l:W - Fayettevillewonderstatemedia.com/docs/fayettevillecitycouncil/... · Patrol Police Submitted...

G. Tabor

City of Fayetteville Staff Review Form

City Gouncil Agenda ltemsand

Gontracts, Leases or Agreements

9117t2013

Gity Gouncil Meeting DateAgenda ltems Only

Patrol PoliceSubmitted By Division Department

Action Required:recommends acceptance of the 2013 JAG Local Solicitation Grant Award for the purchase of law enforcement

ining, equipment and supplies, and approval of a budget adjustment in the amount of $69,977. This grant doesrequire matching funds.

69,977.00 JAG Local Solicitation - 2013

Cost of this request

'1010-2920-various

Category / Project Budget

Funds Used to Date

Remaining Balance

Budget Adjustment Attached l-l

Program Category / Project Name

Grant

Account Number

09022-2013

Program / Project Category Name

General

Project Number Fund Name

Budgeted ltem l-l

Previous Ordinance or Resolution #

Original Contract Date:

Original Contract Number:

-t=¡ q. l\,-,t^_ t _1-z.oßDate

2'3!3-Date

l:WDate

Finance and lnternal Services Director

ments:

Received in CitvCterk'soffìcgÍ-lJ- I -ì F03:3¡: RCV)

Received inMayor's Office

Revised January 15,2009

A. 6 2013 Edward Byrne Memorial JAG Local Assistance Award

of 18

lesI

THE CITY OF FAYETTEVILLE, ARKANSASDEPARTMENT CORRESPONDENCE

ARKANSA

STAFF REVIE\ry MEMO

To:

From:

Date:

Subject:

Mayor Lioneld Jordan

Greg Tabor, Chief of Police RAugust 30,2013

2013 Justice Assistance Grant Local Solicitation Award

PROPOSAL:

The U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance has awarded

the20l3 Justice Assistance Grant for local agencies. This award is based in part on population and violentcrime rates and is given to Fayetteville, Springdale and Washington County to share. This grant does notrequire local cash matching funds. This is the ninth year for this grant award to be a shared grant with these

other agencies.

The Fayetteville Police Department is the lead agency for this grant award in the amount of 569,977 .

Fayetteville will receive 528,445 to be spent on certification/training areas and minor equipment. Please see the

budget detail worksheet for detailed award funding. Also within this grant award, Springdale will receive

527,847 to purchase 5 mobile video recorders (MVR), and'Washington County will receive $13,685 to purchase

bulleþroof vest replacements.

RECOMMENDATION:

Staff recommends acceptance of the 2013 JAG Local Solicitation Grant Award for the purchase of lawenforcement training, equipment and supplies, and approval of a budget adjustment in the amount of 569,977 .

If you should have any comments or question regarding this grant award, please contact me at extension 500.

BUDGET IMPACT:

This grant does not require local matching funds.


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RESOLUTION NO.

A RESOLUTION AUTHORIZING ACCEPTANCE OF THE 2013 EDWARDBYRNE MEMORIAL JAG LOCAL ASSISTANCE AWARD IN THE TOTALAMOUNT OF $69,977.00, AND APPROVING A BUDGET ADJUSTMENT

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFF.4.YETTEVILLE, ARKANSAS :

Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes

acceptance of the 2013 Edward Byrne Memorial local solicitation award in the total amount ofs69,977.00.

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 as Exhibit "A".

PASSED and APPROVED this 17th day of September,2013.

APPROVED: ATTEST:

By: By:LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer


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Request Date

911712013

Division: Police

Department: Police

City of Fayetteville, ArkansasBudget Adjustment Form

Budget Year

2013

BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION

Establish revenue and expense budgets for the 2013 JAG Local Solicitation Award'

) q7,*Budget D¡r6et6í Date

v11.0425

Adjustment Number

General Ledger Date

Posted to General Ledger

Checked / Verified

TOTAL BUDGET ADJUSTMENT 69,977

Budget & Research Use OnlY

ABCDE

69.977

lncrease / (Decrease)

P

Department Director

fJ q- fL\n^_FinãnceD¡reclor

Account Name

lnitial - Date-

Project.SubNumberAccount Number Expense Revenue

Federal Grant-Operational 1010.0001 .4309.01 69,977 39022 . 2013

\.\\-\E=

Software 1010.2920.5209.00 1,395 39022 . 2013

Minor equipment 1010.2920.5210.00 7,477 39022'. 2013

Travel & training 1010.2920.5304.00 19,573 3go22'. 2013

Trans to Springdale 1010.2920.5737.00 27,847

13,685

39022 . 2013

Trans to Wash Co Sheriff 1010.2920.5738.00 39022 .2013

EXHIBIT

âA\þd\dß\user\Admin\jcohea\JAG 2013 Local SolicitationlAward\BA - 2013 JAG Award


of 18

Edward Byrne MemorialJAG - Locøl SolicitatÍon

Fv 2013

Budget Detail Worksheet

A. PersonnelName/Position

B. Fringe BenefitsName/Position

C. TravelPurpose

G. ConsultantsName of Consultant

I¡cation

o-e9!p1¡9s-sl-w94

Service Provided

$ 27,847.00

$ 27,847.00

19,573.00

27,847.00

22,557.00

Computation Cost

Total Fringe Benefits

Computation

-$

Cost

-$

Cost

Total Persorurel

Computation

Item

Citv of Fayetteville

CALEA National Conference TBD - 7 days (2) Staffto Tmining Air/Car-$1,670, Rgs-$635 per, Htl x2-$100/nt, Mls-$271 per $ 4'682.00

Criminal Interview & Interrogation Conwa¿ AR - 3 days (2) Staffto Tmining Rgs-$450 per, Htl-$ 100/nt, Mls-$ 163 per I '526.00

ICAC Conference Dallas, TX - 5 days (2) Stafflo Tmining Rgs-$465 per, Htl-$136/nt, Mls-$322 per, Prkg-$84 2'202.00

NNDDA Training Amrillo, TX - 5 days (2) Staffto Tmining Rgs-$550 per, Htl x2-S144lnt, Mls-$314.50 per 3,745.00

Practical Homicide Investigation GalvestorL TX - 3 days (4) Staffto Tmining Rgs-$550 per, Htl x2-$130/nt, Mls-$284 per 5'676.00

Talon Conference TBD - 4 days (2) Staffto Tmining Rgs-$25 per, Htl x2-$120/nit, Mls-$366 per 1,742.00

Total Travel 19,573.00 $

D. EquipmentItem

Citv of SpringdaleMobile Video Recorder (MVR)

E. Suppliesftem

Citv of Fayetteville

ADORE Softwaré Packages

Canon EOS T3i Camera Package

Portable Breath Testers/Calibration Equiprnent

Race Clock for Fitness Tests

Computer Server Racks

Washington Countv Sheriffs OfficeLevel II Body Armor

F. ConstructionPumose

Computation

5 MVRs @ $5,569.40 each

Total Springdale EquiPment

Total Equipment

[L Other

Computation Cost

2modules @$697.50each $ 1,395.00

1 Package @ 976.75 plus 9.25%otax 1,068.00

2 PBTs @$430.21;Equip @$704.81plus taxes 1,240.00

1 clock@ $961.56 plus9.25o/ofax 1,051.00

2 ServerRacks @52,059 each 4,118.00

Total Fayetteville Supplies $ 8,872.00

20 vests @$684.25 each $ 13,685.00

Total Washington County Supplies $ 13,685.00

Total Supplies

Total Construction

Total Consultants

Total Other Costs

Budget Total

Description Computation Cost

$______q9pzz4q


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Department of Just¡ce

Ofñce of Justice Programs

Bue¿u of Justice Assistance

Office of Justice Programs ltlæhington. D.C. 205iI

August 28, 2013

The Honorable Lioneld Jordan

City ofFayetteville100 A. West Rock StreetFayetteville, AR 72701 -6069

Dear Mayor Jordan:

On behalfofAttorney General Eric Holder, it is my pleasure to inform you that the Office ofJustice Programs has approved

your application for funding under the FY i3 Edwa¡d B)ryne Memorial Justice Assistance Grant (JAG) Program: Local in the

amount of$69,977 for City ofFayetteville.

Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and

financial iequirements, including the timely sutmission ofall financial and programmatic reports, resolution ofall interim

audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you

will be in violation ofthe terms of this agreement and the award will be subject to termination for cause or other administrative

action as appropriate.

Ifyou have questions regarding this award, please contact:

- Program Questions, Dawn Kelley, Program Manager at (202) 616-1704; and

- FinancialQuestions,theOfficeoftheChìefFinancialOfficer,CustomerServiceCenter(CSC)at(800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj'gov.

Congratulations, and we look forward to working with you.

Sincerely,

;" ,ltti^"tt..

Denise O'Donnell

Director

Enclosures


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Department of Justice

Office of Justice Programs

Office for Civil Rights

Washington. D.C. 20531

August 28,2013

The Honorable Lioneld Jordan

Cily ofFayetteville100 A. West Rock Street

Fayetteville, AR 727 0l -6069

Dear Mayor Jordan:

Congratulations on your recent award. In establishing financial assistance programs, Congess linked the receipt ofFederal funding to

comfliance with Feãeral civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Deparhnent of Justice

is responsible for enswing that ricipients offinancial aid fiom OJP, its component offices and bureaus, the Office on Violence Against

Women (OV'rV), and the õffice of õommunity Oriented Policing Services (COPS) comply with applicable Federal civil rights stahrtes and

regulations. Wé at OCR are available to help you and your organization meet the civil rights requirements that come with Justice

Department funding.

Ensuring Access to Federally Assisted Prograrns

As you know, Federal laws prohibit recipients offinancial assistance from discriminating on the basis ofrace, color, national origin,

relilion, sex, or disabiliry i; funded programs or activities, not only in respect to employment practices but also in the delivery ofservices or

ben;fits. Federal law alsô prohibits firnctid programs or activities from discriminating on the basis ofage in the delivery ofservices or

benefits.

Providing Services to Limited English Proficiency (LEP) Individuals

In accordahce with Depatment of Justice Guidance pefaining to Title VI of the Civil Rights Act of 196 4,42U.5.C. $ 2000d, recipients ofFederal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited

English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to

LEP individuals, please see the website at http://w.lep.gov.

Ensuring Equal Tr€atment for Faith-Bâsed Organizations

The Department ofJustice has published a regulation specifically pertaining to the funding offaith-based organizations. In general, the

regulati,on, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment ofall Justice

Dãpartment progrãm Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies

to treat these orþnizations tÎr" ,u*" "s

uny other appliõant or recipient. The regulation prohibits State Administering Agencies from making

award or grant à-dministr¿tion decisions on the basii of an organization's religious character or affiliation, religious name, or the religious

composition of its board of directors.

The regulation also prohibits faith-based organizations from using financial assistance from the Department ofJustice to fund ìnherently

religiois activities. While faith-based organìzations can engage in non-funded inherently religious activities, they must be held separately

froÃ the Department ofJustice funded piogram, and customers or beneficiaries cannot be compelled to participate in them. The Equal

Treatment degulation also makes clear that organìzations participating in programs funded by the Department of Justice arc not pemitted to

discriminate ii the provision ofservices on thé basis of a beneficiary's religion. For more information on the regulation, please see OCR's

website at http://www.ojp.usdoj. gov/ocrletfbo.htm.

State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims ofCrimeAct, as amended; aid tÍe Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions agaìnst discrimination on the

basis ofreligion in employment. Despite these nondiscrimination provisions, the Justice Department bas concluded that the Religious

Freedom Reìtoration Act @FRA) is ieasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based

organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion

wñen hiring stafi ãven ifthe statute that authorizes the funding program generally forbids considering ofreligion in employment decisions

by grantees.

euestions about the regulation or the application ofRFRA to the statutes that prohibit discrimination in employment may be directed to this

Office.


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Dnforcing Civil Rights Laws

All recipients ofFederal financial assistance, regardless ofthe particular funding source, the amount ofthe gr¿nt award, or the number ofemployães in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that

are thé subject ofdiscrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a

number ofiecipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services

equitably to alisegments oftheir service population and that their employment practices meet equal emploFBent oppo¡tunity standards'

Complying rvith the Safe Streets Act or Program Requirements

In addition to these gener¿l prohibitions, an organization which is a recipient offinancial assistance subject to the nondiscrimination

provisions ofthe Omnibus Crjme ConÍol and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. $ 3789d(c), or other Federal grant

þogram requirements, must meet two additional requirements:(l) complying with Federal regulations pertaining to the development ofanÈquãl fmptoyment Opportunity Plan (EEOP), 28 C.F.R. $ 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28

C.F.R. $ $ 42.20s (s) or 3 1.202(s)).

1) Meeting the EEOP Requirement

In accordance with Federal reg¡lations, Assurance No. 6 in the Standa¡d Assurances, COPS Assurance No. 8.B, or cefain Federal grant

program requirements, your organization must comply with the following EEOP reporting requirements:

Ifyour organization has received an award fo¡ $500,000 or more and has 50 or more employees (counting both full- and part{ime

employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the

date of this letter. Fo¡ assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.govlocr/eeop.htm- You

may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208

Ifyour organization received an award between 525,000 and $500,000 and has 50 or more employees, your organization still has to prepare

anEEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and

make it available fo¡ review on request. In addition, your organization has to complete Section B ofthe Certification Form and retum it to

OCR. The Cefification Form can be found at htç://www.ojp.usdoj.gov/ocr/eeop.htm.

Ifyour organization received an award for less than $25,000; or ifyour organization has less than 50 employees, regardless ofthe amount ofthe award; or ifyour organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your

organization is exempt from the EEOP requirement. However, your organization must complete Section A ofthe Certification Form and

retum it to OCR. The Certification Form can be found at http://www.ojp.usdoj.govlocr/eeop.htrn.

2) Submitting Findings of Discrimination

In the event a Federal o¡ State court or Federal or State administrative agency makes an adverse finding ofdìscrimination against your

organization after a due process hearing, on the ground ofrace, color, religion, national origin, or sex, your organization must submit a copy

of the finding to OCR for review.

Ensuring the Compliance of Subrecipients

Ifyour organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all oftheapplicable Federal civil rights laws, including the requirements pefaining to developing and submitting an EEOP, reporting Findings ofDiicrimination, and providing language sewices to LEP persons. State agencies that make subawatds must have in place standard grant

assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance ofsubrecipients.

Ifwe can assist you in any way in fuIfiìling your civil rights responsibilities as a recipient ofFederal funding, please call OCR at (202) 307-

0690 or visit our website at http://www.ojp.usdoj.govlocr/.

Sincerely,

W4 â az¿,,--Michael L. Alston

Director

Grant ManagerFinancial Analyst


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PAGE I OF 7

Depaúment of Justice

Offi ce of Justice Programs

Bureau of Justice Assistance

4. AWARDNUMBER: 2013-DJ-BX-1156l. RECIPIENT NAME AND ADDRESS (Including Zip Code)

City ofFayetteville100 A. W6tR@k SFeetFayettwille, AR 72701-6069

5.PROJECTPERIOD:FROM l0lÙll20l2 TO 09/3012016

BUDGET PERIOD: FROM 1010112012 TO 09/30/2016

6. AWARD DATE 0828/2013 | 7. ACTTON

1A. GRANTEE IRS/VENDOR NO.

'n6018462

9. PREVIOUS AWARD AMOTJNT

IO. AMOUNT OF THIS AWARD $ 69,9'1'13. PROJÉCT TITLE

Fayetiwille City, Springdale City, æd vy'ashington County JAG Prcject

I t. TOTAL AWARD $ 69,9'l'l

12. SPECIAL CONDITIONS

THE ABOVE GR¡.NT PROJECT IS APPROVED SI.JBJECT TO SUCH CONDITÍONS OR LIMITATIONS AS ARE SET FORTHON THE

ATTACHED PACE(S).

I 3. STATUTORY AUTHORITY FOR CRÀNT

This prcject is ilpporte.d under FY13(BJA - JAG) 42 USC 3750, et seq.

I 8. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL

Lioneld JorddMayor

16. T\?ED NAME AND TITLE OF APPROVING OFFICIAL

Denise O'Domell

Dirætor

I7. SIGNATURE OF APPROVING OFFICIAL

,i¿:. ! +î *'-*:'

I 9. SIGNATURE OF AUTHORIZ ED RECIPENT OFFICIAL

AGENCY USE ONLY

20, ACCOUNTING CLASSIFICATION CODES

FISCALYFUNDC BUD.A OFC. DIV.RE SUB. POMS AMOUNTEAR ODE CT. G.

oJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.

oJP FORM 4000i2 (REV. 4-88)


of 18

Department ofJustìce


Bureau of Justice Àssistance

AWARDCONTINUATIONSHF'ET

Grant

AI#ARDDATE O8/28N013

PAGE 2 OF ?

PROJECT NTIMBER 2013-DJ-BX-I I5ó

2.

3.

l.

7.

6.

SPECIAL CONDITIONS

The recipient agrees to comply with the financial and administrative requirements set forth in the cunent edition oftheOffice ofJustice Programs (OJP) Financial Guide.

The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity PIan (ifrecipient is

required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a

viólation ofits Certified Assurances ard may result in suspension or termination offirnding, until such time as the

recipient is in conpliance.

The recipient agrees to comply with the organizational audit requirements ofOMB Circular A-133, Audits ofStates,

Local Góvernments, and Non-Profit Organizations, and fi¡rther understands and agrees that frrnds may be withheld, orother related requirements may be imposed, ifoutstanding audit issues (ifany) from OMB Circular A-133 audits (and

any other audits ofOJP grant firnds) are not satisfactorily and promptly addressed, as further described in the cunent

edition ofthe OJP Financial Guide.

Recipient understands and agrees that it can¡ot use any federal funds, either di¡ectly or indirectly, in support oftheenactment,repeal,modificationoradoptionofanylaw,regulationorpolicy, atanylevelofgovemment,withouttheexpress prior written approval of OJP.

The recipient must promptly refer to the DOJ OIG any credible evidence that a púncipal, employee, agent, contractor,

subgrantee, subcontractor, or other person has either i) submitted a false claim for grant funds unde¡ the False Claims

Act; or 2) committed a criminal or civil violation of laws pertaining to fi-aud, conflict of interest, bribery, gratuity, orsimilar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,

abuse, or misconduct should be repofed to the OIG by -

mail:

Offìce of the Inspector GeneralU.S. Department of JusticeInvestigations Division950 Pennsylvania Avenue, N.W.Room 4706Vr'ashington, DC 20530

e-mail: [email protected]

hotline: (contact infomation in English and Spanish): (800) 869-4499

orhotline fax: (202) 616-9881

Additional information is available ffom the DOJ OIG website at www usdoj.gov/oig.

Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support ofanycontract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its

subsidiaries, without the express prior written approval ofOJP.

The recipient agrees to comply with any additional requirements that may be imposed during the grant performance

period if the agency detemines that the ¡ecipient is a high-risk grantee. Cf. 28 C.F.R parts ó6, 70.

oJP FORM 4ooo/2 (REV. 4-88)


of 18

Department ofJustice



AWARDCONTINUATIONSHEET PAGE 3 OF 7

Grant

PROJECTNUMBER 2OI3.DJ-BX-II56 AWARD DATE 08/28n0t3

8.

SPECIAL CONDITIONS

The recipient agrees to comply with applicable requirements regarding registration with the System for AwardManagement (SAM) (or with a successor govemment-wide system offtcially designated by OMB and OJP). The

recipient also agrees to comply with applicable restrictions on subawards to frst-tier subrecipients that do not acquire

and provide a Daø Universal Numbering System (DUNS) number. The details ofrecipient obligations are posted on

the öffice of Justice Programs web site at htÞ://www.ojp.gov/funding/sam.htm (Award condition: Regishation with the

System for Award Management and Universal Identifier Requirements), and are incorporated by reference here. This

special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated

to any business or non-profit organization that he o¡ she may own or operate in his or her name)'

Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.

51225 (October 1,2009), the Depatment encourages recipients and sub recipients to adopt and enforce policies

banning employees from text messaging while driving any vehicle during the course ofperforming work funded by this

grant, ând to establish workplace safety policies and conduct education, awareness, and other outreach to decrease

crashes caused by dishacted drivers.

The recipient agtees to comply with all applicable laws, regulations, policies, and guidance (including specific cost

limits, prior approval and reporting requirements, where applicable) governing the use offederal funds for expenses

¡elated to conferences, meetings, trainings, and other events, including the provision offood and/or beverages at such

events,andcostsofattendanceatsuchevents. Informationonpertinentlaws,regulations,policies,andguidanceisavailable at www.ojp.gov/firnding/confcost.htm.

The recipient understands and agrees that any haining or training materials developed or delivered with funding

pròvided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available

at htþ://www.ojp.usdoj. gov/fu nding/ojptrainingguidingprinciples'htm.

The recipient agrees that ifit currently has an open award offederal fi¡nds or ifit receives an award offederal funds

other than this OJP award, and those award firnds have been, are being, or are to be used, in whole or in part, for one ormore ofthe identical cost items for which funds are being provided under this OJP award, the recipient will promptly

notiff, in writing, the gmnt manager for this OJP awa¡d, and, ifso requested by OJP, seek a budget-modification orchange-oÊproject-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication offunding.

The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the

religious or moral beliefs ofsrudents who participate in progfams for which financial assistance is provided fiom those

funds, or ofthe parents or legal guardians of such students.

The recipient understands and agrees that - (a) No award firnds may be used to maintain or establish a computer

network unless such network blocks the viewing, downloading, and exchanging ofpomography, and (b) Nothing insubsection (a) limits the use offunds necessary for any Federal, State, tribal, orlocal law enforcement agency or any

other entity carrying out criminal investigations, prosecution, or adjudication activities. '

The recipient agfees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate withBJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic

desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to

complete monitoring tasks, including documentation related to any subawards made under this award. Further, the

recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.

Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's

DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant

funds; referral to the Office ofthe Inspector General for audit review; designation ofthe recipient as a DOJ High Risk

grantee; or termination ofan award(s).

9.

10.

12.

13.

14

15.

oJP FORM 4000/2 (REV.4-88)


of 18



Bureau of Justice Àssistance

Grant

AWARDCONTINUATIONSHEET PAGE 4 OF 7

PROJECTNIJMBÉR 2OI3-DJ-BX-I156 AWARD DÀTE 08/28n013

SPECIAL CONDITIONS

The recipient agrees to comply with applicable requirements to repof first-tier subawards of$25,000 or more and, incertain circumstances, to report the names and total compensation ofthe five most highly compensated executives ofthe recipient and fint-tier subrecipients ofaward funds. Such data will be submitted to the FFATA Subaward

Reporting System (FSRS). The detai'ls ofrecipient obligations, which derive from the Federal Funding Accountabilityand Transparency Act of2006 (FFATA), are posted on the Office ofJustice Programs web site at

http://w.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are

incorporated by reference here. This condition, and its reporting requirement, does úot apply to grant awards made toan individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization thathe or she may own or operate in his or her name).

The recipient a$ees that all income generated as a di¡ect result ofthis awa¡d shall be deemed program income. Allprogram income eamed must be accounted for and used for the purposes offunds provided under this award, includingsuch use being consistent with the conditions ofthe award, the effective edition ofthe OJP Financial Guide and, as

applicablgeither(1)28C.F.R.Part 66or(2)28C.F.RPart70and2C.F.R.Part215(OMBCircularA-ll0). Further,the use ofprogran income must be reported on the quarterly Federal Financial Report, SF 425.

To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement infomationsharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extentpossible, existing networks as the communication backbone to achieve interstate comectivity, unless the grantee can

demonstrate to the satisfaction ofBJA that this requirement vr'ould not be cost effective or would impair the

functionality ofan existing or proposed IT system.

In order to promote information sharing and enable interoperability among disparate systems across thejustice andpublic safety community, OJP requires the gantee to comply with DOJ's Global Justice lnformation Sharing Initiative(DOJ's Global) guidelines and recommendations for this particular gmnt. Grantee shall conform to the GlobalStandards Package (GSP) and all constituent elements, where applicable, as described at:

htþ://www.it.ojp.govlgsp_grantcondition. Grantee shall document planned approaches to information sharing and

describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailedjustification for why an alternative approach is recommended.

16.

17.

18.

19

oJP FORM 4000/2 (REV. 4-88)


of 18




AWARI)CONTINUATIONSIIEET

Grant

PAGE 5 OF

PROJECTNUMBER ?OI3.DJ.BX-I156 AWARDDATE O8I28NOI3

SPECIAL CONDITIONS

The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the NationalHistJric PresJrvation Act, and other relaìed feìeral environmental impact analyses requirements in the use ofthesegrant funds, either directly by the grantee or by a subgrantee. Accordingly, the gnntee ag¡ees to first determine if any

ofthefollowingactivitieswillbefundedbythegrant,priortoobligatingfundsforanyofthesepurposes. Ifitisdetermined that any ofthe following activities will be funded by the g¡ant, the g¡antee agrees to contact BJA.

The grantee understands that this special condition applies to its following new activities whether or not they are being

specifically funded with these g¡ant funds. That is, as long as the activity is being conducted by the grantee, a

subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special

condition must first be met. The activities covered by this special condition are:

a, New construction;b. Minor renovation or remodeling of a property located in an environmentall¡r or historically sensitive area, includingproperties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on oreligible for listing on the National Register ofHistoric Places;

c. A renovation, leasej or any proposed use of a building or facility that will either (a) result in a change in its basic

prior use or (b) significantly change its size;d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an

incidental component ofa funded activity and (b) traditionally used, for example, in office, household, recreational, oreducation environments; ande. Implernentation ofa program relating to clandestine methamphetamine laboratory operations, including the

identification, seizure, or closure ofclandestine methamphetamine laboratories.

The grantee understands and agrees that complying with NEPA may require the preparation ofan EnvironmentalAssessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and

agrees to the requirements for implementation of a Mitigation Plan, as detailed at

htp://www.ojp.usdoj.gov/BJA/resource/nepa.htrnl, for programs relating to methamphetamine laboratory operations.

Application ofThis Special Condition to Grantee's Existing Programs or Activities: For any ofthe grantee's or its

subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request

fiom BJA, agrees to cooperate with BJA in any preparation by BJA ofa national or program environmental assessment

of that funded program or activity.

The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearingaccount.) The fund, including any interest, may not be used to pay debts or expenses incuned by other activities beyondthe scope ofthe Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligateand expend the grant funds in the trust fund (including any interest eamed) during the period ofthe grant. Grant funds(including any interest eamed) not expended by the end ofthe grant period must be retumed to the Bureau ofJusticeAssistance no later than 90 days after the end ofthe grant period, along with the final submission ofthe Federal

Financial Report (SF-425).

JAG fr:nds may be used to purchase bulleçroofvests for an agency, but may not be used as the 50% match forpurposes of the Bulletproof Vest Partnership (BVP) program.

The recipient agrees to submit a signed certifìcation that that all law enforcement agencies receiving vests purchased

with JAG funds have a written "mandatory wear" policy ìn effect. Fiscal agents and state agencies must keep signed

certifications on file for any subrecipients planning to utilize JAG funds for ballistic-resistant and stab-resistant body

armor purchases. This policy must be in place for at least all unifomed officers before any FY 2013 funding can be

used by the agency for vests. There are no requirements regarding the nature ofthe policy other than it being a

mandatory wear policy for all unifomed offìcem while on duty.

20.

21.

22.

23.

oJP FORM 4000i2 (REV.4-88)


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ÀWARDCONTINUATIONSIIEET PAGE 6 OF ?

Grant

PROJECTNUMBER 2OI3-DJ.BX-I156 AWARDDATE O8N8NOI3

24.

SPECIAL CONDITIONS

Ba'llistic-resistant and stab-resistant body armor purchased with JAG funds rnay be purchased at any threat level, make

or model, from any distributor or manufacturer, as long as the vests have been tested and for¡nd to comply withapplicable National Institute ofJustice ballistic or stab standards and a¡e listed on the NIJ Compliant Body ArmorIriòdel List (http://nij.gov). In addition, ballistic-resistant and stab-resistant body armor purchased must be American-

made. The latest NIJ standard information can be found here: htþ://www.nij.gov/topics/technology/body-armor/safety-initiative.htm.

The recipient agrees that any information technology system funded or supported by OJP firnds wil'l comply with 28

C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, ifOJP determines this regulation to be applicable.

Should OJP determine 28 C.F.R. Part 23 to be applicab'le, OJP may, at its discretion, perform audits of the system, as

pertheregutation. Shouldanyviolationof23C.F.RPart23occur,therecipientmaybefinedasper42U.S.C.3789g(c)-(d). Recipient may not satisff such a fine with feder¿l funds.

The recipient agrees to ensure that the State Information Technology Point ofContact receives written notificationregarding any information technology project funded by this grant during the obligation and expenditure period. This is

to facilitate communication among local and state governmental entities regarding various information technologyprojects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative filedocumenting the meeting ofthis requirement. For a list of State Information Technology Points ofContact, go to

http://wM¡/.it.ojp.gov/default.aspx?arealolicyAndPractice&page=1046.

The grantee agrees to comply with the applicable requirements of28 C.F.R. Part 38, the Department ofJustice.egulation goveming "Equal Treatment for Faith Based Organizations" (the "Equal Trearnent Regulation"). The Equal

Treatment Regulation provides in part that Deparhnent ofJustice grant awa¡ds ofdirect funding may not be used to

fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients ofdirectgrants may still engage in inherently religious activities, but such activities must be separate in time or place from the

Department ofJustice funded progfam, and participation in such activities by individuals receiving sewices from the

gÉntee or a sub-g¡antee must be voluntary. The Equal Treatment Regulation also makes clear that organizationsparticipating in programs directly funded by the Department ofJustice are not permitted to discriminate in the provision

òf services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith-based organizations may, in some circumstances, consider religion as a basis for employnent' See

htÞ://wwrv.ojp. gov/about/ocr/equal_fbo.htm.

The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must

confom to the grant program requjrements as stated in BJA program guidance.

Grantee agrees to comply with the requirements of28 C.F.R. Part 46 and all Offìce ofJustice Programs policies and

procedures regarding the protection ofhuman research subjects, including obtaìnment oflnstitutional Review Board

approval, ifappropriate, and subject informed consent.

Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 37899 and 28 C.F.R. Part 22 that

are applicable to collection, use, and revelation ofdata or ìnformation. Grantee further agrees, as a condition ofgrantapproval, to submit a Privacy Certificate that is in accord with requirements of28 C.F.R. Part 22 and, in particular,

section 22.23.

The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, ¡egulations,

OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions ofthisaward in any subaward. The recipient is responsible for oversight ofsubrecipient spending and monitoring ofspecificoutcomes and benefits attributable to use ofJAG funds by subrecipients. The recipient agrees to submit, upon request,

documentation of its policies and procedures for monitoring of subawards under this award.

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26.

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28.

29.

30.

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Department ofJustice'Office of Justice Frograms


AWARDCONTINUÁ,TIONSHEET

Grant

PACE 7 OF 7

PROJECTNUMBER 2OI3-DJ-BX-I156 AIilARD DATE 08/28Ì2013

SPECIAL CONDITIONS

The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will beused to increase the amounts ofsuch funds that rüould, in the absence ofFederal funds, be made available for lawenforcement activities.

Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports throughGMS (https://gr¿nts.ojp.usdoj.gov). Consistent with the Department's responsibilities under the GovemmentPerformance and Results Act (GPRA),P.L.103-62, applicants who receive funding under this solicitation mustprovide data that measure the results oftheir work. Therefore, quarterly performance metrics reports must be submittedthrough BJA's Perfo¡mance Measu¡ement Tool (PMT) website (www.bjaperformancetools.org). For more detailedinformation on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failu¡e to

submit required JAG reports by established deadlines may result in the freezing ofgrant funds and future High Riskdesignation.

Award recipients must verify Point ofContact(POC), Financial Point ofContact (FPOC), and AuthorizedRepresentativecontactinformationinGMS,includingtelephonenumberande-mailaddress. Ifanyinformationisincorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System(GMS) to document changes.

The grantee agrees that within 120 days ofaward acceptance, each cunent member ofa law enfo¡cement task forcefunded with these funds who is a task fo¡ce commander, agency executive, task force officer, or other task forcemember ofequivalent rank, will complete required online (intemet-based) task force training. Additionally, all futuretask force members are required to complete this naining once during the life ofthis award, or once every four years ifmultiple awards include this requirement. The training is provided free ofcharge online through BJA's Center fo¡ TaskForce Integrity and Leadership (www.ctfli.org). This training add¡esses task force effectiveness as well as other keyissues including privacy and civil liberties/rights, task force performance measurement, persomel selection, and taskforce oversight and accountability. When BJA funding supports a task force, a task force personnel roster should becompiled and maintained, along with couse completion certificates, by the grant recipient. Additional ínfo¡mation isavailable regarding this required training and access methods via BJA's web site and the Center for Task Fo¡ceIntegrity and Leadership (www.ctfl i.org).

No JAG funds may be expended on unmanned aircraft, unmanned aircraft systems, or aerial vehicles (US, UAS, orUAV) unless the BJA Directo¡ certifies that extraordinary and exigent circumstances exist, making them essential tothe maintenance ofpublic safety and good order. Additionally, any JAG funding approved for this purpose would be

subject to additional reporting, which would be stipulated by BJA post-award.

BJA strongly encourages the recipient submit annual (or more frequent) JAG success stories at

[email protected]:/ vww.bja.gov/contactus.aspx.JAGsuccessstoriesshouldinclude the: name and location ofprogram/project; point ofcontact with phone and e-mail; amount ofJAG fundingreceived and in which fiscal year; and a briefsummary describing the program/project and its inpact.

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Washingon, D.C. 20531

Memorandum To: Official Grant File

From:

Subject:

Orbin Terry, NEPA Coordinator

Incorporates NEPA Compliance in Further Developmental Stages for City ofFayetteville

The Edward Byme Memorial Justice Assistance Grant Program (JAG) allows states and local governments to

support a broad range of activities to prevent and control crime and to improve the criminal justice system, some ofwhich could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPAand other related federal environmental impact analyses requirements in the use of grant funds, whether the funds

are used directþ by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any ofthe specified activities, the grantee must first determine if any of the specified activities will be funded by the

grant.

The specified activities requiring environmental analysis are:

a. New construction;b. Any renovation or remodeling ofa property located in an environmentally or historically sensitive area,

including properties located within a I O0-year flood plain, a wetland, or habitat for endangered species, or aproperty listed on or eligible for listing on the National Register of Historic Places;

c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic

prior use or (b) significantþ change its size;d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as

an incidental component ofa funded activity and (b) traditionally used, for example, in office, household,

recreational, or education environments; ande. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the

identification, seizure, or closure of clandestine methamphetamine laboratories.

Complying \ilith NEPA may require the preparation of an Environmental Assessment and/or an EnvironmentalImpact Statement, as di¡ected by BJA. Further, for programs relating to methamphetamine laboratory operations,

the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan

requirements, please see http://www.ojp.usdoj.govÆJA/resource/nepa.html.Please be sure to carefully review the grant conditions on your award document, as it may contain more speciflcinformation about environmental compliance.


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Deparûnent ofJusticeOfüce of Justice Programs


GR-ANT MANAGER'S MEMORANDUM, PT.IPROJECT SUMMARY

Grant

PROJECTNUMBER

2013-DJ-BX-il56PAGE I OF I

This prcject is supported ùudq FYl3(BJA - JAG) 42 USC 3750, et seq

l. STAFF CONTACT (Name & telepboDe number)

Dawn Kelley(202\ 6t6-t'704

2. PROJECT DIRECTOR (Name, address & telephone trumbq)

Judy CobeaProjæt Mæager100 west Rock StreetFayetteville, AR 72701 -6057(479) s87-3s8 r

3a. TITLE OF THE PROGRAM

BJA FY 13 Blwdd Byme Mmoria¡ Justiæ Assista¡ce Grant (JAG) Progrm: Irøl3b. POMS CODE (SEE INSTRUCTONS

ON REVERSÐ

4, TITLE OF PROJECT

Fayetteville City, Spriogdale City, aud washingtoD County JAG Prcj€ct

5. NAME & ADDRESS OF GRANTEE

City of Fayett4ille100 A. w6t Rock StreetFayetteville, AR 72701 -6069

6 NAME & ADRESS OF SUBGRANTEE

7. PROCRAM PEzuOD

FROM: 10/01/2012 TO: 09/30/2016

8. BIIDCET PERIOD

FROM: l1l1ll2}l2 l1t 0913012016

9. AMOUNT OF A\üARD

s 69.9'17

IO. DATEOFAWARD

08128120t3

I I. SECOND YEAR'S BUDGET 12, SECOND YEAR'S BUDGET AMOUNT

1 3. THIRD YEAR'S BUDGET PERIOD 14, THIRD YEAR'S BIIDGET AMOTNT

15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)

The Edward Byme Memorial Jusrice Assistance Gmnt Program (JAC) allorvs stat6 and unis oflocal govemment, including tribes, to suppon a broad ¡ange ofactivities to prevent and connol cri¡ne bæed or their own state and local needs and conditions. Grant funds can b€ used for state and local initiativ6, technical

assistance, training, personnel, equipment, supplies, contüctual suppon, and infomation systems for criúinal justice, including for any one or mo¡e of the

following progÊñ areæ: l) larv enforcement progmms; 2) prosecution aûd court programs; 3) prevention and education progmms;4) conections and communitycorections programs; 5) drug treatment and enforc€ment p¡ograms; 6) planning, evaluation, and technology improvement ptograms; and 7) crime victim and

rvitnæs progmms (othq than conpe¡sation).

The City ofFayetteville, City ofSpringdale, and County ofWæhington, disparatejurisdictions, will support lalv enfo¡cement initiatives. JAC funds will be used to

purchase Iaw enforceñ€nt equipment and suppl¡s and support police officer ùaining. The goal is to enhance the 6iminal justice system. NCA-NCF

oJP FORM 4000/2 (REV. 4-88)


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