Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
06-B G.R.E.A.T Grant Agreemt
DRAFT F:ALICEkRESWORK~CU RRENTx GREAT Grant Awd Re~ 2003 July 9, 200.] RESOLUTION NO. A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING THE GANG RESISTANCE EDUCATION AND TRAINING (G.R.E.A.T.) PROGRAM GRANT; AUTHORIZING THE EXECUTION OF COOPERATIVE AGREEMENT NO. ATC03000218; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 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, 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 January 16, 2003, and ending January 15, 2004, in the total amount of $41,040.00, which requires no matching funds from the City of Paris; and, WHEREAS, acceptance of the same requires the execution of Cooperative Agreement No. ATC03000218 by and between 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. ATC03000218, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the "Gang Resistance Education and Training (G.R.E.A.T.) Program" grant for the period beginning January 16, 2003, and ending January 15, 2004, in the total amount of $41,040.00, requiring no matching funds from the City of Paris, be, and the same is hereby, accepted. Section 3. That the form of Cooperative Agreement No. ATC03000218, aRached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, Cooperative Agreement No. ATC03000218, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 5. That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED this 14th day of July, 2003. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney COOPERATIVE AGREEMENT NO. ATC03000218 BETWEEN Paris Police Department AND i BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXLOSIVES 1. PURPOSE The purpose of this Cooperative Agreement (hereinafter "CA" or "Agreement") is to establish a legal relationship between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Paris Police Department, hereinafter collectively referred to as "the parties". This Agreement sets forth the responsibilities for the operation of the gang prevention program commonly referred to as the Gang Resistance Education And Tra'ming (G.I~.E.A.T.) and related activities in the Paris Police Depa~nent. All terms and conditions herein arc binding upon execution of the Agreement by both panics. 2. PERIOD OF PERFORMANCE The period of performance begins January 16, 2003 and ends January 15, 2004. ATF intends to continue thc legal relationship in the future in providing funds £or the G.R.E.A.T. Program, subject to authorization and the availability of funds fo~ the G.R.E.A.T. Program. In addressing funding commitments for future years, there is no legal liability on the pan of ATF, the Depar~:ment of Justice, or thc Federal Government under this Agreement to incur commitments unless ATF advises the Paris Police Department that funds will be provided to thc Paris Police Department for the G.R.E.A.T. Program and related activities. The continuation of the Agreement in future years will be subject to a reapplication process by the Paris Police Department and compliance by the Paris Police Department with G.P~.E.A.T. Program Policies and Procedures. In the case that the Paris Police Department does not comply with the G.R.E.A.T. Program Policies and Procedures, the funding may be withdrawn from the Paris Police Department by the ATF. EXHIBIT.4 COOPERATIVE AGREEMENT NO. ATC03000218 3. SCOPE OF WORK In the Treasury, Postal Service and General Government Appropriation Bill for the Fiscal Year ending September 30, 2003, ATF was directed to continue operation of the G.R.E.A.T. Program, which originally started as PROJECT OUTREACH in the Fiscal Year 1992 appropriation. G.R.E.A.T. is a project that uses the skills ofATF, State'and local law enforcement personnel, as we11 as individuals from community and civic groups, to develop a program that educates youth about the dangers associated with joining street gangs and engaging in youth violence. G.R.E.A.T. consists of three major phases: Phase I School-Based Education Phase II Summer Component Phase 1Ii Family Component 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 LAW ENFORCEMENT AGENCY NAME The Paris Police Department, will participate in the G.R.E.A.T. Program and related activities as specified below: (1) Phase I - The LAW ENFORCEMENT AGENCY NAME shall arrange with local area middle/junior high schools, to schedule 13 one period classes, (for those agencies whose officers have been re-certified in the new G.R.E.A.T. Curriculum. All others should be recertified in the new 13-week G.R.E.A.T. curriculum.) to instruct a minimum of enter amount (as indicated in the application for funding) 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 Police Department's school system. The Paris Police Department is required to order graduation certificates from the G.R.E.A.T. Program Office for student participants of the program. Certificates are provided free of charge and should be ordered at least 8 weeks prior to graduation. 3. COOPERATIVE AGREEMENT NO. ATC03000218 Requests for certfficates can be downloaded from www.atf, gov/great/train.htm and faxed to Janelle Scayles, at (202) 927-3180 or (202) 927-3182· The number of certificates ordered shall reflect the actual number of students enrolled in the program, as this information may affect future funding. PHASES 1I and 1II OF G.R.E.A.T. The Paris Police Department shall submit an implementation plan for phases 1I and III by May 1, 2003 to your Regional Point of Contact. Implementation of Phases 11 and Itl must support Phase I of this Agreement and be in accordance with the following guidelines: Phase II The Paris Police Department will be required to coordinate summer education/recreation activities at sites selected by the cognizant police department.(See attached list·) Additionally, the Paris Police Department will attempt to match available existing community programs and resources with G.R.E.A.T. students and graduates. Phase III The Paris Police Department will institute the G.R.E.A.T. Families Curriculum to engage families as part of our community policing efforts to reduce crime and delinquency, promote family relations and provide resource information. The curriculum is for adults and children ages 8-14. G.R.E.A.T. Families minimum requirements for the staff, meeting space, and materials are listed below. Generally, by using schools, community centers, club training rooms, or church meeting spaces many of the items listed below may be available, along with chairs and tables, from the hosting organization. Ideally, costs associated with G.R.E.A.T. Families can be kept to a minimum by making use of existing resources from your department and your parmers. Please review the list below in order to familiarize yourself with the resources and materials needed to conduct G.R.E.A.T. families. 2 COOPERATIVE AGREEMENT NO. ATC03000218 G.R.E.A.T. Families Minimum Resources: · STAFF: 1 G.R.E.A.T. lead facilitator, 2 co-facilitators (four 2-hour and one 3-hour sessions) · Computer lab* with computers for each family (two families can share a computer) · TV/VCR set up · Dry Erase board (Large) with markers and erasers · 2 flip charts with easels and markers · Name Tags · Main classroom to accommodate as many as 30, with breakout space for 15 people · Deck of playing cards · 12-12" lengths of ¼" nylon rope (clothesline) · Printed handouts (from cmriculum) · Meals · Baby sitter *Needed for Session 5, Intemet Safety class. Usually school libraries or media labs are available. A laptop/Power Point projector and screen can be used to present to entire class if a computer lab is NOT available. Under the terms of this Agreement, ATF will not reimburse the Paris Police Department for any expenses incurred after the end of the period of performance specified in Section 2. (3) The Paris Police Department agrees to provide an officer(s) part-time, to assist the G.R.E.A.T. Program as a Team Leader(s). The Paris Police Department 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 Paris Police Department 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. Amount of Award Required Weeks $50,000 1 3 COOPER3~TIVE AGREEMENT NO. ATC03000218 $100,000 4 $150,000 6 $200,000 8 $250,000 10 $300,000 12 $350,000 14 $400,000 16 Law Enforcement Agency Names that are in their first year of federal funding are excluded from the above requirement. However, it is suggested that the Paris Police Department designate an officer to complete team leader training. In the event funding becomes available for the following year, the Paris Police Department will be required to provide an officer(s) in accordance with paragraph 4 above. Agencies failing to fulfill this requirement during the Cooperative Agreement P~riod of Performance will be subject to a decrease in future funding. (4) It is the responsibility of the Paris Police Department to plan, initiate and oversee the completion of the G.R.E.A.T. Program; to prepare semi-annual 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. (5) It is the responsibility of the Paris Police Department to ensure that Officer's regular and overtime salaries shall not exceed 70% of the total amount obligated under this Agreement. It is also the responsibility of the Paris Police Department to ensure that any funds requested for regular or overtime salaries be in support of the G.R.E.A.T. Program and related activities and must be for certified G.R.E.A.T. officers. Any exceptions must be approved by the G.R.E.A.T. Branch in advance of overtime. (6) Expenditures for equipment, furniture or other capital assets shall not exceed 20% of the total amount obligated under this Agreement. Agency will be be reimbursed, but only if prior written approval for the purchase is obtained from the RPOC. "Equipment means an article of non-expendable, tangible personal property having a COOPEP~ATIVE AGREEMENT NO. ATC03000218 useful life of more than one year. "Other Capital Assets" means buildings, land, and improvement to buildings or land that materially increase their value or useful life. Expenditure requests must be submitted in writing to the RPOC. The request shall include the item(s) to be purchased, quantity, per item cost, extended cost, useful life and a justification as to why such an expenditure is required and how it benefit the G.R.E.A.T. Program. The request must also include any previous purchases of the same or similar item. Total costs for equipment, furniture or other capital assets shall not exceed 20% of the total amount obligated under this Agreement. Upon receiving written approval from the RPOC and once this equipment is purchased, the Paris Police Department must submit a list of this equipment and any applicable serial numbers to the RPOC for accountability purposes. (7) The Pads Police Department shall submit to the RPOC a semi-annual report witkin 45 days of the close of the second quarter. This report shall describe the programmatic and financial status of the project. The RPOC shall be advised of any significant programmatic or financial adjustments/modifications. A progress report format is provided in Attachment V. A final agreement report shall be submitted by the LOCAL GOVERNMENT within 90 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. Failure to submit the semi-annual progress report or the final agreement report may be interpreted as non-compliance with this Agreement and will affect future funding. B. RESPONSIBILITIES OF ATF FOR REIMBURSEMENT (1)(a) ATF has obligated, to Pads Police Department, $41,040.00 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, must be G.R.E.A.T. related and documented with a signature from an authorizing official for whom salary reimbursement is not being claimed. . Non G.R.E.A.T. certified officers time, regular and overtime who assist with the summer component and/or graduation activities. ,Supervisor's time, regular and overtime who is responsible for day-to-day 5 COOPEP~ATIVE AGREEMENT NO. ATC03000218 operation of the G.R.E.A.T. Program. · Clerical personnel's time, regular and overtime that is in direct relation to the G.R.E.A.T. Program. · Total of all salaries cannot exceed 70% of the total cooperative agreement award. * G.R.E.A.T. training expenses, such as instructional materials, workbooks, instructor fees, and guest speakers' fees; with prior approval from your RPOC. · ]Expenses incurred in connection with officers receiving G.R.E.A.T. officer training includes transportation, lodging and per diem in accordance with Federal Travel Regulation see www.gsa.gov. Officer's time (regular and overtime) will be paid during training. Overtime shall not exceed 10 hours per week during training. If your department receives over $50~000 in award you will receive a bill from the Federal Law Enforcement Training Center (FLETC) for costs incurred with orovidin~ this training. · Student Handbooks purchased from Sav-On Printing * Administrative expenses, directly supporting G.R.E.A.T. activities, such as general office supplies, office space leases, not to exceed the term of the Agreement. · Vehicles may be leased to provide full time G.R.E.A.T. officer's transportation to and from school with prior approval from your RPOC. Lease term cannot exceed $600.00 per month~ per vehicle and cannot exceed the term of the Agreement. · Cellular phones may be purchased for use by the immediate supervisor responsible for day-to-day operations of the G.R.E.A.T. Program. · Food may be purchased for graduation ceremonies for the summer program. · Pagers can be purchased for the G.R.E.A.T. certified officers. * Expenses for G.R.E.A.T. promotional materials such as pamphlets, bumper stickers, hats, T-shirts, buttons, pens and pencils from authorized vendors. 6 COOPER3~TIVE AGREEMENT NO. ATC03000218 Any items beating the G.R.E.A.T. name or logo must be purchased from one of the following authorized vendors: Best Expression Creative Impression 21606 N. 3rd Ave. 5305 E. 18th Street Phoenix, AZ 85027 Vancouver, WA 98661 800-654-0724 800-654-0724 www.bestexpression.com Treadway Graphics Sav-on Printing 1401 Cannon Circle 4520 N. 19th Ave. Fairbault, MN 55021 Phoenix, AZ 85015 800-653-7063 602-242-2308 1 (800) 330-6110 www.treadwaygraphics.com Industries for the Blind, Inc. Phoenix Police Museum 3220 West. Vilet Street 101 South Central Avenue Milwaukee, WI 53208 Suite 100 414-933-4319 Phoenix, AZ 85004 www.ifb.com (602) 534-7278 www.phoenixpolicemuseum.com · Any expenditure in excess of $1,000, excluding those made from the authorized G.R.E.A.T. vendors above, must be pre-approved, in writing, by your RPOC. In addition, any expenditures for guest speakers, training, (other than G.R.E.A.T. Officer Training), or ceremonies must be pre- approved in writing by the RPOC. · Any expenditure in excess of $5,000 made from the G.R.E.A.T. vendors above, must be pre- approved, in writing, by the RPOC. (c) Reimbursements will be made only when a completed SF-270, Request for Advance or Reimbursement form, attachment I, is provided by the Law Enforcement Agency Name in accordance with the terms of this Agreement. (2) It is the responsibility of the RPOC or designee to monitor the project status, to review and certify interim and final payment requests submitted by the Paris Police Department and; to ensure that the funding limitations in paragraphs 4.A.5, 4.A.6, 4.B.1.A and 4.B.1 .D have not been exceeded. 7 COOPERATIVE AGREEMENT NO. ATC03000218 C. THIRD/FOURTH GRADE SCHOOL-BASED EDUCATION PROGRAM In addition to the G.R.E.A.T. middle/junior high school componem, the Paris Police Department may elect to teach a third or fourth grade G.R.E.A.T. component. The Paris Police Department shall arrange with local area elementary schools, to schedule four one-period sessions to instruct third or fourth grade students 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 third or fourth grade students within the school system. Under the terms of this Agreement, ATF will not reimburse the Paris Police Department for any expenses incurred after the end of the period of performance. D. LIMITATIONS Other than the administrative costs expressly set out in paragraph B(1)(a), 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 $$ for reimbursement under this Agreement. Requests for reimbursement for work completed will be made by the Paris Police Department on a SF-270, (Request for Advance or Reimbursement,) see attachment I, to the RPOC for review and certification. Payments will only be issued to the Pads Police Department, 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 Paris Police Department accepts responsibility for all costs associated with the G.R.E.A.T. Program which exceed the level of funding ATF provides. B. Requests for Reimbursements shall be submitted by the Paris Police Department on a quarterly basis as follows: 8 COOPEP~ATIVE AGREEMENT NO. ATC03000218 (1) Original SF-270, Request for Advance or Reimbursement form, along with receipts/invoices supporting reimbursement request to the RPOC. Requests for travel reimbursements must include the TRAVEL REIMBURSEMENT SHEET (Attachment II), along with receipts/invoices supporting the travel. Receipts for meals should not be included. The RPOC's address is as follows: Bureau of Alcohol, Tobacco, Firearms and Explosives ATTN: Coop Reimbursement Section P.O. Box 50418 Washington, DC 20091-0418 ,The Paris Police Department will provide ATF with whatever payment information is necessary to transfer funds through (electronic payment information, bank account numbers, etc.) to the Paris Police Department. 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 Paris Police Department 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 Paris Police Department 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. COOPEP. ATIVE AGREEMENT NO. ATC03000218 (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 as access to the Federal Reserve Communications System). (f) If the receiving 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 transfer messages. (2) Any changes to funding and payment information shall be furnished to ATF at the address in paragraph 15.B, 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 agrecnnent recipient's hame. D. The Paris Police Department 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 Paris Police Department. 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 Paris Police DepartmentE and the CAO or designee. E. The Paris Police Department certifies that no request for payment will be submitted for work, materials or services which have been previously funded by any other source. 3_O COOPERATIVE AGREEMENT NO. ATC03000218 F. The Paris Police Department 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 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. 6. INSPECTION/ACCEPTANCE Inspection and acceptance of all supplies and services under this agreement shall be accomplished by ATF's RPOC 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 any one 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 Paris Police Department 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 Paris Police Department from proceeding with the Agreement as changed. C. Notwithstanding the terms and conditions of paragraphs A and B above, the estimated cost of this 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 Paris Police Department is not authorized to incur costs beyond those specified under Section 5.A of this Agreement. 11 COOPEP~ATIVE AGREEMENT NO. ATC03000218 8. ASSURANCES This Agreement provides for Federal participation in an education and public awareness program to warn youth about the dangers of gangs. A Law Enforcement Agency 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 Paris Police Department 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 Govermnents, A-102-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Law Enforcement Agency Names, and A-133- Audits of State and Law Enforcement Agency Names, as they relate to participation in the G.R.E.A.T. Program. In this Agreement, the term "Contractor" used in Attachment IV Clanscs and Provisions refers to the !'Paris Police Department." 9. PUBLICATIONS AND NEWS RELEASES A. Definition. For thc 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 arc considered O£ficial Products of Work, owned by thc Federal Government and held for the benefit of the public. Further, the Paris Police Department acknowledges that it will not acquire any rights in data or goodwill for any o£ the materials or products produced under this agreement. 12 COOPERATIVE AGREEMENT NO. ATC03000218 D. Independent and Special Products During the term of this Agreement, works authored, composed, or developed by the Paris Police Department 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 dev,eloped to enhance the 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 there from, paraphrasing, or disclosures of interim findings may not be published without the written approval of the RPOC for a period of 60 days after acceptance of the product by the RPOC. Thereafter, the Paris Police Department 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 Paris Police Department 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, Firearms and Explosives. The substance and findings 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, Firearms and Explosives, which maintains its rights in this publication as set forth in 41 C.F.R.. 105 -71.134. The author and publisher are solely responsible for the 13 COOPERATIVE AGREEMENT NO. ATC03000218 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 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 Paris Police Department or its staff, or any subcontractor or other person or organization participating in the work of this Agreement shall be provided to the RPOC 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 (E) 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 ora 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 collection 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, ali disputes arising under or relating to this Agreement shall be resolved under this clause. C. "Claim," as used in tkis clause, means a written demand or written a~sertion by one of the agreement parties seeking, as matter ofr/ght, the payment of money in a sum certain, the adjustment or interpretation of the 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 14 clause that provides for the relief sought by the claimant. However, a written demand or written assm'tion by the Pads Police Department seeking the payment of 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 Pads Police Department shall be made in wTifing and, unless otherwise stated in this Agreement, submitted within 3 years after accrual of the claim to the CAO for a written decision. A claim by the Government against the Paris Police Department shall be subject to a written decision by the CAO. (2). The Paris Police Department 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 Paris Police Department believes the Govermment is liable; and that I am duly authorized to certify the claim on behalf of the Paris Police Department." (5). The certification may be executed by any person duly authorized to bind the Paris Police Deparmaent with respect to the claim. E. For Paris Police Department claims of $100,000 or less, the CAO must, if requested in writing by the Pads Police Department, render a decision within 60 days of the request. For Paris Police Departa~ent- certified claims over $100,000 the CAO must, within 60 days, decide the claim or notify the Paris Police Department of the date by which the decision will be made. ~_5 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 Paris Police Department is submitted to the CAO or a claim by the Government is presented to the Paris Police Department, the parties, by mutual consent, may agree to use ADR. If the Paris Police Department refuses an offer for alternative disputes resolution, the LOCAL GOVERNMENT shall inform the CAO, in writing, of the Paris Police Deparlment'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 pendancy of the claim. I. The Pads Police Department 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 written order to hold or Stop Work on the G.R.E.A.T. Program funded 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 Pads Police Department 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 Paris Police Department 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 Paris Police Department 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. (c) Terminate all applicable subcontracts and cancel or divert applicable commitments covering 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 Paris Police Department and in which the Government has or may acquire an interest. (e) Within 60 days after the date of termination, the Pads Police Department shall submit a final report along with a final SF-270, Request for Advance or Reimbursement (ATTACHMENT I), to the RPOC B. This Agreement may be terminated in-full or in-part by the Paris Police Department 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 Pads Police Department shall submit to the RPOC a semi- annual report within 45 days of the close of the six-month period. This report shall describe the programmatic and financial status of the project. The RPOC shall be advised of any significant programmatic or financial adjustments/modifications. A progress report format is provided in Attachment V. B. A final agreement report shall be submitted by the LOCAL GOVERNMENT within 90 17 days after the completion of the project. This f'mal report will contain the date of completion, final costs, and a statement that the Agreement is completed. C. Failure to submit semi-annual progress report 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 or Deputy Chief, Acquisition and Property Management Division, located at 650 Massachusetts Avenue, NW, Room 3290, Washington, DC 20226, phone number (202) 927-8820. B. The Cooperative Agreement Administrator (CAA) is Sharon Illig, located at 650 Massachusetts Avenue, NW, Room 3290, Washington, DC 20226, phone number (202) 927-5702. C. The Regional Point of Contacts (RPOC) are Juanita Wright; Ckr/stine Keyser; Kimberly Guay and Brian Bates located at P.O. Box 50418, Washington, DC 20091-0418, phone number (202) 927-2160. 16. LIMITATION OF TECHNICAL DIRECTION FROM THE RPOC A. Performance of work under this Agreement shall be subject to the technical direction of the RPOC 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 Pads Police Department 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 RPOC 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 ~_8 (5) Interferes with the Paris Police Department's right to perform under the terms and conditions of the Agreement. C. Technical directions may be oral or in writing, by RPOC 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 Paris Police Department shall proceed promptly with the performance resulting from technical directions issued by the RPOC, or his designee. If in the opinion of the Paris Police Department, any instruction or direction of the RPOC, or his designee, falls within the purview defined in paragraph b.1. through 5. above, the Paris Police Department shall immediately notify the CAO no later than the beginning of the next Government workday. E. Failure of the Paris Police Department 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 Paris Police Department affects any modifications at the direction of any person other than the CAO, 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 VENDORfMISCELLANEOUS PAYMENT ENROLLMENT FORM), IV (Additional Clauses and Provisions) and V (SEMI- ANNUAL 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-3881 ACH Vendor/Miscellaneous Payment Enrollment Form (ATTACHMENT m); * SF-424A Budget Information - Non-Construction Programs (with instructions); * SF-424B Assurances - Non-Construction Programs; The following reimbursement forms, provided, must be completed and submitted with the ACH request for reimbursement: * SF-270 Request for Advance or Reimbursement (ATTACHMENT I) (make copies as needed) * Travel Reimbursement Sheet (ATTACHMENT lI)(make copies as needed) Also complete and submit semi-annually, the form provided as attachment V - SEMI- ANNUAL PROGRESS REPORT (make copies as needed). 7/14/03 LAW ENFORCEMENT AGENCY NAME'S SIGNATURE Date 1it. chael E. Nalone, City PRINTED NAME AND TITLE ATF COOPERATIVE AGREEMENT OFFICER'S SIGNATURE Date 20 ATTACHMENT IV Additional Clauses and Provisions a. The Paris Police Department possesses legal authority to apply for the cooperative agreement, that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required (SF-424 attached). b. The Paris Police Department will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to execute this agreement. c. The Paris Police Department will comply with the provisions of the Hatch Act, which limits the political activity of employees. d. The Paris Police Department will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those that have family, businesses or other ties. e. The Paris Police Department will give the ATF or the Comptroller General through any authorized representative access to and the right to examine all records, books, phpers, or documents related to the cooperative agreement. f. The Paris Police Department will comply with 28 C.F.R., Part 66, Administrative Requirement for Grants and Cooperative agreements to state and Law Enforcement Agency Names concerning requirements of law, program requirements, and other administrative requirements. The regulations were published in Federal Register of March 11, 1988 (pages 8034-8069). 21 g. The Paris Police Department will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of G.R.E.A.T. are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify ATF of the receipt of any communication fi:om the Director of the EPA Office of Federal Activities indicating that a facility to be used in the Program is under consideration for listing by the EPA. h. The Paris Police Department will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to law enforcement employees of State and Law Enforcement Agency Names. i. Cooperation by a Cooperative Agreement Recipient As a Cooperative Agreement recipient you are expected to fully cooperate with G.R.E.A.T. Policy 108 "Administrative Disciplinary Policy and Procedures" copy attached. Failure to do so may result in the loss of funding. j. LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (DEVIATION - DEPARTMENT OF THE TREASURY~ NOV 1990) (JUN 1997) (a) Definitions. "Agency," as used in fids clause, m~ans executive agency as defined in 2.101. © The making of any Federal Joan. States, an agency or imtn~mentality of a State, and multi-State, regional, or interstate entity hahng goveramental duties and powers. (b) Prolnbifiom. 22 (B) For purposes of subdivision Co)(3)(1)(A) of this clause, providing any information specifically requested by an agency or Congress is pemaiRed at any time. (E) Only those ser~ees expressly authorized by subdivision (b)(3)(I)(A) of thls clause are permitted under this clause. (iii) A change in the officer(s), employee(s), or Members(s) contacted to influence or aOempt to influence a covered Federal ac~on. (3) The Contractor shall requ.~re ~he submittal ora certification, and if required, a disclosu~ form by any person who request~ or receives any subcon~act 23 (e) Penalties. j. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS--PRIMARY COVERED TRANSACTIONS (MAR 24 k. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS assistance prog~an'~; and through implementation of paragraplm (a), (b), (c), (d), (e) and (f). 1. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The tmdersig~ed certifies, to the best of his or her knowledge and beIie~ that: (1) No Federal app~pr~ated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influenethg or aden~fing to influence an awarding of any Federal contract, the making of any Federal loa~ the enle~mg/nto any cooperative agreemera, and the extension, continuation, renewal, ~nendroen~ or modification of aay Federal con~a¢h grant, loan, or ceoperafive agreement (2) If a~y f~mds other than Federal approp~ated funds have been paid or w~ be paid to any person for i~fluencing or attempting to i~luence an officer or employee of any agency, a Member of Congress, ~m officer of employee of Congress, or ~n employee ora Member of Congress in connection w~th tiffs Federal contract, grant, loa~, or cooperative agreement, the undersign sba~ complete and submit Sta~adsrd Form-LLL, "Disclosure Form to P~eport Lobbying," th accordance with it~ ATTACHMENT TRAVEL REIMBURSEMENT SHEET This form must be completed and submitted along with the SF-270, Request for Advance or Reimbursement for travel reimbursements. Travel expenses will be reimbursed in accordance with current Federal Government Travel Regulations. TRAVEL TRANSPORTATION MODE LODGING PER DATE(s) EXPENSE TRANSPORTATION EXPENSE DIEM $ $ $ $ $ $ $ $ $ $ $ $ $ $ OTHER TRAVEL EXPENSES: WHAT AMOUNT TOTAL TRAVEL REIMBURSEMENT REQUESTED: $ Reason for travel: SUBMITTED BY: LOCAL Government's signature APPROVED: RPOC's signature 27 ATTACHMENT V SEMI-ANNUAL COOPERATIVE AGREEMENT PROGRESS REPORT INSTRUCTIONS: It is the responsibility of the LOCAL GOVERNMENT to prepare a progress report semi-annually for the G.R.E.A.T. program, which has been authorized in the agreement. The LOCAL GOVERNMENT should copy additional copies of the report for future quarterly submission. If additional space is needed, this report can be continued on plain white bond paper. The complete report should be forwarded to: Bureau of Alcohol, Tobacco, Firearms and Explosives ATTN: Your RPOC P.O. Box 50418 Washington, DC 20091-0148 If you have any questions or need additional guidance, please contact your RPOC on 202-927-2160. I. Local Government Name: 2. Cooperative Agreement No.: 3. Program: G.R.E.A.T. Program 4. Quarterly Start Date: 5. Quarterly Completion Date: 6. Funding Status: Funds Approved Funds Obligated to Date Balance Remaining $ $ $ 7. Progress to Date: # of students attending Phase I: # of students attending Phase II: # of students attending Phase III: # of students graduated this quarter: 8. Describe G.R.E.A.T. activities taking place this quarter: to include number of officers 28 teaching, grade levels, conferences attended, summer program, events, etc. 9. Problems Noted (need for modifications, delays anticipated, etc.) State NONE if applicable. PREPARED BY: Name of LOCAL GOVERNMENT Official and Title SIGNATURE: DATE: REVIEWED BY: DATE: RPOC