.200.2960-5379.07 38,991 - 50,675 - 38070 38070 2302 EX 2302 EX Personnel Other - Contra Confidential DTF - HIDTA PEPI 2930.200.2960-5802.00 8,400 - 38070 2302 EX Vehicles & Equipment - base 1 of 1 MEMORANDUM OF AGREEMENT BETWEEN WASHINGTON COUNTY, ARKANSAS AND FAYETTEVILLE POLICE, DEPARTMENT Phis Agreement between Washington County. Arkansas and Fayetteville Police Department shall bc`�in on January 1, 2023 and shall not extend beyond December 31, 2024 unless the period is extended by modification ofthis Agreement. WI II?RI;AS, Washington County, Arkansas has been designated the fiscal agent for the Guil'Coast I ligh Intensity Drug Trafficking Area (I IIDTA) program, all requests for payments and budget reprogramming shall pass through Washington County, Arkansas. NOW, TlIFIRI;FORI:, Washington County, Arkansas and Gull'Coast IIIDTA hereby agree to the disbursement of I IIDTA A funds in the amount ol' 98,066 .00 to the resource recipient. l aycttevillc Police Department, under the following terms and conditions: 1. I�ayettcville Policc Department agrees to follow all applicable federal, state. and local guidelines regard►ng pL►rehascs and Other cxpcnditLires Under the I IIDTA A program, ►ncluding but not llmlted to, the following: OMIT Circular 87, OM Circular A-102, OMG Circular A-133, 21 CI R Part 1403, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Fcderal Awards (2 CPR 200). and the Fair Labor Standards Act (ITSA). 2. l,avettcvillc Policc 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 IIIDTA. All reprogramming requests shall be sL►bmitted via email to the Gulf'Coast I IIDTA Director ol'Operations. DocuSign Envelope ID: 9019BA73-O28B-40FB-A453-78A4OBOE9IFE Requests, for pa) ment shall be submitted on a quarterly hasis to the financial office through the 1111) A State 1)ireLlor of Operutions at the !'plowing address by the 10'" day of each month follo%%ing the yuaticrl% end: Brian Chambers IIIDTA State DirectorofOperations 3730 Appling Road I)artlett, TN 38133 All imoiccs suhmittcd shall c(gmhly %%Ith the terms noted in Appcndi\ 1). f he last invoice Irom the Resource Recipient (I-a%ctte%ills PaGec Mpartmentl shall be received by the 11117I A State Director ol'Operstions no later than the I -O day prior to the grant expiration date. unless the grant is cxtettcled. All reimbursement of Overtime Expenses will he submitted using, the appropriate limn (Appendix C) which must contain the 1111)"I'A Grtwp't ask Force Supervisor's signature, certifying the overtime was I ilDTA related and %%ith the I IIU'I A case number contained therein. -I. Resource Recipient (Fayetteville Police Department) agrees to complete all applicable items in ,appendix 1) and return to Washington Count). Arkansas along with the signed agreement. >. Washington County agrees to transfer funds to the resource recipient alter funds have been clectronicallN transmitter! by Gulf Coast 1110TA and reccipled into Washington County's Treasury Funds. h. Resource Recipient (Fayetteville 1lolice Mpartmcnt) agrees to reimburse Washington Count) for any invoice paid by Washington County il'such is later disallowed after audit for financial review. 7. 1 or any and all disputes arising out ofthis Agreement the parties hereto agree that jurisdiction will lie within Washington Count). Arkansas. IN V1'CI''VI:SS WI Ill.R1'()I-', the parties acknowledge the Agruement as evidenced by their signatures boom CDocu"rmd by. /1 7 �.tn.Gk. �ti. rrKkwi'bb E15MF3"9YW1 . Judge Patrick I k-ak i ns Washington County Judge r I-ayeuev' e 11 ice Department Itesour • It ipient H I DTA 2023 Disclosure of High Risk Status G23GC0004A Faycttcvillc Police Department is not currently designated high risk by another Icdcral grant making agency. m m Z I a)Nctt •\ ill Police Dcpartnunt Ilcsoll C tecipient ACKNOWLEDGMENT STATE OF ARKANSAS )SS to COUNTY OF W I On this day bcli)re the undersigned, a Notary I'ublic. duly qualified and acting in and fin• the county and state aforesaid. personally appeared t; ar\e,`a Jotasatisfactorily proven to be the pcl-son whose name appears in the forcgoing Instrument. and stated that he/shc had executed the same 1O1- the consideration. uses all(I purposes thcrcin stated. In witness whereof. I. hcrcunto set my hand and seal on this � b day of A-�c; l .2023). SOIL _ Puhlic My Commission Expires: L APPENDIX A BUDGET APPENDIX B Sub -award Issued 'l'o: Fayetteville Police Department federal Award Identification No. (FAIN): G23GC0004A Federal Award Datc: 03/15/2023 Pcriod of Performance: 01/01/2023-12/31/2024 Amount of Federal funds Obligated by this Award to haycttevillc Police Department: $98,066.00 'Dotal Amount of Federal Funds Obligated to 1'aycttcvl1lc Police Department InClLlding the Current obllgat1011 (G 181 G 191 G20 { G21 + G22 + G23 ): $150,592.80 Total Amount of federal Award committed to Faycttevillc Police Department by Washington County. Arkansas as rccclvcd Frorl Gull Coast I IID'1 A: $855,0520.66 Federal Award Project Description: This grant will support initiatives designed to implement the Strategy proposed by the laccutivc Board of the Gull'Coast I IID TA and approved by the Of7ice of National Drug Control Policy (ONDCP). Federal Awarding Agency: I:Yccutive Office ofthe President Office of National Drug Control Policy Grantee (PassThrough hrough Entity): Washington County. Arkansas Sheriff.lay Cantrell County Judge Patrick Deakins 1155 Clydesdale Drive Fayetteville. AR 72701 CFDA Name and NUrnbcr: I llgh Intensity DrUg I raf flcking Areas Program-95.001 No indirect costs (as defined In CI'R 200.414 Indirect (l,&A) costs) have been Ulthorized with this grant award. All requests I'or reimbursement must be by the 10"' day of tllc month Iollowing the cnd of each quarter and shall be directed to: Brian Chambers I11D'TA State Director of Operations Arkansas/'Tennessee 3730 Appling Road Bartlett, TN 38133 APPENDIX C Caculation of HIDTA Reimbursable Overtime TFO's NAME IIIDTA Overtime this period hrs TFO's Regular pay rate i FO's Overtime rate @ 1.5 $ *fill in below only if agency is claimimg fringe associated with HIDTA overtime TFO's Fringe *please note these are the only allowable fringe cost the HIDTA program will FICA reimburse Life Health Retirement Workman's Comp 0.00% Fringe % percentage $ - Overtime X Fringe % ($50.10 X13.40%) * Please note this total must match what was paid on checkstub or payroll report submitted Caculation 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 Terms and Conditions This award is subject to The Uniform Administrative Requirements. Cost Prmc►pIcs, 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.I.R. Part 3603. For this 2023 award, the Part 200 Uniform Requirements supersede, among other things, the provisions ol'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 https://cfo.go\r/cofar/. For specific. award -related questions, recipients should contact ONDCP promptly for clarification. 2. Phis award is subject to the following additional regulations and requirements: a. 28 CFR Part 69-"New Restrictions on Lobbying- b. 2 CFR Part 25-"1Jniversal 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) 3. Audits conducted pursuant to 2 CFR fart 200. Subpart F. "Audit Requirements" must be submitted no later than 9 months alter the Close of the grantee's audited fiscal year to the federal Audit Clearinghouse at https://Iiarvester.census.gnv-/facweb/. 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 off IIDTA 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 k'sccutivc 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 arc available online at www.wilitehouse.gov/ondcp/grants . 7. Conflict of Interest and Mandatory Disclosures a. Conflict of Interest Requirements As a non -Federal entity, you must follow ONIXT's conflict of interest policies for Federal awards. Recipients must disclose in writing any potential conflict of interest to an ONUCP Program Officer; recipients that arc pass -through entities must require disclosure from sub - recipients or contractors. This disclosure must take place immediately whether you arc an applicant or have an active ONDCP award. The ONDC11 conflict ol'interest policies apply to sub -awards as well as contracts, and arc as follows: 1. As a non-hcdcral entity, you must maintain written standards of conduct covering conflicts ol' intcrest and �,Z�lovcrri1n�o the perlOrinancc OI your employees cngagcd nil the selection, award. and adinin1StratlOn Ol' Sub -awards and contracts. ii. None of your employees may participate in the selection, award, or administration ol'a sub -award or contract supported by a federal award if' he or she has an apparent conflict oC interest. Such a conflict of intcrest would arise when the employee. olllicer, or agent, any member ol'his or her immediate Camily, his or her partner, or an organization which employs or is about to employ any ofthe parties indicated herein. has a financial or other interest in or a tangible personal benefit CrOrn an organization considered for a suh-award or contract. The olliccrs, employees, and agents ol'the non-hcdcral cntity must neither Solicit nor accept gratuities, favors, Or anything Of monetary value born Sub-rcclplcntS or contractors Or parties to Sub -awards or contracts. in If wou have a parent, allliliatc, or subsidiary organization that is not a State, local govcrnnicnt, or Indian tribe. you must also maintain written standards ofconduct covering organizational conflict ol'interest. Organizational conflict ofinterest means that because ol'rclationshipS 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. h. Mandatory Disclosure RCquircn1c11t As a non-FCCleral cntity, you must disclose. in a timely manner, in writing to ONDCP all violations of I:cdcral criminal law involving liaud, bribery or gratuity violations potentially affecting the hcdcral award. Non-Yedcral entities that have received a hcdcral award that includes the term and condition outlined in 200 (T R Part 200. Appendix X11 -Award 'Germ and Condition for Recipient Integrity and Performance N/latters.- arc required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make rCLluircd disclosures can result in remedies such as: temporary withholding of payments pending correction of the deficiency. disallowance of all or part oCthe costs associated with noncompliance, SUS11CnSIOn. and M-11n111at1On OI award. debarment. or other legally avallahlc remedies Outlined In 2 Cl'R 200.338 "Remedies for Nonconlpliancc". c. FFA l A/D,1TA- Act Compliance Flach applicant is required to 1. lie 1'ci istcrcd in the System for Award Management (SAM) bc16rc Subllllttlll) Its application ii. Provide a valid DUNS number in its application in Continue to maintain an active SAM registration with current information at all times during which it has an active hcdcral award iv. Provide all relevant grantee information required for ONDCP to collect for reporting related to F1 ATA and DATA Act rcquircmcnts. 8. Washington County, Arkansas, as the Grantee. is required to monitor this subaward as outlined in 2 CF R 200.331. 9. Rcclpicnts must comply with the Governmcnt-wide Suspension and 1)cbarnlcnt provision set forth at 2 CFR Part 180. 10. As specified in the I IID A Program Police and Budget Guidance, recipient must: a. E.stablish and maintain effective internal controls over the Federal award that provides reasonable assurance that Federal award funds arc managed in compliance with Fcdcral statutes, regulations and award terms and conditions. These internal controls Should be in compliance with the "Standards for Internal Control in the federal Goverrillcllt.- issued by the Comptroller General of the United States and the "Internal Control Integrated Framework.'" issued by the Committee of Sponsoring Organizations of'the Trcadway Commission (COSO). b. Comply with federal Statutes, regulations. and the terms and conditions ofthe federal a%%ards. c. I?valuatc and monitor compliance with applicable Statutes, regulations, and the terms and conditions ol'the federal awards. d. fake prompt action when instances ol'noncompliancc are identified. including noncompliance identified in audit findings. c, lake rcasonablc measures to salcgUard protected personally identified Information (PH) and other infonliation ONI)CP of the rcclplent designates consistent with applicable federal. state, and local laws regarding privacy and obligations of'conlidentiality. B. Program Specific Terms and Conditions File following Special conditions arc incorporated into each award document. This giant is aw'ardcd for above program. Variation from the description of activities approved by ONUCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's IIIDTA Program Policy and Budget Guidance. 2. This award is subject to the requirements in ONDCP's I IlDTA Program Policy and Budget Guidance. 3. No I III) 1 A lLinds Shall be Used to SLlpplant State or local funds that would otherwise be made available for the Same purposes. 4. The requirements o1'28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any Such systems supported by this award. 5. Special accounting and control procedures must govern the use and handling off Ill)TA Program Bolds Ior confidential expenditures: i.e.. the purchase oI information, evidence, and services Im undercover operations. Those procedures are described in Section 6 ofthe I Ill)"l n Program Policy and Budget Guidance. (,. Property acquired %Wh these I ll1 l A grant lilnds is to be used I�or activities of the Glllf Coast I IID A. this equipment must he made available to the IIID"I A's FACCutivC Board tin- use by other 1III)1A part ICIpant', 7. All la-,v cnl'n•cement entities that receive funds from this grant must report all metliamplictaminc lahoratory sciiurc data to the National Clandestine Laboratory Database/National Sei%Urc System at the P] Paso Intelligence Center. C. Federal Award Performance Goals Ali entities that receive funds from this award are responsible Ior achieving perlcOrmance goals established in the 1111)'I'n PCCI(lrmancc Management Process (NMI') and approved by the I IIIYI'n's 1..sCCutivC Board and ONDCI'. ?. All entities that receive funds from this award must report progress in achieving performance goals at least quarterly using the PMP. ACCEPTA CE OF GRAt T CONDITIONS I a� cttcx ills I'oli r I] hslrtnunt Resource IlccI •n Date. 64 � � 0 11.1V