Loading...
98-221 Resolution No. 98-221 RESOLUTION AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT WITH THE U.S. DEPARTMENT OF TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute a Cooperative Agreement on behalf of the City of Elgin with the U.S. Department of Treasury, Bureau of Alcohol, Tobacco and Firearms for a grant for Gang Resistance Education and Training, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: September 9, 1998 Adopted: Sepetember 9, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk �'�1 pF E( Ceti ' City of Elgin Agenda Item No. August 20, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Intergovernmental Agreement/$5, 000 Grant for Gang Resistance Education and Training (GREAT) PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an Intergovernmental Cooperative Agreement with the U. S. Depart- ment of Treasury, Bureau of Alcohol, Tobacco and Firearms (BATF) for a $5, 000 grant for Gang Resistance Education and Training (GREAT) . BACKGROUND i'` To address gang problems, the Elgin Police Department has included programs from BATF through GREAT. Since 1993, this program has provided education that includes gang membership prevention, self esteem building, conflict resolution, and drug resistance . This training is currently provided by School Liaison Officers to seventh graders in the middle schools . The $5, 000 grant was requested by Resident Officers to also provide this education to the elementary schools in their neighborhoods, which would be Channing, Washington, Gifford, and McKinley. Although the GREAT program is similar to the DARE Program, the GREAT program is directed more toward street gang violence and is taught at the 4-6th grade levels so the student receives this training prior to reaching middle school . GROUPS/INTERESTED PERSONS CONTACTED None . 1� FINANCIAL IMPACT Vr None. The existing police staff and the Community Action Group N will be utilized for the $5, 000 reimbursable grant program. Currently, there are two School Liaison Officers trained. The grant will allow for four additional Resident Officers to be eilik trained and assume responsibility to teach GREAT as part of their regular duties . Grant for GREAT August 20 , 1998 Page 2 eok LEGAL IMPACT \J\ /None . The City of Elgin may terminate this agreement in full or in part at any time prior to the completion of the project with at least 60 days advance notice . ALTERNATIVES The grant could be refused, and the cost of the training would be expended from the current budget or no additional officers will be trained in order to expand this program. RECOMMENDATION The recommendation is to authorize execution of the Intergovernmental Cooperative Agreement with the Department of Treasury, Bureau of Alcohol, Tobacco and Firearms . Re •ectfully submitted, •;i &< & Jo re A. Parker City Manager JL/mf r i(f0 DEPARTMENT OF THE TREASURY o�. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS WASHINGTON, DC 20226 COOPERATIVE AGREEMENT NO. 98429274 BETWEEN ELGIN, ILLINOIS 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 Elgin Police Department, Elgin, Illinois (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 Elgin, Illinois . 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 May 30, 1999 . 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 . 3 . OPTIONAL PERIODS OF PERFORMANCE A. The government reserves the right to extend the term of the agreement for additional years as shown below. However, the entitlement in future years may be subject to, and or limited by, a reapplication process by the LOCAL GOVERNMENT. Option Year 1 : June 1, 1999 through May 30, 2000 COOPERATIVE AGREEMENT NO. 98429274 Option Year 2 : June 1, 2000 through May 30, 2001 Option Year 3 : June 1, 2001 through May 30, 2002 Option Year 4 : June 1, 2002 through May 30, 2003 4. SCOPE OF WORK In the Treasury, Postal Service and General Government Appropriation Bill for the Fiscal Year ending September 30, 1998, 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. 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 School-Based Education Phase II Summer Education/Recreation Phase III Parent Involvement 5. 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 ELGIN, ILLINOIS Elgin, Illinois, through the Elgin Police Department, will participate in the G.R.E.A.T. Program as specified below: (1) The LOCAL GOVERNMENT shall arrange with local area middle/junior high schools, to schedule 9 one-period classes to instruct a minimum of 1, 227 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 cooperative agreement as specified in paragraph 2 of this agreement . The lessons will be s a COOPERATIVE AGREEMENT NO. 98429274 taught to middle/junior high school students within the Elgin school system. Under the terms of this cooperative agreement, ATF will not reimburse the LOCAL GOVERNMENT for any expenses incurred after the end of the period of performance. (2) ATF is mandated by Congress to evaluate the G.R.E.A.T. Program. A process and outcome analysis evaluation will be conducted during every Fiscal Year (including option years) . 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 by 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 as stated in paragraph 1 above, 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. (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 t A COOPERATIVE AGREEMENT NO. 98429274 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 Officer's regular and overtime salaries shall not exceed 70% of the total amount obligated under this agreement. B. RESPONSIBILITIES OF ATF FOR REIMBURSEMENT (1) (a) ATF has obligated, to Elgin, Illinois, $5, 000 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; * 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; * Printed materials such as student handbooks, culmination certificates, awards; * Vehicle expense at Federal Government per diem rates and/or the rental of vehicles required for the G.R.E.A.T. Program; * Administrative expenses such as overhead, general office supplies and office space leases 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 . r � COOPERATIVE AGREEMENT NO. 98429274 (b) Funds obligated to the LOCAL GOVERNMENT under this agreement may also be used for Phases II and III of the G.R.E.A.T. Program, at the discretion of the LOCAL GOVERNMENT. The extent of completion for these phases will be determined by the LOCAL GOVERNMENT. (c) Reimbursements will be made only when a completed SF-270, Request for Advance or Reimbursement form, is provided by the Local Government in accordance with the terms of this agreement . (d) Capital expenditures such as computers, office equipment, and electronic and video equipment may be reimbursed but only after prior approval for the purchase is obtained from the Government Technical Representative (GTR) . Request 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. The capital expenditures shall not exceed 20% of 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. (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 paragraphs 4 .A.4, 4 .B. 1.A and 4 .B. 1.D have not been exceeded. t X COOPERATIVE AGREEMENT NO. 98429274 C. PHASES II and III OF G.R.E.A.T. Implementation of Phases II and III must support Phase I of this agreement and be in accordance with the following guidelines: (1) 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) 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. D. THIRD/FOURTH GRADE SCHOOL-BASED EDUCATION PROGRAM In addition to the G.R.E.A.T. middle/junior high school 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 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 cooperative agreement as specified in paragraph 2 of this agreement. The lessons will be taught to third and fourth grade students within the Elgin school system. Under the terms of this cooperative agreement, ATF will z » COOPERATIVE AGREEMENT NO. 98429274 not reimburse the LOCAL GOVERNMENT for any expenses incurred after the end of the period of performance. • 6. FUNDING, PAYMENT AND SUBMISSION OF INVOICES A. ATF will obligate $5, 000 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, 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 Federal 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 Federal funding provided by ATF. B. The LOCAL GOVERNMENT shall submit an original and two copies of all reimbursement forms. Reimbursements shall be submitted on a quarterly basis as follows: (1) Original and one copy of the SF-270, Request for Advance or Reimbursement form, to Financial Management Division (FMD) . FMD' s address is as follows: Bureau of Alcohol, Tobacco and Firearms Financial Management Division P.O. Box 51071 Washington, DC 20091-1071 (2) One copy of the 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: Thomas Schneider P.O. Box 50418 Washington, DC 20091-0418 COOPERATIVE AGREEMENT NO. 98429274 A final cooperative 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 that the cooperative agreement is completed. 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 by direct deposit through the ATF' s Electronic Certification System (Exception: Department of the Treasury check(s) will be issued ONLY when the LOCAL GOVERNMENT certifies 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 cooperative agreement LOCAL GOVERNMENT shall forward a completed SF-3881, ACH Vendor/Miscellaneous Payment Enrollment Form (attached) 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. COOPERATIVE AGREEMENT NO. 98429274 (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 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 6 .B. 1, in writing at least 30 days before the effective date of the change. It is the cooperative agreement recipient ' s responsibility to furnish these changes promptly to avoid payments to erroneous addresses or bank accounts. (3) All documents furnishing payee information from the cooperative agreement recipient must be dated and contain the signature, title, and telephone number of the cooperative agreement recipient official authorized to provide it, as well as the cooperative 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, 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 cooperative 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 COOPERATIVE AGREEMENT NO. 98429274 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 from Federal funds or any other source. F. The LOCAL GOVERNMENT will maintain such books, records, documents and other evidence 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. G. The LOCAL GOVERNMENT agrees to comply with the audit requirements of OMB Circular A-133 , entitled "Single Audits of State and Local Governments" . The LOCAL GOVERNMENT agrees to annually submit, an original and one copy of the required audit report to the designated cognizant agency as listed below within 60 ' days of the close of the City' s Fiscal Year: U.S. Department of Justice Regional Audit Office 525 Market Street Room 3522 San Francisco, CA 94105 An additional copy of the annual single audit report must be sent to CAA at the address specified in paragraph 16 of this agreement . COOPERATIVE AGREEMENT NO. 98429274 7. 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. 8. MODIFICATIONS A request for a modifications, deletion or addition to this agreement may be made by the LOCAL GOVERNMENT by submitting a formal written request to the CAA or his designee. All changes to this agreement must be in writing and signed by the LOCAL GOVERNMENT and the CAO. ATF reserves the right to make unilateral modifications, deletions or additions to the agreement at any time. Modifications that change any part of the agreement must be made by mutual agreement of both parties. Where modifications are mandated by law or other requirements over which ATF has no discretion or control, the LOCAL GOVERNMENT agrees to accept the necessary modifications whenever possible. If however, the LOCAL GOVERNMENT cannot accept the changes, this agreement will be terminated. Failure to agree to such modifications is not a dispute within the meaning of the Disputes clause of this agreement . 9. ASSURANCES This cooperative 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 LOCAL GOVERNMENT assures and certifies that it will comply with the regulations in Attachment I of this agreement, as well as other listed regulations, policies, guidelines, and requirements COOPERATIVE AGREEMENT NO. 98429274 including OMB Circular A-87-Cost Principles for State, Local and Indian Tribal Governments, A-102-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 I Clauses and Provisions refers to the "LOCAL GOVERNMENT. " 10. 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 COOPERATIVE AGREEMENT NO. 98429274 limited to brochures, curriculum, student handbooks, instructor manuals, newsletters, pamphlets, and other products developed 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 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 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 Specials 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 COOPERATIVE AGREEMENT NO. 98429274 rights in this publication as set forth in 41 C.F.R. §105-71. 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 Two copies of all press releases, formal announcements, and other planned, written issuance ' s containing news or information concerning this cooperative 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 cooperative 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 (D) and (F) above. 11. 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 collection procedures. 12 . DISPUTES All questions of interpretation of any or all parts of this agreement shall be first addressed and resolved by negotiation between the representative (s) of the LOCAL COOPERATIVE AGREEMENT NO. 98429274 GOVERNMENT and the CAA and GTR. Any disputes not resolved will be referred to the CAO and Chief Executive Officer of the LOCAL GOVERNMENT. • The CAO will be the final authority in all disputes concerning this agreement, unless otherwise disposed of in a court of law. 13 . BREACH OF AGREEMENT A. In the event full services are not provided by the 'LOCAL GOVERNMENT, unless as a result of fire, riot, act of God or other emergency recognized by the CAO, the LOCAL GOVERNMENT may be required to return or otherwise compensate the Federal Government for all property acquired as capital expenditures under this agreement. See Attachment 1, paragraph f. B. The provisions of paragraph 14 .A. above will be exercised after violations of the provisions of this agreement or law have been established and negotiations between ATF and the LOCAL GOVERNMENT have not resulted in a mutually acceptable resolution. A written notice of Breach of Agreement must be issued by the CAO to the LOCAL GOVERNMENT. 14. 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 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 LOCAL GOVERNMENT is responsible for any costs incurred after the issuance of a Stop Work Order COOPERATIVE AGREEMENT NO. 98429274 unless such work, material, equipment or services were purchased prior to the issuance of the Stop Work Order and delivery cannot be cancelled. 15. TERMINATION A. This agreement may be terminated in full or in part by the LOCAL GOVERNMENT at anytime prior to the completion of project listed in the agreement. All termination notices shall be made in writing by the LOCAL GOVERNMENT to the CAO. B. This agreement may be terminated by ATF at anytime prior to the completion of the project listed in the agreement. All termination notices shall be made in writing, at least 60 days prior to the effective date, by the CAO to the LOCAL GOVERNMENT. 16. 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 III . B. A final cooperative 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 cooperative agreement is completed. C. Failure to submit quarterly progress reports or the final cooperative agreement report may be interpreted as non-compliance with this agreement . 17. GOVERNMENT REPRESENTATIVES A. The Cooperative Agreement Officer (CAO) is the Chief, Acquisition and Property Management Division, located at 650 Massachusetts Avenue, NW, Room 3290, Washington, DC 20226, . COOPERATIVE AGREEMENT NO. 98429274 phone number (202) 927-8820 . B. The Cooperative Agreement Administrator (CAA) is 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 Thomas Schneider, located at P.O. Box 50418, Washington, DC 20091-0418, phone number 1-800-726-7070 18. 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 16 .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 8 "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 COOPERATIVE AGREEMENT NO. 98429274 (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 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 12 . 19. 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 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. 20. Attachments I (Additional Clauses and Provisions) , II (Travel Reimbursement Sheet) and III (Quarterly Cooperative Agreement Progress Report) are hereby incorporated to form an integral part of this Cooperative COOPERATIVE AGREEMENT NO. 98429274 Agreement . 21. FORMS • The following standard forms, which are provided, must be completed and submitted with the agreement : * SF-LLL Disclosure of Lobbying Activities; * SF-3881 ACH Vendor/Miscellaneous Payment Enrollment Form; * SF-424 Application for Federal Assistance; * 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 each request for reimbursement : * SF-270 Request for Advance or Reimbursement (make copies as needed) * Attachment II Travel Reimbursement Sheet (make copies as needed) Also complete and submit quarterly, the form provided as attachment III - Progress Report (make copies as needed) . COOPERATIVE AGREEMENT NO. 98429274 ATTACHMENT I a. It 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. It 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. It will comply with the provisions of the Hatch Act, which limits the political activity of employees. d. It 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. It will give the ATF or the Comptroller General through any authorized representative access to and the right to examine all records, books, papers, or documents related to the cooperative agreement. f. It will comply with 28 C.F.R. , Part 66, Administrative Requirement for Grants and Cooperative agreements to state and local Governments concerning requirements of law, program requirements, and other administrative requirements . The regulations were published in Federal Register of March 11, 1988 (pages 8034-8069) . COOPERATIVE AGREEMENT NO. 98429274 g. It will comply with the audit provisions of OMB Circular A-128 (Single Audits of State and Local Governments) and copies of each annual audit report shall be submitted to the appropriate cognizant agency and the Department of Education Regional Audit Office. The reports are to cover the period from initial award of the cooperative agreement until all the work authorized in the agreement is completed and reimbursement from ATF received. h. It 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 from 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. I . It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to law enforcement and educational institution employees of state and local governments. j. LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (DEVIATION- DEPARTMENT OF THE TREASURY, NOV 1990) (JUN 1997) (a) Definitions. organization,and any other instrumentality of a local government. "Agency,"as used in this clause,means executive agency as defined in "Officer or employee of an agency,"as used in this clause,includes the 2.101. following individuals who are employed by an agency: "Covered Federal action,"as used in this clause,means any of the (a) An individual who is appointed to a position in the following Federal actions: Government under title S,United States Code,including a position under a (a) The awarding of any Federal contract. temporary appointment. (b) The making of any Federal grant. (b) A member of the uniformed services,as defined in ° The making of any Federal loan. subsection 101(3),title 37,United States Code. (d) The entering into of any cooperative ° A special Government employee,as defined in section 202, agreement. title 18,United States Code. (e) The extension,continuation,renewal, (d) An individual who is a member of a Federal advisory amendment,or modification of any Federal committee,as defined by the Federal Advisory Committee Act,title 5, contract,grant,loan,or cooperative agreement. United States Code,appendix 2. "Indian tribe"and"tribal organization,"as used in this clause,have the "Person,"as used in this clause,means an individual corporation, meaning provided in section 4 of the Indian Self-Determination and company,association,authority,firm,partner-ship,society,State,and Education Assistance Act(25 U.S.C.4508)and include Alaskan Natives. local government,regardless of whether such entity is operated for profit, "Influencing or attempting to influence,"as used in this clause,means or not for profit. This term excludes an Indian tribe,tribal organization, making,with the intent to influence,any communication to or appearance or any other Indian organization with respect to expenditures specifically before an officer or employee of any agency,a Member of Congress,an permitted by other Federal law. officer or employee of Congress,or an employee of a Member of "Reasonable compensation,"as used in this clause means,with respect to a Congress in connection with any covered Federal action. regularly employed officer or employee of any person,compensation that "Local government,"as used in this clause,means a unit of government in is consistent with normal compensation for such officer or employee for a State and,if chartered,established,or otherwise recognized by a State work that is not furnished to,not funded by,or not furnished in for the performance of a cooperation with the Federal Government. governmental duty,including a local public authority,a special district,an "Reasonable payment,"as used in this clause,means,with respect to intrastate district,a council of governments,a sponsor group representative professional and other technical services,a payment in an amount that is COOPERATIVE AGREEMENT NO. 98429274 consistent with amount normally paid for such services in the private Federal action— sector. (I) Providing any information not specifically requested but "Recipient,'as used in this clause,includes the Contractor and all necessary for an agency to make an informed decision about initiation of subcontractors. This tern excludes an Indian tribe,tribal organization,or covered Federal action; any other Indian organization with respect to expenditures specifically (2) Technical discussions regarding the preparation of an permitted by other Federal law. unsolicited proposal prior to its official submission;and "Regularly employed,"as used in this clause,means,with respect to an (3) Capability presentations by persons seeking awards from officer or employee of a person requesting or receiving a Federal contract, an agency pursuant to the provisions of the Small Business Act,as an officer or employee who is employed by such person for at least 130 amended by Pub.L.95-507,and subsequent amendments. working days within 1 year immediately preceding the date of the (E) Only those services expressly authorized by subdivision submission that initiates agency consideration of such person for receipt of (bX3XIXA)of this clause are permitted under this clause. such contract. An officer or employee who is employed by such person (ii)Professional and technical services. for less than 130 working days within 1 year immediately preceding the (A)The prohibition on the use of appropriated funds,in date of the submission that initiates agency consideration of such person subparagraph(bXl)of this clause,does not apply in the case of— shall be considered to be regularly employed as soon as he or she is (1)A payment of reasonable paym compensation made to an officer employed by such person for 130 working days. or employee of a person requesting or receiving a covered Federal action "State,"as used in this clause,means a State of the United States,the or an extension,continuation,renewal,amendment,or modification of a District of Columbia,the Commonwealth of Puerto Rico,a territory or covered Federal action,if payment is for professional or technical services possession of the United States,an agency or instrumentality of a State, rendered directly in the preparation,submission,or negotiation of any bid, and multi-State,regional,or interstate entity having governmental duties proposal,or application for that Federal action or for meeting requirements and pow powers. imposed by or pursuant to law as a condition for receiving that Federal (b) action. (1) Section 1352 of title 31,United States Code,among other things, (2)Any reasonable payment to a person,other than an officer prohibits a recipient of a Federal contract,grant,loan,or cooperative or employee of a person requesting or receiving a covered Federal action agreement from using appropriated funds to pay any person for influencing or an extension,continuation,renewal,amendment,or modification of a or attempting to influence an officer or employee of any agency,a Member covered Federal action if the payment is for professional or technical of Congress,an officer or employee of Congress,or an employee of a services rendered Member of Congress in connection with any of the following covered directly in the preparation,submission,or negotiation of any bid,proposal, Federal actions: the awarding of any Federal contract;the making of any or application for that Federal action or for meeting requirements imposed Federal grant;the making of any Federal loan;the entering into of any by or pursuant to law as a condition for receiving that Federal action. cooperative agreement;or the modification of any Federal contract,grant, Persons other than officers or employees of a person requesting or loan,or cooperative agreement. receiving a covered Federal action include consultants and trade (2) The Act also requires Contractors to furnish a disclosure if any funds associations. other than Federal appropriated funds(including profit or fee received (B)For purposes of subdivision(bX3XiiXA)of this clause, order a covered Federal transaction)have been paid,or will be paid,to "professional and technical services"shalt be limited to advice and analysis any person for influencing or attempting to influence an officer or directly applying any professional or technical discipline. The following employee of any agency,a Member of Congress,an officer or employee of examples are not intended to be all inclusive,to limit the application of the Congress,or an employee of a Member of Congress in connection a professional or technical exemption provided in the law,or to limit the Federal contract,grant,loan,or cooperative agreement. exemption to licensed professionals. For example,drafting of a legal (3) The prohibitions of the Act do not apply under the following document accompanying a bid or proposal by a lawyer is allowable. conditions: Similarly,technical advice provided by an engineer on the performance or • (I) Agency and legislative liaison by own employees. operational capability of a piece of equipment rendered directly in the (A)The prohibition on the use of appropriated funds,in negotiation of a contract is allowable. However,communications with the subparagraph(bXl)of this clause,does not apply in the case of a payment intent to influence made by a professional(such as a licensed lawyer)or a of reasonable compensation made to an officer or employee of a person technical person(such as a licensed accountant)are not allowable under requesting or receiving a covered Federal action if the payment is for this section unless they provide advice and analysis directly applying their agency and legislative liaison activities not directly related to a covered professional or technical expertise and unless the advice or analysis is Federal action• rendered directly the y and solely'in preparation,submission or negotiation (B) For purposes of subdivision(bX3XI)(A)of this clause, of a covered Federal action. Thus,for example,communications with the providing any information specifically requested by an agency or Congress intent to influence made by a lawyer that do not provide legal advice or is permitted at any time• analysis directly and solely related to the legal aspects of his or her client's ° The following agency and legislative liaison activities are proposal,but generally advocate one proposal over another are not permitted at any time where they are not related to a specific solicitation allowable under this section because the lawyer is not providing for any covered Federal action: professional legal services. Similarly,communications with the intent to (1) Discussing with an agency the qualities and characteristics influence made by an engineer providing an engineering analysis prior to (including individual demonstrations)of the person's products or services, the preparation or submission of a bid or proposal are not allowable under conditions or terms of sale,and service capabilities. this section since the engineer is providing technical services but not (2) Technical discussions and other activities regarding the directly in the preparation,submission or negotiation of a covered Federal application or adaptation of the person's products or services for an action. agency's use. °Requirements imposed by or pursuant to law as a condition (D) The following agency and legislative liaison activities are for receiving a covered Federal award include those required by law or permitted where they are prior to formal solicitation of any covered regulation and any other requirements in the actual award documents. COOPERATIVE AGREEMENT NO. 98429274 (D)Only those services expressly authorized by subdivisions (b)(3XiiXA)(1)and(2)of this clause are permitted under this clause. (t) Cost allowability. Nothing in this clause makes allowable or (E)The reporting requirements of FAR 3.803(a)shall not reasonable any costs which would otherwise be unallowable or apply with respect to payments of reasonable compensation made to. unreasonable. Conversely,costs made specifically unallowable by the regularly employed officers or employees of a person. requirements in this clause will not be made allowable under any other (iii)Selling activities by independent sales provision. representatives. The prohibition on the use of appropriated funds,in subparagraph(b)(l)of this clause,does not apply to the following selling activities before an agency by independent sales representatives,provided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter: (A)Discussing with an agency(including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale,and service capabilities;a (B)Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. ° Disclosure. (1)The Contractor who requests or receives from an agency a Federal contract shall file with that agency a disclosure form,OMB standard form LLL,Disclosure of Lobbying Activities,if such person has made or has agreed to make any payment using nonappropriate+d funds(to include profits from any covered Federal action),which would be prohibited under subparagraph(b)(1)of this clause,if paid for with appropriated funds. (2)The Contractor shall file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph(cx1)of this clause. An event that materially affects the accuracy of the information reported includes— (1)A cumulative increase of 525,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action;or (ii)A change in the person(s)or individual(s)influencing or attempting to influence a covered Federal or action;or (iii)A change in the officer(s),employee(s),or Members(s) contacted to influence or attempt to influence a covered Federal action. (3)The Contractor shall require the submittal of a certification,and if required,a disclosure form by any person who requests or receives any subcontract exceeding$100,000 under the Federal contract. (4)All subcontractor disclosure forms(but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor. (d) agreement.The Contractor agrees not to make any payment prohibited by this clause. (e) Penalties. (1)Any person who makes an expenditure prohibited under paragraph(a)of this clause or who fails to file or amend the disclosure form to be filed or amended by paragraph(b)of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable. (2)Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form. COOPERATIVE AGREEMENT NO. 98429274 k. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS--PRIMARY COVERED TRANSACTIONS (MAR 1996) Instructions for Certification 1. By signing and submitting this proposal,the prospective primary 6. The prospective primary participant agrees by submitting this proposal participant is providing the certification set out below. that,should the proposed covered transaction be entered into,it shall not 2. The inability of a person to provide the certification required below will knowingly enter into any lower tier covered transaction with a person who not necessarily result in denial of participation in the covered transaction. is debarred,suspended,declared ineligible,or voluntarily excluded from The prospective participant shall submit an explanation of why it cannot participation in this covered transaction,unless authorized by the provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this detentnimtioa whether to enter into this transaction. However,failure of proposal that it will include the clause titled"Certification Regarding the prospective primary participant to furnish a certification or an Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier explanation shall disqualify such person from participation in this Covered Transaction,"provided by the department or agency into this transaction. covered transaction,without modification,in all lower tier covered 3. The certification in this clause is a material representation of fact upon transactions and in all solicitations for lower tier covered transactions. which reliance was placed when the department or agency determined to 8. A participant in a covered transaction may rely upon a certification of a enter into this transaction. If it is later determined that the prospective prospective participant in a lower tier covered transaction that it is not primary participant knowingly rendered an erroneous certification,in debarred,suspended,ineligible,or voluntarily excluded from the covered addition to other remedies available to the Federal Government,the transaction,unless it knows that the certification is erroneous. A department or agency may terminate this transaction for cause of default. participant may decide the method and frequency by which it determines 4. The prospective primary participant shall provide immediate written the eligibility of its principals. Each participant may,but is not required notice to the department or agency to whom this proposal is submitted if at to,check the Nonprocurement List(202-783-3238). any time the prospective primary participant learns that its certification was 9.erroneous when submitted or has become erroneous by reason of changed establishment Nothing to fai system in the foregoing shall be render in to require circumstances. establishment of a system of records in order to render in good faith the , certification required by this clause. The knowledge and information of a 5. The terms'covered transaction,""debarred,""suspended Ineligible,""lower tier covered transaction,""participant," participant is not required di to exceed that which is normally possessed by a 8 PaciP •""person," prudent person in the ordinary course of business dealings. "primary covered transaction,""principal,""proposal,"and"voluntarily 10. Except for transaction authorized under paragraph 6 of these excluded,"as used in this clause,have the meanings set out in the instructions,if a participant in a covered transaction knowingly enters into Definitions and Coverage sections of die rules implementing Executive Order 12549. You may contact the department or agency to which this a lower tier covered rily excluded lion with a person who is suspended,is transaction,debarred, proposal is being submitted for assistance in obtaining a copy of those ineligible,or voluntarily b from participation in this transaction,in addition to other remedies available to the Federal Government,the regulations. department or agency may terminate this transaction for cause or default. Certification Regarding Debarment,Suspension,and Other Responsibility Matters—Primary Covered Transactions civilly charged by a governmental entity(Federal,State or local)with (1) The prospective primary participant certifies to the best of its commission of any of the offenses enumerated in paragraph(1Xb)of this knowledge and belief,that it and its principals: certification;and (a) Are not presently debarred,suspended,proposed for (d) Have not within a three-year period preceding this debarment,declared ineligible,or voluntarily excluded from covered application/proposal had one or more public transaction(Federal,State or transactions by any Federal department or agency; local)terminated for cause or default. (b) Have not within a three-year period preceding this proposal been convicted or had a civil judgment rendered against them for (2) Where the prospective primary participant is unable to certify to any of commission of fraud or a criminal offense in connection with obtaining, the statements in this certification,such prospective participant shall attach attempting to obtain,or performing a public(Federal,State,or local) an explanation to this proposal. transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements,or receiving stolen property; ° Are not presently indicted for or otherwise criminally or COOPERATIVE AGREEMENT NO. 98429274 I. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Instructions for Certification 1. By signing and/or submitting this application or grant agreement,the grantee is providing the certification set out below. 2. The certification set out below is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification,or otherwise violates the requirements of the Drug-Free Workplace Act,the agency,in addition to any other remedies available to the Federal Government,may take action authorized under the Drug-Free Workplace Act. 3. For grantees other than individuals,Alternate 1 applies. 4. For grantees who are individuals,Alternate II applies. 5. Workplaces under grants,for grantees other than individuals,need not be identified on the certification.If known,they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application,or upon award,if there is no application,the grantee must keep the identity of the workplace(s)on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 6. Workplace identifications must include the actual address of building(or parts of buildings)or other sites where work under the grant takes place. Categorical descriptions may be used(e.g.,all vehicles of mass transit authority or State highway department while in operation,State employees in each local unemployment office,performers in concert halls or radio studios). 7. If the workplace identified to the agency changes during the performance of the grant,the grantee shall inform the agency of the change(s),if the previously identified the workplaces in question(see paragraph five). 8. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees'attention is called,in particular,to the following definitions from these rules: Controlled substance means a controlled substance in Schedules 1 through V of the Controlled Substances Act(21 U.S.C.812)and as further defined by regulation(21 CFR 1308.11 through 1308.15); Conviction means a finding of guilt(including a plea of nob contendere)or imposition of sentence,or both,by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture,distribution,dispensing,use,or possession of any controlled substance; Employee means the employee of a grantee directly engaged in the performance of work under a grant,including: (I) All direct charge employees; (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the grant;and,(iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee(e.g.,volunteers,even if used to meet a matching requirement;consultants or independent contractors not on the grantee's payroll;or employees of subrecipients or subcontractors in covered workplaces.) Certification Regarding Drug-Free Workplace Requirements Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drug-free as a condition of employment under the gram,the employee will— workplace by: (1) Abide by the terms of the statement;and (a) Publishing a statement notifying employees that the unlawful (2) Notify the employer in writing of his or her conviction for manufacture,distribution,dispensing,possession,or use of a controlled a violation of a criminal drug statute occurring in the workplace no later substance is prohibited in the grantee's workplace and specifying the than five calendar days after such conviction; actions that will be taken against employees for violation of such (e) Notifying the agency in writing,within ten calendar days after prohibition; receiving notice under paragraph(2)from an employee or otherwise (b) Establishing an ongoing drug-free awareness program to inform receiving actual notice of such conviction. Employers of convicted employees about— employees must provide notice,including position title,to every grant (1) The dangers of drug abuse in the workplace; activity the convicted employee was working,unless the Federal agency (2) The grantee's policy of maintaining a drug-free has designated a central point for the receipt of such notices. Notice shall workplace; include the identification number(s)of each affected grant; (3) Any available drug counseling,rehabilitation,and employee assistance programs;and (f) Taking on of the following actions within 30 calendar days of receiving (4) The penalties that may be imposed upon employees for notice under paragraph(d)(2),with respect to any employee who is so drug abuse violations occurring in the workplace; convicted- ° making it a requirement that each employee to be engaged in the (1) Taking appropriate g personnel action against such an performance of the grant be given a copy of the statement required by employee,up to and including termination,consistent with the paragraph(a); requirements of the Rehabilitation Act of 1973,as amended;or (d) Notifying the employee in the statement required by paragraph(a)that, (2) Requiring such employee to participate satisfactorily in a COOPERATIVE AGREEMENT NO. 98429274 drug abuse assistance or rehabilitation program approved for such purposes Check[J if there are workplaces on file that are not identified here. by a Federal,State,or local health,law enforcement,or other appropriate Alternate IL (Grantees Who Are Individuals) age; (a) The grantee certifies that,as a condition of the grant,he or she will not (g) Making a good faith effort to continue to maintain a drug-free engage in the unlawful manufacture,distribution,dispensing,possession, workplace through implementation of paragraphs(a),(b),(c),(d),(e)and or use of a controlled substance in conducting any activity with the grant; (0. (b) If convicted of a criminal drug offense resulting from a violation B. The grantee may insert in the space provided below the site(s)for the occurring during the conduct of any grant activity,he or she will report the performance of work done in connection with the specific grant: Place of conviction,in writing,within 10 calendar days of the conviction,to every Performance(Street address,city,county,state,zip code) grant officer or other designee,unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point,it shall include the identification number(s)of each affected grant. m. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies,to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal loan,the entering into any cooperative agreement,and the extension,continuation,renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer of employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersign shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,'in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontractors,subgrarts,and contract under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states,to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,'Disclosure Form to Report Lobbying,"in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than SI0,000 and not more than$100,000 for each such failure. n. FAR 52.217-8 OPTION TO EXTEND SERVICES (AUG 1989) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once,but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule. o. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989) (a) The Government may extend the term of this contract by written notice to the Contractor within 90 days;provided,that the Government shall give the • COOPERATIVE AGREEMENT NO. 98429274 Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option,the extended contract shall be considered to include this option provision. 0 The total duration of this contract,including the exercise of any options under this clause,shall not exceed 60 months. (End of clause) p. FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability,to be confirmed in writing by the Contracting Officer. (End of clause) q. FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond September 30,1995. The Government's obligation for performance of this • contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment shall arise for performance under this contract beyond September 30,1995,until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability,to be confirmed in writing by the Contracting Officer. (End of clause) COOPERATIVE AGREEMENT NO. 98429274 ATTACHMENT II 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 $ $ $ $ $ $ $ $ $ $ $ $ $ $ S $ $ $ OTHER TRAVEL EXPENSES: WHAT AMOUNT $ TOTAL TRAVEL REIMBURSEMENT REQUESTED: $ Reason for travel : t • 4 0 COOPERATIVE AGREEMENT NO. 98429274 cost estimate is different from the funds approved in item 6 above, please provide written justification as well as an explanation of how the additional funds required will be obtained. ) 8 . Progress to Date 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: Government Technical Representative