1999-022-GREAT PROGRAM GRANT, COOPERATIVE AGREEMENT NO 99429203
RESOLUTION NO. 99-022
WHEREAS, the City of Paris Police Department has been involved in the Gang Resistance
Education and Training (G,R,E.A.T,) Program since 1996, and did heretofore, on the 4th day of
September, 1998, make application to the Department of the Treasury, Bureau of Alcohol,
Tobacco, and Firearms, for a G.R.E.A.T. Program grant; and,
WHEREAS, the Department of the Treasury, Bureau of Alcohol, Tobacco, and Firearms,
has issued its Grant Award entitled "G.R.E.A,T. Program" grant for the period beginning on the
date Cooperative Agreement No. 99429203 is signed by the Cooperative Agreement Officer, and
ending January 15,2000, in the total amount of $53,700.00, which requires no matching funds
from the City of Paris; and,
WHEREAS, acceptance of the same requires the execution of Cooperative Agreement No.
99429203 by the City of Paris and the Bureau of Alcohol, Tobacco, and Firearms, and it is
deemed to be in the best interests of the citizens of Paris that the City of Paris accept said Grant
Award and continue to improve the G.R.E.A.T. Program in the City of Paris; and,
WHEREAS, the form of Cooperative Agreement No. 99429203, attached hereto as
Exhibit A, should, in all things, be approved, and the City Manager, Michael E. Malone, should
be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
"Gang Resistance Education and Training (G.R.E.A.T.) Program" Grant for the period beginning
on the date Cooperative Agreement No. 99429203 is signed by the Cooperative Agreement
Officer, and ending January 15, 2000, in the total amount of $53,700.00, requiring no matching
funds from the City of Paris, be, and the same is hereby, accepted; and,
BE IT FURTHER RESOLVED, that the form of Cooperative Agreement No. 99429203,
attached hereto as Exhibit A, be, and the same is hereby, approved; and,
BE IT FURTHER RESOLVED, that the City Manager, Michael E, Malone, be, and he
is hereby, authorized and directed to execute, on behalf of the City of Paris, Cooperative
Agreement No. 99429203, under the terms and conditions and in the form shown in Exhibit A,
attached hereto.
PASSED AND ADOPTED this 8th day of February, 1999.
0:~N~'Y~zt
ATTEST:
~
~-t\ L I:. ~ UM,.ov,. ""^~ N'0 )
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
5~~
Scott p, Foster, City Attorney
.',Of.
(it)
DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOl., TOBACCO AND FIREARMS
WASHINGTON, DC 20226
COOPERATIVE AGREEMENT NO. 99429203
BETWEEN
PARIS, TEXAS
AND
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
1 . PURPOSE
The purpose of this Cooperative Agreement (agreement) is to
establish a legal relationship between the Bureau of
Alcohol, Tobacco and Firearms (ATF) and the Paris Police
Department, Paris, TX (LOCAL GOVERNMENT). This agreement
sets forth the responsibilities for the operation of the
gang prevention program known as Gang Resistance Education
and Training (G.R.E.A.T.) in Paris. All terms and
conditions herein are binding upon execution of the
agreement by both parties.
2. PERIOD OF PERFORMANCE
This agreement is limited to the operation of the G.R.E.A.T.
Program. The period of performance begins when the
Agreement is signed by the Cooperative Agreement Officer
(CAO) and ends on January 15, 2000. However, ATF intends to
continue the legal relationship in the future, subject to
continuing congressional appropriations. In future years,
no legal liability on the part of ATF or the Federal
Government shall accrue unless funds are made available to
the CAO and the LOCAL GOVERNMENT receives written
notification of the amount of funds available. The
continuation of the agreement in future years will be
subject to a reapplication process by the LOCAL GOVERNMENT.
3. SCOPE OF WORK
In the Treasury, Postal Service and General Government
Appropriation Bill for the Fiscal Year ending
September 30, 1999, ATF was directed to continue operation'
of the G.R.E.A.T. Program, which was originally started as
PROJECT OUTREACH in the Fiscal Year 1992 appropriation.
fz..HIBIT A
..,
COOPERATIVE AGREEMENT NO. 99429203
G.R.E.A.T. is a project which uses the skills of ATF, State
and local law enforcement personnel, as well as individuals
from community and civic groups, to develop a program that
educates youth about the dangers associated with joining
street gangs. G.R.E.A.T. consists of three major phases:
Phase I
Phase II
Phase II I
School-Based Education
Summer Education/Recreation
Parent Involvement Program
4. COOPERATIVE AGREEMENT PLAN
During the period of performance the G.R.E.A.T. Program will
be implemented and continued as follows:
A. RESPONSIBILITIES OF PARIS, TX
Paris, TX, through the Paris Police Department, will
participate in the G.R.E.A.T. Program as specified below:
(1) Phase I - The LOCAL GOVERNMENT shall arrange with
local area middle/junior high schools, to schedule 9 one-
period classes to instruct a minimum of 295 students per
year, on the dangers of gangs in accordance with the
G.R.E.A.T. Program lesson plans. Classes will be taught
in an appropriate education time slot as determined by
local school officials. These classroom lessons are to
be presented during the school year of the performance
period of the agreement as specified in Section 2 of
this agreement. The lessons will be taught to
middle/junior high school students within the Paris
school system.
PHASES II and III OF G.R.E.A.T.
The LOCAL GOVERNMENT shall submit and implementation plan
for phases II and III prior to the beginning of either
phase. Implementation of Phases II and III must support
Phase I of this agreement and be in accordance with the
following guidelines:
Phase II
The LOCAL GOVERNMENT will coordinate summer
education/recreation activities at sites selected by the
cognizant police department.
Additionally, the LOCAL GOVERNMENT will attempt.to match
available existing community programs and resources with ','
G.R.E.A.T. students and graduates.
2
COOPERATIVE AGREEMENT NO. 99429203
Phase III
The LOCAL GOVERNMENT will institute an education program
for parents of youth involved in gangs and/or at risk of
joining gangs, and for parents of other Phase I
participants.
Under the terms of this agreement, ATF will not
reimburse the LOCAL GOVERNMENT for any expenses
incurred after the end of the period of performance
specified in Section 2.
(2) ATF is mandated by Congress to evaluate the
G.R.E.A.T. Program. A process and outcome analysis
evaluation will be conducted every year. This
evaluation will require the LOCAL GOVERNMENT to permit
evaluators designated by ATF to conduct G.R.E.A.T. -
related interviews, establish focus groups of officers,
school administrators, teachers, and students and
administer relevant pre and post-tests.
A longitudinal study is also part of the evaluation
process and access to student school files, disciplinary
records, and related juvenile crime reports is necessary
for a comprehensive evaluation. Therefore, the LOCAL
GOVERNMENT must provide access to such records within
their control, but only to the extent permitted bv law.
The LOCAL GOVERNMENT agrees to provide an officer(s)
part-time, to assist the G.R.E.A.T. Program as a Team
Leader(s). The LOCAL GOVERNMENT agrees to allow an
officer(s) to complete G.R.E.A.T. Officer Training,
teach the G.R.E.A.T. curriculum, complete G.R.E.A.T.
Management Leader training, and assist the National
Training Team as a Team Leader. The LOCAL GOVERNMENT
agrees to provide the services of said Team Leader(s) for
G.R.E.A.T. training sessions during the period of
performance of this agreement at the rate of 2 weeks per
50,000 dollars of award.
moun 0 Awar e(']'u~re ee s
$50,000 2
$100,000 4
$150,000 6
$200,000 B
$250,000 10
$300,000 12 .
$350,000 14
$400,000 16
A
t f
d
R
d W k
3
:
COOPERATIVE AGREEMENT NO. 99429203
(3) It is the responsibility of the LOCAL GOVERNMENT to
plan, initiate and oversee the completion of the
G.R.E.A.T. Program; to prepare quarterly progress
reports and quarterly requests for payments; to certify
the accuracy of contractor and vendor billings; to
ensure the cost efficient and timely completion of the
project; and to immediately notify ATF, in writing, of
any issues or problems, real or anticipated, which might
affect the successful completion of the project within
the time frame and funding established in the agreement.
(4) It is the responsibility of the LOCAL GOVERNMENT to
ensure that Officers regular and overtime salaries shall
not exceed 70% of the total amount obligated under this
agreement.
(5) Capital expenditures such as computers, office
equipment, electronic and video equipment, etc., may be
reimbursed but only after prior approval for the purchase
is obtained from the Government Technical Representative
(GTR) .
Requests for capital expenditures must be submitted in
writing to the GTR. The request shall include the
item(s) to be purchased, quantity, cost (per item), and a
justification as to why such an expenditure is required
and to how it benefits the G.R.E.A.T. Program.
Capital expenditures shall not exceed 20% of the total
amount obligated under this agreement.
The LOCAL GOVERNMENT must receive written approval from
the GTR prior to the purchase and reimbursement of
capital expenditures. Capital expenditures not approved
by GTR will remain the expense of the LOCAL GOVERNMENT.
B. RESPONSIBILITIES OF ATF FOR REIMBURSEMENT
(1) (a) ATF has obligated, to Paris, TX, $53,700 for the
school-based education phase of the G.R.E.A.T. Program.
Funds are provided to reimburse the LOCAL GOVERNMENT's
cost incurred as follows:
* Officers' time (regular and overtime);
* G.R.E.A.T. training expenses, such as .
instructional materials, workbooks, instructor
fees, and guest speakers' fees;
4
, .
COOPERATIVE AGREEMENT NO. 99429203
* Expenses incurred in connection with officers
receiving G.R.E.A.T. officer training. This
includes transportation, lodging and per diem in
accordance with Federal Travel Regulation.
Officer's time (regular and overtime) will be
paid during training. Overtime shall not exceed
10 hours per week during training;
* Printed materials such as student handbooks,
culmination certificates, awards;
* Administrative expenses, directly supporting
GREAT activities, such as general office
supplies, office space leases, and clerical
support directly supporting GREAT activities,
during the term of this agreement; and
* Expenses for G.R.E.A.T. promotional materials
such as pamphlets, bumper stickers, hats,
T-shirts, buttons, pens and pencils.
(b) Funds obligated to the LOCAL GOVERNMENT under
this agreement shall also be used for Phases II and
III of the G.R.E.A.T. Program.
(c) Reimbursements will be made only when a
completed SF-270, Request for Advance or
Reimbursement form, attachment I, is provided by the
Local Government in accordance with the terms of
this agreement.
(2) It is the responsibility of the GTR or designee to
monitor the project status, to review and certify interim
and final payment requests submitted by the LOCAL
GOVERNMENT and; to ensure that the funding limitations in
paragraphs4.A.4, 4.B.1.A and 4.B.l.D have not been
exceeded.
D. THIRD/FOURTH GRADE SCHOOL-BASED EDUCATION PROGRAM
In addition to the G.R.E.A.T. middle/junior high ~chool
component, the LOCAL GOVERNMENT may elect to teach a
third/fourth grade G.R.E.A.T. component.
The LOCAL GOVERNMENT shall arrange with local area
elementary schools, to schedule four one-period sessions
to instruct third and fourth grade students on the
dangers of gangs, in accordance wi th the G. R. E'. A. T .
Program lesson plans. Classes will be taught in an
appropriate education time slot, as determined by local
school officials. These classroom lessons are to be
5
. .
COOPERATIVE AGREEMENT NO. 99429203
presented during the school year of the performance
period of the agreement as specified in Section 2 of
this agreement. The lessons will be taught to third and
fourth grade students within the Paris school system.
Under the terms of this agreement, ATF will not
reimburse the LOCAL GOVERNMENT for any expenses
incurred after the end of the period of performance.
E. Limitations - Other than the administrative costs
expressly set out in paragraph B(1) (al, above, no
administrative expenses or costs, whether direct or
indirect, shall be reimbursed under this agreement.
5. FUNDING, PAYMENT AND SUBMISSION OF INVOICES
A. ATF will obligate $53,700 for reimbursement under
this agreement. Requests for reimbursement for work
completed will be made by the LOCAL GOVERNMENT on a
SF-270, Request for Advance or Reimbursement, attachment
I, to the GTR for review and certification. Payments
will only be issued to the LOCAL GOVERNMENT, and not
vendors or contractors.
ATF will not provide funding in excess of the amount
specified for each year the agreement is in effect. The
LOCAL GOVERNMENT accepts responsibility for all costs
associated with the G.R.E.A.T. Program which exceed the
level of funding provided by ATF.
B. Request for Reimbursements shall be submitted by the
LOCAL GOVERNMENT on a quarterly basis as follows:
(1) The original SF-270 form, along with
receipts/invoices supporting reimbursement request to
the GTR. Request for travel reimbursements must include
the TRAVEL REIMBURSEMENT SHEET (Attachment II). The
GTR's address is as follows:
Bureau of Alcohol, Tobacco and Firearms
ATTN: Juanita Wright
P.O. Box 50418
Washington, DC 20091-0418
A final agreement report shall be submitted by the LOCAL
GOVERNMENT within 30 days after the completion of the
project. This final report will contain the date of
completion, final expenses, and a statement thac the
agreement is completed.
6
. ,
COOPERATIVE AGREEMENT NO. 99429203
The LOCAL GOVERNMENT will provide ATF with whatever
payment information is necessary to transfer funds
(electronic payment information, bank account numbers,
etc.) to the LOCAL GOVERNMENT.
C. Title 31 of the Code of Federal Regulations, Part 208,
effective July 01, 1997, mandates that Federal payments
under cooperative agreements be made via electronic
funds transfer (Waiver: Department of the Treasury
check{s) will be issued ONLY when the LOCAL GOVERNMENT
certifies in writing that the recipient does not have an
account at a financial institution or authorized payment
agent) .
(1) The following applies only to Direct Deposit
payments:
The LOCAL GOVERNMENT shall forward a completed SF-
3881, ACH Vendor/Miscellaneous Payment Enrollment
Form, attachment III with this signed agreement.
(a) The Agency Information is preprinted to issue
payment from ATF.
(b) The Payee/Company Information is to be
completed by the Payee. The Taxpayer
Identification Number (TIN) must be provided.
The TIN is the Employer Identification Number.
Notice of each Direct Deposit will be
forwarded to the address listed.
(c) The Financial Institution Information should be
completed by the Payee's Financial Institution.
(d) All payments will be made to checking or
savings accounts, not lockboxes.
(e) Financial Institutions must list their nine
digit American Bankers Association (ABA)
identifying number. This number is used for the
routing of direct deposited funds. (Provide this
number only if the receiving financial institution
has access to the Federal Reserve Communications
System) .
(f) If the rece~v~ng financial institution does not
have access to the Federal Reserve Communications
System, provide the name of the correspondent
financial institution through which the receiving
financial institution receives electronic funds
7
COOPERATIVE AGREEMENT NO. 99429203
transfer messages.
(2) Any changes to funding and payment information
shall be furnished to ATF at the address in
paragraph 5.B.1, in writing at least 30 days before
the effective date of the change. It is the LOCAL
GOVERNMENT'S responsibility to furnish these
changes promptly to avoid payments to erroneous
addresses or bank accounts.
(3) All documents furnishing payee information from the
agreement recipient must be dated and contain the
signature, title, and telephone number of the
agreement recipient official authorized to provide
it, as well as the agreement recipient's name.
(4) The TOLL-FREE telephone number for the ATF
Financial Management Division, 1-800-800-5558, is
available for payment questions. This number is
answered between 8:30am and 5:00pm (EST), Monday
through Friday.
D. The LOCAL GOVERNMENT certifies, by signing the SF-270
form, attachment I, that all requests for reimbursement
submitted shall be supported by valid receipts/invoices
which are in accordance with the project authorized in
this agreement. Copies of paid invoices shall be clearly
marked with the appropriate agreement number to which
they are charged and maintained in the agreement project
file by the LOCAL GOVERNMENT. All such documentation
shall be made available for review upon the request of
ATF or any Federal audit agency.
Funds specified and approved for G.R.E.A.T. shall not be
transferred to another project or be used for any other
purpose, unless authorized by a written modification to
this agreement signed by the LOCAL GOVERNMENT and the
CAO or his designee.
E. The LOCAL GOVERNMENT certifies that no request for
payment will be submitted for work, materials or
services which have been previously funded by any other
source.
F. The LOCAL GOVERNMENT will maintain such books, records,
documents and other records that will accurately
document all costs relating to this agreement in
accordance with State laws and procedures for- expending
and accounting for its own funds. This documentation
must be kept for a period of at least three years
following the end of the agreement's period of
8
COOPERATIVE AGREEMENT NO. 99429203
performance and final payment. All such documents will
be subject to periodic on-site review as deemed
necessary by ATF and any Federal audit agencies
including any Contractor hired by the Federal Government
to perform audit services.
G. INSPECTION/ACCEPTANCE
Inspection and acceptance of all supplies and services under
this agreement shall be accomplished by ATF's GTR or someone
otherwise designated by the CAO.
7. MODIFICATIONS
A. The CAO may at any time, by written order, make changes
within the general scope of this agreement in anyone or
more of the following:
(1) Description of services to be performed.
(2) Period of Performance
B. Modifications that change any part of the agreement or
the responsibilities of the LOCAL GOVERNMENT must be made
by mutual agreement of both parties. Failure to agree to
any modification shall be a dispute under the DISPUTES
clause (Section 11) of this agreement. However, nothing
in this clause shall excuse the LOCAL GOVERNMENT from
proceeding with the agreement as changed.
C. Notwithstanding the terms and conditions of paragraphs A
and B above, the estimated cost of this cooperative
agreement shall not be increased or considered increased
except by specific written modification of the agreement
indicating the new agreement total. Until this
modification is made, the LOCAL GOVERNMENT is not
authorized to incur costs beyond those specified under
Section 5.A of this agreement.
8. ASSURANCES
This agreement provides for Federal participation in an
education and public awareness program to warn youth about
the dangers of gangs. A local government receiving Federal
funds under this agreement is required to assure and certify
that it will, as a condition of receiving the funds', comply
with applicable Federal laws and regulations governing
cooperative agreements. By acceptance of this agreement the
9
COOPERATIVE AGREEMENT NO. 99429203
LOCAL GOVERNMENT assures and certifies that it will comply
with the regulations in Attachment IV of this agreement, as
well as other listed regulations, policies, guidelines, and
requirements listed in the agreement, including OMB Circular
A-87-Cost Principles for State, Local and Indian Tribal
Governments, A-I02-Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local
Governments, and A-133-Audits of State and Local
Governments, as they relate to participation in the
G.R.E.A.T. Program.
In this agreement, the term "Contractor" used in Attachment
IV Clauses and provisions refers to the "LOCAL GOVERNMENT."
9. PUBLICATIONS AND NEWS RELEASES
A.Definition. For the purpose of this clause,
"publication" includes:
(1) Any document containing information for public
consumption; or,
(2) The act of, or any act which may result in,
disclosing information to the public.
B. The results of this program are planned to be made
available to the public through such means as the Director
of ATF shall determine.
C. Federal Government Ownership of Official Products of
Work.
All interim and final reports and information, data
analyses, special methodology, findings, and their
related documents and work products, including reports,
work sheets, survey instruments, computer tapes, and any
other physical materials and products produced directly
under this agreement are considered Official Products of
Work, owned by the Federal Government and held for the
benefit of the public. Further, the LOCAL GOVERNMENT
acknowledges that it will not acquire any rights in data
or goodwill for any of the materials or products
produced under this agreement.
D. Independent and Special Products
During the term of this agreement, works authored,
composed, or developed by the LOCAL GOVERNMENT and
approved by the G.R.E.A.T. National Policy Board,
including but not limited to brochures, curriculum,
student handbooks, instructor manuals, newsletters,
pamphlets, and other products developed to enhance the
10
COOPERATIVE AGREEMENT NO. 99429203
G.R.E.A.T. Program are considered to be Independent and
Special Products.
E. Publication of Official Products of Work
Official Products of Work, quotations therefrom,
paraphrasing, or disclosures of interim findings may not
be published without the written approval of the GTR for
a period of 60 days after acceptance of the product by
the GTR. Thereafter, the LOCAL GOVERNMENT shall be free
to publish without ATF approval.
F. Acknowledgement and Disclaimer
(1) All Official Products of Work, or any part
thereof, developed through the use of funds provided for
under this instrument, when published by the LOCAL
GOVERNMENT or other participants in the work, shall
contain the following acknowledgement and disclaimer:
"The work that provided the basis for this
publication was supported by funding under a
Cooperative Agreement with the Bureau of Alcohol,
Tobacco and Firearms. The substance and findfngs
of the work are dedicated to the public. The
author and publisher are solely responsible for
the accuracy of the statements and interpretations
contained in this publication. Such
interpretations do not necessarily reflect the
views of the Federal Government."
(2) All Independent and Special Products, or any parts
thereof, developed through the use of funds provided for
under this instrument, when published by the Local
Government or other participants in the work, shall
contain the following acknowledgement and disclaimer:
"The work that provided the basis for this
publication was supported in part by funding under
a cooperative agreement with the Bureau of
Alcohol, Tobacco and Firearms, which maintains its
rights in this publication as set forth in 41
C.F.R. 3105-71.134. The author and publisher are
solely responsible for the accuracy of the
statements and interpretations contained in this
publication. Such interpretations do not
necessarily reflect the views of the Federal
Government. " . .
, .
G. Notice of News Release and Public Announcements
11
COOP~RATIVE AGREEMENT NO. 99429203
Two copies of all press releases, formal announcements,
and other planned, written issuance's containing news or
information concerning this agreement that may be made
by the LOCAL GOVERNMENT or its staff, or any
subcontractor or other person or organization
participating in the work of this agreement shall be
provided to the GTR at the earliest possible time. News
releases and other public announcements may not disclose
any interim finding or quote or paraphrase any part of
any Official Product of Work without complying with
paragraphs (El and (F) above.
10. COLLECTION OF DATA
Collection of information from ten or more persons and
sponsored by ATF, shall be subject to 5 CFR 1320. A
collection of information undertaken by a recipient of a
Federal cooperative agreement is considered to be sponsored
by ATF only under the following conditions:
A. The recipient of a cooperative agreement is collecting
information at the specific request of the agency; or
The terms and conditions of the cooperative agreement
require specific approval by the agency of the
collection of information or the collecti?n procedures.
11. DISPUTES
A. It is hereby agreed upon that this agreement is subject
to the Contract Disputes Act of 1987, as amended (41
U.S.C. 601-613).
B. Except as provided'in the Act, all disputes arising
under or relating to this agreement shall be resolved
under this clause.
C. "Claim," as used in this clause, means a written demand
or written assertion by one of the agreement parties
seeking, as matter of right, the payment of money in a
sum certain, the adjustment or interpretation of
agreement terms, or other relief arising under or
relating to this agreement. A claim arising under a
cooperative agreement, unlike a claim relating to that
agreement, is a claim that can be resolved under a
cooperative agreement clause that provides for' the
relief sought by the claimant. However, a written
demand or written assertion by the LOCAL GOVERNMENT
12
COOPERATIVE AGREEMENT NO. 99429203
seeking the payment 9f money exceeding $100,000 is not a
claim under the Act until certified as required by
subparagraph D(2) of this clause. A voucher, invoice,
or other routine request for payment that is not in
dispute when submitted is not a claim under the Act.
The submission may be converted to a claim under the
Act, by complying with the submission and certification
requirements of this clause, if it is disputed either
as to liability or amount or is not acted upon in a
reasonable time.
D. (1). A claim by the LOCAL GOVERNMENT shall be made in
writing and, unless otherwise stated in this cooperative
agreement, submitted within 6 years after accrual of the
claim to the CAO for a written decision. A claim by the
Government against the LOCAL GOVERNMENT shall be subject
to a written decision by the CAO.
(2). The LOCAL GOVERNMENT shall provide the
certification specified in subparagraph D(4) of this
clause, in writing, when submitting any claim.
(a) Exceeding $100,000; or
(b) Regardless of the amount claimed, when using.
1. Arbitration conducted pursuant to 5 U.S.C.
575-580; or
2. Any other alternative means of dispute
resolution (ADR) technique that the agency
elects to handle in accordance with the
Administrative Dispute Resolution Act
(ADRA) .
(3). The certification requirement does not apply to
issues in controversy that have not been submitted
as part of a claim.
(4). The certification shall state as follows: "I
certify that the claim is made in good faith; that the
supporting data are accurate and complete to the best of
my knowledge and belief; that the amount requested
accurately reflects the agreement adjustment for which
the LOCAL GOVERNMENT believes the Government' is
liable; and that I am duly authorized to certify the
claim on behalf of the LOCAL GOVERNMENT."
13
COOPERATIVE AGREEMENT NO. 99429203
(5). The certification may be executed by any person
duly authorized to bind the LOCAL GOVERNMENT with
respect to the claim.
E. For LOCAL GOVERNMENT claims of $100,000 or less, the CAO
must, if requested in writing by the LOCAL GOVERNMENT,
render a decision within 60 days of the request. For
LOCAL GOVERNMENT-certified claims over $100,000, the CAO
must, within 60 days, decide the claim or notify the
LOCAL GOVERNMENT of the date by which the decision will
be made.
F. The CAO's decision shall be final unless THE LOCAL
GOVERNMENT appeals or files a suit as provided in the
Act.
G. If the claim by the LOCAL GOVERNMENT is submitted to the
CAO or a claim by the Government is presented to the
LOCAL GOVERNMENT, the parties, by mutual consent, may
agree to use ADR. If the LOCAL GOVERNMENT refuses an
offer for alternative disputes resolution, the LOCAL
GOVERNMENT shall inform the CAO, in writing, of the
LOCAL GOVERNMENT's specific reasons for rejecting the
request. When using arbitration conducted pursuant to
5 U.S.C. 575-580, or when using any other ADR technique
that the agency elects to handle in accordance with the
ADRA, any claim, regardless of amount, shall be
accompanied by the certification described in
subparagraph D(4) of this clause, and executed in
accordance with subparagraph D(5) of this clause.
H. The Government shall pay interest on the amount
found due and unpaid from (1) the date that the CAO
receives the claim (certified, if required); or, (2) the
date that payment otherwise would be due, if that date
is later, until the date of payment. With regard to
claims having defective certifications, as defined in
(FAR) 48 CFR 33.201, interest shall be paid from the
date that the CAO initially receives the claim.. Simple
interest on claims shall be paid at the rate, fixed by
the Secretary of the Treasury as provided in the Act,
which is applicable to the period during which the CAO
receives the claim and then at the rate applicable for
each 6-month period as fixed by the Treasury. Secretary
during the pendency of the claim.
14
COOPERATIVE AGREEMENT NO. 99429203
I. The LOCAL GOVERNMENT shall proceed diligently with
performance of this agreement, pending final resolution
of any request for relief, claim appeal, or action
arising under the contract, and comply with any decision
of the CAO.
12. STOP WORK
A. The CAO or his designee may issue, and the LOCAL
GOVERNMENT will accept, a written order to hold or Stop
Work on the G.R.E.A.T. Program fund~d under this
agreement for a period of up to 30 days. Such orders
will be issued only for sufficient cause, such as reason
to believe work is being performed outside of the terms
of the agreement, for financial improprieties found
during a monitoring inspection or voucher and records
review, or a change in relevant laws or regulations.
B. A Stop Work Order may be continued, cancelled or
reissued as termination.
C. The LOCAL GOVERNMENT is responsible for any costs
incurred after the issuance of a Stop Work Order
unless such work, material, equipment or services
were purchased prior to the issuance of the Stop
Work Order and delivery cannot be cancelled.
13. TERMINATION
A. The Government may terminate performance of work
under this agreement in whole, or in part, if the CAO
determines that a termination is in the Government's
interest. The CAO shall terminate by delivering to the
LOCAL GOVERNMENT a Notice of Termination specifying the
extent of termination and the effective date.
(1) After receipt of a Notice of Termination and except
as directed by the CAO, The LOCAL GOVERNMENT shall
immediately proceed with the following obligations:
(a) Stop work as specified in the notice.
(b) Place no further orders, except as necessary to
complete the continued portion of the
agreement.
(cl Terminate all applicable subcontracts and cancel
or divert applicable commitments covering
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COOPERATIVE AGREEMENT NO, 99429203
personal services that extend beyond the
effective date of termination.
(d) Take any action that may be necessary for the
protection and preservation of the property
related to this agreement that is in the
possession of The LOCAL GOVERNMENT and in
which the Government has or may acquire an
interest.
(e) Within 60 days after the date of termination,
the LOCAL GOVERNMENT shall submit a final report
along with a final SF-270, Request for Advance
or Reimbursement, attachment I, to the GTR.
B. This Agreement may be terminated in-full or in-part by
the LOCAL GOVERNMENT at anytime prior to the completion
of the Program listed in the Agreement. the LOCAL
GOVERNMENT shall notify the CAO, in writing, prior to
the proposed date of termination.
14. REPORTS
A. The LOCAL GOVERNMENT shall submit to the GTR a quarterly
report within 10 days of the close of each calendar
quarter. This report shall describe the programmatic and
financial status of the project. The GTR shall be
advised of any significant programmatic or financial
adjustments/modifications. A progress report format is
provided in Attachment IV.
B. A final agreement report shall be submitted by the LOCAL
GOVERNMENT within 30 days after the completion of the
project. This final report will contain the date of
completion, final costs, and a statement that the
agreement is completed.
C. Failure to submit quarterly progress reports or the
final agreement report may be interpreted as
non-compliance with this agreement.
15. GOVERNMENT REPRESENTATIVES
A. The Cooperative Agreement Officer (CAO) is the Chief,
Acquisition and Property Management Division, located at
650 Massachusetts Avenue, NW, Room 3290, Wash~ngton, DC
20226, phone number (202) 927-8820.
B. The Cooperative Agreement Administrator (CAA) is
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COOPERATIVE AGREEMENT NO. 99429203
Kevin R. Merriweather, located at 650 Massachusetts
Avenue, NW, Room 3290, Washington, DC 20226, phone number
(202) 927-7716.
C. The Government Technical Representative (GTR) is
Special Agent in Charge, G.R.E.A.T. Program Branch,
located at P.O. Box 50418, Washington, DC 20091-0418,
phone number (202) 927-2160.
16. LIMITATION OF TECHNICAL DIRECTION FROM THE GTR
A. Performance of work under this agreement shall be
subject to the technical direction of the GTR identified
in paragraph 15.C. of this agreement, or a designated
representative. The term "technical direction" is
defined to include, without limitation, direction to the
'LOCAL GOVERNMENT which directs or redirects the labor
effort, shifts the work between work areas or locations,
further defines tasks and otherwise serves to ensure
that the tasks outlined in the agreement are
accomplished in a satisfactory manner.
B. Technical direction must be within the scope of the
agreement. The GTR does not have the authority to, and
may not, issue any technical direction which:
(1) Constitutes a change of assignment or additional
work outside the scope of work of the agreement;
(2) Constitutes a change in the agreement that
requires a modification as specified in Section 7
"Modifications."
(3) In any manner cause an increase or decrease in the
agreement price, or the time required for agreement
performance.
(4) Changes any of the terms, conditions or scope of
work of the agreement; or
(5) Interferes with the LOCAL GOVERNMENT's right to
perform under the terms and conditions of the
agreement.
C. Technical directions may be oral or in writing, by GTR
or a designee with written delegated authority from the
CAO. Oral directions shall be confirmed in writing
within two working days of issuance.
D. The LOCAL GOVERNMENT shall proceed promptly with the
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COOPERATIVE AGREEMENT NO. 99429203
performance resulting from technical directions issued
by the GTR, or his designee. If in the opinion of the
LOCAL GOVERNMENT, any instruction or direction of the
GTR, or his designee, falls within the purview defined,
in paragraph b.l. through 5. above, the LOCAL GOVERNMENT
shall immediately notify the CAO no later than the
beginning of the next Government workday.
E. Failure of the LOCAL GOVERNMENT and the CAO to agree
that the technical directions are within the scope of
the agreement shall be subject to the terms of the
clause entitled Disputes in Section 11.
17. COOPERATIVE AGREEMENT OFFICER'S AUTHORITY
The CAO is the only person authorized to approve
modifications to this agreement. This authority remains
solely with the CAO. In the event the LOCAL GOVERNMENT
affects any modifications at the direction of any person
other than the CAD, the modifications will be considered to
have been made without authority and no adjustment will be
made to the agreement. The CAO shall be the only individual
authorized to accept non-conforming work, waive any
requirement of the agreement, and/or modify any term or
condition of the agreement. The CAO is the only individual
who can legally obligate the Government to expend public
funds.
18. Attachments I (SF-270 REQUEST FOR ADVANCE OR REIMBURSEMENT),
II (Travel Reimbursement Sheet), III (ACH
VENDOR/MISCELLANEOUS PAYMENT ENROLLMENT FOR), IV (Additional
Clauses and Provisions) and V (QUARTERLY COOPERATIVE
AGREEMENT PROGRESS REPORT) are hereby incorporated to form an
integral part of this Agreement.
19. FORMS
The following standard forms, provided, must be
completed and submitted with the agreement:
* SF-LLL
Disclosure of Lobbying Activities;
* SF-388l
ACH Vendor/Miscellaneous Payment
Enrollment Form (ATTACHMENT III);
* SF-424
Application for Federal Assi~~ance;
* SF-424A
Budget Information - Non-Construction
Programs (with instructions);
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COOPERATIVE AGREEMENT NO. 99429203
* SF-424B
Assurances - Non-Construction Programs;
The following reimbursement forms, provided, must be
completed and submitted with each request for
reimbursement:
* SF-270
Request for Advance or Reimbursement
(ATTACHMENT I) (make copies as needed)
*
Travel Reimbursement Sheet (ATTACHMENT
II) (make copies as needed)
Also complete and submit quarterly, the form provided
as attachment V ~ QUARTERLY PROGRESS REPORT (make
copies as needed) .
2/8/99
Date
LOCAL GOVERNMENT's signature'
MICHAEL E. MALONE, crTY MANAGER
ATF COOPERATIVE AGREEMENT OFFICER'S signature
Date
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