HomeMy WebLinkAboutContracts & Agreements_11-2002_CCv0001.pdf COOPERATIVE AGREEMENT NO. ATCO20230
BETWEEN
The City of Redlands, California
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 Redlands Police
Department, Redlands, California (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 the City of Redlands,
California. 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 January 16, 2002
and ends January 15, 2003 . However, ATF intends to continue
the legal relationship in the future, subject to continuing
congressional appropriations . In future years, no legal
liability on the part of ATF or the Federal Government shall
accrue unless funds are made available to the CAO and the
LOCAL GOVERNMENT receives written notification of the amount
of funds available . The continuation of the agreement in
future years will be subject to a reapplication process by
the LOCAL GOVERNMENT.
3 . SCOPE OF WORK
In the Treasury, Postal Service and General Government
Appropriation Bill for the Fiscal Year ending
September 30, 2001, 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
COOPERATIVE AGREEMENT NO. ATCO20230
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 Program
4 . COOPERATIVE AGREEMENT PLAN
During the period of performance the G.R. E.A.T. Program will
be implemented and continued as follows :
A. RESPONSIBILITIES OF the City of Redlands, California
The City of Redlands , California, through the Redlands
Police Department, will participate in the G.R.E.A.T.
Program as specified below:
(1) Phase I - The LOCAL GOVERNMENT shall arrange with
local area middle/junior high schools , to schedule 13 one
period classes, (for those agencies whose officers have
been re-certified in the new G.R. E .A. T. Curriculum. All
others will continue to teach the nine class curriculum
until they have been re-certified) in a sufficient number
of instructional blocks so as to instruct a minimum of
449 . 1 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 City of Redlands school system or approved
after-school settings .
The LOCAL GOVERNMENT 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. Requests for certificates
should be mailed to the address listed in Section 15 . C.
The number of certificates ordered shall reflect the
actual number of students enrolled in the program, as
this information will be used as a factor in determining
future funding.
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COOPERATIVE AGREEMENT NO. ATCO20230
PHASES II and III OF G.R.E.A. T.
The LOCAL GOVERNMENT shall submit an implementation plan
for phases II and III by May 1, 2002 . Implementation of
Phases II and III must support Phase I of this agreement
and be in accordance with the following guidelines :
Phase II
The LOCAL GOVERNMENT will be required to 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 .
These summer components must be in accordance with the
G.R.E.A. T. programs guidelines for this section. Copies
of approved activities and educational components can be
obtained from the G.R.E.A.T. program Branch.
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 .
These family components must be in accordance with the
G.R.E.A.T. programs guidelines for this section. Copies
of approved activities and educational components can be
obtained from the G.R.E.A.T. program Branch.
Under the terms of this agreement, ATF will not
reimburse the LOCAL GOVERNMENT for any expenses
incurred after the end of the period of performance
specified in Section 2 .
(3) The LOCAL GOVERNMENT agrees to provide an officer (s)
part-time, to assist the G.R.E .A.T. Program as a Team
Leader (s) . The LOCAL GOVERNMENT agrees to allow an
officer(s) to complete G.R.E.A.T. Officer Training,
teach the G.R.E.A.T. curriculum, complete G.R.E.A.T.
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COOPERATIVE AGREEMENT NO. ATCO20230
Management Leader training, and assist the National
Training Team as a Team Leader. The LOCAL GOVERNMENT
agrees to provide the services of said Team Leader (s) for
G.R.E.A.T. training sessions during the period of
performance of this agreement at the rate of 2 weeks per
$50, 000 dollars of award.
Amount of Award Required Weeks
$50 , 000 2
$100 , 000 4
$150 , 000 6
$200 , 000 8
$250 , 000 10
$300 , 000 12
$350 , 000 14
$400 , 000 16
Local governments that are in their first year of federal
funding are excluded from the above requirement . However,
it is suggested that the LOCAL GOVERNMENT designate an
officer to complete team leader training. In the event
funding becomes available for the following year, the
LOCAL GOVERNMENT will be required to provide an
officer (s) in accordance with paragraph 4 above.
(4) It is the responsibility of the LOCAL GOVERNMENT to
plan, initiate and oversee the completion of the
G.R.E.A.T. Program; to prepare quarterly progress
reports and quarterly requests for payments; to certify
the accuracy of contractor and vendor billings; to
ensure the cost efficient and timely completion of the
project; and to immediately notify ATF, in writing, of
any issues or problems, real or anticipated, which might
affect the successful completion of the project within
the time frame and funding established in the agreement .
(5) 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. It is also the responsibility of the LOCAL
GOVERNMENT to ensure that any funds requested for regular
or overtime salaries must be G.R.E.A.T. related and the
funds must be for certified G.R.E.A.T. officers or
exceptions approved by the Branch.
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COOPERATIVE AGREEMENT NO. ATCO20230
(6) Expenditures for equipment, furniture or other
capital assets may be reimbursed, but only if prior
written approval for the purchase is obtained from the
Government Technical Representative (GTR) . 'Equipment
means an article of non-expendable, tangible personal
property having a 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
GTR. 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 benefits the G.R.E.A.T. program. The
request must also include any previous purchases of the
same or similar item. Total of expenditures 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 GTR
and once this equipment is purchased, the LOCAL
GOVERNMNET must submit a list of this equipment and any
applicable serial numbers to the GTR for accountability
purposes .
(7) The LOCAL GOVERNMENT must submit to the GTR a
semi-annual report within 45 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 V. Failure to submit the
first 2 quarterly reports will result in a non-compliance
judgment with the agreement and any further expenditures
will not be reimbursed.
A final agreement report must be submitted by the LOCAL
GOVERNMENT within 45 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 semi-annual progress reports or the
final agreement report may be interpreted as
non-compliance with this agreement and will be utilized
in any further requests for funding.
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COOPERATIVE AGREEMENT NO. ATCO20230
B. RESPONSIBILITIES OF ATF FOR REIMBURSEMENT
(1) (a) ATF has obligated, to the City of Redlands,
California, $5 , 000 . 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;
* 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. Overtime shall not exceed
10 hours per week during training;
* Printed materials such as student handbooks,
and awards;
* Administrative expenses, directly supporting
G.R.E.A.T. activities, such as general office
supplies, office space leases, and clerical
support directly supporting G.R. E.A.T.
activities, during the term of this agreement ;
and
* Expenses for G.R. E.A.T. promotional materials
such as pamphlets, bumper stickers, hats,
T-shirts , buttons, pens and pencils .
* Any items bearing 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. 18' Street
Phoenix, AZ 85027 Vancouver, WA 98661
800-932-8931 800-654-0724
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COOPERATIVE AGREEMENT NO. ATCO20230
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
www. treadwavqraphics . com
Industries for the Blind, Inc .
3220 West . Vilet Street
Milwaukee, WI 53208
414-933-4319
www. ibmilw. com
* Any expenditure in excess of $1, 000 , for other than
equipment, furniture or other capital assets and excluding
those made from the authorized G.R.E.A.T. vendors above, must
be pre-approved, in writing, by the GTR. 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 with the GTR.
* Any expenditure in excess of $5, 000 made froni the G.R.E.A.T.
vendors above, must be pre-approved, in writing, by the GTR.
(b) Reimbursements will be made only when a completed
SF-270, Request for Advance or Reimbursement form,
attachment I, is provided by the Local Government in
accordance with the terms of this agreement .
(2) It is the responsibility of the GTR or designee to
monitor the project status, to review and certify interim
and final payment requests submitted by the LOCAL
GOVERNMENT and; to ensure that the funding limitations in
paragraphs 4 .A. 5, 4 .A. 6, 4 .B. 1 .A and 4 .B . 1 .D have not
been exceeded.
C. 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.
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COOPERATIVE AGREEMENT NO. ATCO20230
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 and
fourth grade students within the City of Redlands school
system.
Under the terms of this agreement, ATF will not
reimburse the LOCAL GOVERNMENT for any expenses
incurred after the end of the period of performance .
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 $5 , 000 . 00 for reimbursement under this
agreement . Requests for reimbursement for work completed
will be made by the LOCAL GOVERNMENT on a SF-270, Request
for Advance or Reimbursement, attachment I, to the GTR for
review and certification. Payments will only be issued to
the LOCAL GOVERNMENT, and not vendors or contractors .
ATF will not provide funding in excess of the amount
specified for each year the agreement is in effect . The
LOCAL GOVERNMENT accepts responsibility for all costs
associated with the G.R.E.A. T. Program which exceed the
level of funding provided by ATF.
B . Requests for Reimbursements shall be submitted by the
LOCAL GOVERNMENT on a quarterly basis as follows :
(1) Original SF-270 , Request for Advance or Reimbursement
form, along with receipts/invoices supporting
reimbursement request to the GTR. Requests for travel
reimbursements must include the TRAVEL REIMBURSEMENT
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COOPERATIVE AGREEMENT NO. ATCO20230
SHEET Attachment II) . The GTR' s address is as follows :
Bureau of Alcohol, Tobacco and Firearms
ATTN: Cooperative Reimbursement Section
P.O. Box 50418
Washington, DC 20091-0418
The LOCAL GOVERNMENT will provide ATF with whatever
payment information is necessary to transfer funds
(electronic payment information, bank account numbers,
etc. ) to the LOCAL GOVERNMENT.
C. Title 31 of the Code of Federal Regulations, Part 208 ,
effective July 01, 1997, mandates that Federal payments
under cooperative agreements be made via electronic
funds transfer (Waiver: Department of the Treasury
check (s) will be issued ONLY when the LOCAL GOVERNMENT
certifies in writing that the recipient does not have an
account at a financial institution or authorized payment
agent) .
(1) The following applies only to Direst Deposit
payments :
The LOCAL GOVERNMENT shall forward a completed SF-
3881, ACH Vendor/Miscellaneous Payment Enrollment
Form, attachment III with this signed agreement .
(a) The Agency Information is preprinted to issue
payment from ATF.
(b) The Payee/Company Information is to be
completed by the Payee . The Taxpayer
Identification Number (TIN) must be provided.
The TIN is the Employer Identification Number.
Notice of each Direct Deposit will be
forwarded to the address listed.
(c) The Financial Institution Information should be
completed by the Payee ' s Financial Institution.
(d) All payments will be made to checking or
savings accounts, not lockboxes .
(e) Financial Institutions must list their nine
digit American Bankers Association (ABA)
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COOPERATIVE AGREEMENT NO. ATCO20230
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 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 agreement recipient ' s name .
D. The LOCAL GOVERNMENT certifies, by signing the SF-270
form, attachment I, that all requests for reimbursement
submitted shall be supported by valid receipts/invoices
which are in accordance with the project authorized in
this agreement . Copies of paid invoices shall be clearly
marked with the appropriate agreement number to which
they are charged and maintained in the agreement project
file by the LOCAL GOVERNMENT. All such documentation
shall be made available for review upon the request of
ATF or any Federal audit agency.
Funds specified and approved for G.R. E .A.T. shall not be
transferred to another project or be used for any other
purpose, unless authorized by a written modification to
this agreement signed by the LOCAL GOVERNMENT and the
CAO or his designee.
E . The LOCAL GovE- . certifies that no request for
payment will be submitted for work, materials or
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COOPERATIVE AGREEMENT NO. ATCO20230
services which have been previously funded by any other
source .
F. The LOCAL GOVERNMENT will maintain such books, records,
documents and other records that will accurately
document all costs relating to this agreement in
accordance with State laws and procedures for expending
and accounting for its own funds . This documentation
must be kept for a period of at least three years
following the end of the agreement ' s period of
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 GTR or someone
otherwise designated by the CAO.
7 . MODIFICATIONS
A. The CAO may at any time, by written order, make changes
within the general scope of this agreement in 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 LOCAL GOVERNMENT must be made
by mutual agreement of both parties . Failure to agree to
any modification shall be a dispute under the DISPUTES
clause (Section 11) of this agreement . However, nothing
in this clause shall excuse the LOCAL GOVERNMENT from
proceeding with the agreement as changed.
C. Notwithstanding the terms and conditions of paragraphs A
and B above, the estimated cost of this cooperative
agreement shall not be increased or considered increased
except by specific written modification of the agreement
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COOPERATIVE AGREEMENT NO. ATCO20230
indicating the new agreement total . Until this
modification is made, the LOCAL GOVERNMENT is not
authorized to incur costs beyond those specified under
Section 5 .A of this agreement.
8 . ASSURANCES
This agreement provides for Federal participation in an
education and public awareness program to warn youth about
the dangers of gangs . A local government receiving Federal
funds under this agreement is required to assure and certify
that it will, as a condition of receiving the funds, comply
with applicable Federal laws and regulations governing
cooperative agreements . By acceptance of this agreement the
LOCAL GOVERNMENT assures and certifies that it will comply
with the regulations in Attachment IV of this agreement, as
well as other listed regulations, policies, guidelines, and
requirements listed in the agreement, including OMB Circular
A-87-Cost Principles for State, Local and Indian Tribal
Governments, A-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
IV Clauses and Provisions refers to the "LOCAL GOVERNMENT. "
9 . PUBLICATIONS AND NEWS RELEASES
A. Definition. For the purpose of this clause,
"publication" includes :
(1) Any document containing information for public
consumption; or,
(2) The act of , or any act which may result in,
disclosing information to the public .
B . The results of this program are planned to be made
available to the public through such means as the Director
of ATF shall determine .
C. Federal Government Ownership of Official Products of
Work.
All interim and final reports and information, data
analyses, special methodology, findings, and their related
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COOPERATIVE AGREEMENT NO. ATCO20230
documents and work products, including reports, work sheets,
survey instruments, computer tapes, and any other physical
materials and products produced directly under this
agreement are considered Official Products of Work, owned by
the Federal Government and held for the benefit of the
public. Further, the LOCAL GOVERNMENT acknowledges that it
will not acquire any rights in data or goodwill for any of
the materials or products produced under this agreement .
D. Independent and Special Products
During the term of this agreement, works authored,
composed, or developed by the LOCAL GOVERNMENT and approved
by the G.R.E.A. T. National Policy Board, including but not
limited to brochures, curriculum, student handbooks,
instructor manuals, newsletters, pamphlets, and other
products developed to enhance the G.R.E.A.T. Programare
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 . "
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COOPERATIVE AGREEMENT NO. ATCO20230
(2) All Independent and Special Products, or any parts
thereof, developed through the use of funds provided for
under this instrument, when published by the Local
Government or other participants in the work, shall
contain the following acknowledgement and disclaimer:
"The work that provided the basis for this
publication was supported in part by funding under
a cooperative agreement with the Bureau of
Alcohol, Tobacco and Firearms, which maintains its
rights in this publication as set forth in 41
C. F. R. )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 agreement that may be made by
the LOCAL GOVERNMENT or its staff, or any subcontractor or
other person or organization participating in the work of
this agreement shall be provided to the GTR at the earliest
possible time . News releases and other public announcements
may not disclose any interim finding or quote or paraphrase
any part of any Official Product of Work without complying
with paragraphs (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 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 .
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COOPERATIVE AGREEMENT NO. ATCO20230
11. DISPUTES
A. It is hereby agreed upon that this agreement is subject
to the Contract Disputes Act of 1987, as amended (41
U. S. C. 601-613) .
B. Except as provided in the Act, all disputes arising
under or relating to this agreement shall be resolved
under this clause .
C. "Claim, " as used in this clause, means a written demand
or written assertion by one of the agreement parties
seeking, as matter of right, the payment of money in a
sum certain, the adjustment or interpretation of
agreement terms, or other relief arising under or
relating to this agreement. A claim arising under a
cooperative agreement, unlike a claim relating to that
agreement, is a claim that can be resolved under a
cooperative agreement clause that provides for the
relief sought by the claimant . However, a written
demand or written assertion by the LOCAL GOVERNMENT
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 LOCAL GOVERNMENT shall be made in
writing and, unless otherwise stated in this cooperative
agreement, submitted within 3 years after accrual of the
claim to the CAO for a written decision. A claim by the
Government against the LOCAL GOVERNMENT shall be subject
to a written decision by the CAO.
(2) . The LOCAL GOVERNMENT shall provide the
certification specified in subparagraph D (4) of this
clause, in writing, when submitting any claim.
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COOPERATIVE AGREEMENT NO. ATCO20230
(a) Exceeding $100, 000; or
(b) Regardless of the amount claimed, when using.
1 . Arbitration conducted pursuant to 5 U. S . C.
575-580; or
2 . Any other alternative means of dispute
resolution (ADR) technique that the agency
elects to handle in accordance with the
Administrative Dispute Resolution Act
(ADRA) .
(3) . The certification requirement does not apply to
issues in controversy that have not been submitted
as part of a claim.
(4) . The certification shall state as follows : "I
certify that the claim is made in good faith; that the
supporting data are accurate and complete to the best of
my knowledge and belief; that the amount requested
accurately reflects the agreement adjustment for which
the LOCAL GOVERNMENT believes the Government is
liable; and that I am duly authorized to certify the
claim on behalf of the LOCAL GOVERNMENT. "
(5) . The certification may be executed by any person
duly authorized to bind the LOCAL GOVERNMENT with
respect to the claim.
E. For LOCAL GOVERNMENT claims of $100, 000 or less, the CAO
must, if requested in writing by the LOCAL GOVERNMENT,
render a decision within 60 days of the request . For
LOCAL GOVERNMENT-certified claims over $100, 000, the CAO
must, within 60 days, decide the claim or notify the
LOCAL GOVERNMENT of the date by which the decision will
be made.
F. The CAO' s decision shall be final unless the LOCAL
GOVERNMENT appeals or files a suit as provided in the
Act .
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COOPERATIVE AGREEMENT NO. ATCO20230
G. If the claim by the LOCAL GOVERNMENT is submitted to the
CAO or a claim by the Government is presented to the
LOCAL GOVERNMENT, the parties, by mutual consent, may
agree to use ADR. If the LOCAL GOVERNMENT refuses an
offer for alternative disputes resolution, the LOCAL
GOVERNMENT shall inform the CAO, in writing, of the
LOCAL GOVERNMENT ' s specific reasons for rejecting the
request . When using arbitration conducted pursuant to
5 U. S. C. 575-580, or when using any other ADR technique
that the agency elects to handle in accordance with the
ADRA, any claim, regardless of amount, shall be
accompanied by the certification described in
subparagraph D (4 ) of this clause, and executed in
accordance with subparagraph D (5) of this clause .
H. The Government shall pay interest on the amount
found due and unpaid from (1) the date that the CAO
receives the claim (certified, if required) ; or (2) the
date that payment otherwise would be due, if that date
is later, until the date of payment . With regard to
claims having defective certifications-,- as defined in
(FAR) 48 CFR 33 . 201, interest shall be paid from the
date that the CAO initially receives the claim. Simple
interest on claims shall be paid at the rate, fixed by
the Secretary of the Treasury as provided in the Act,
which is applicable to the period during which the CAO
receives the claim and then at the rate applicable for
each 6-month period as fixed by the Treasury Secretary
during the pendency of the claim.
I . The LOCAL GOVERNMENT shall proceed diligently with
performance of this agreement, pending final resolution
of any request for relief, claim appeal, or action
arising under the contract, and comply with any decision
of the CAO.
12 . STOP WORK
A. The CAO or his designee may issue, and the LOCAL
GOVERNMENT will accept, a written order to hold or Stop
Work on the G.R. E.A.T. Program 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
18
COOPERATIVE AGREEMENT NO. ATCO20230
of the agreement, for financial improprieties found
during a monitoring inspection or voucher and records
review, or a change in relevant laws or regulations .
B. A Stop Work Order may be continued, cancelled or
reissued as termination.
C. The LOCAL GOVERNMENT is responsible for any costs
incurred after the issuance of a Stop Work Order
unless such work, material, equipment or services
were purchased prior to the issuance of the Stop
Work Order and delivery cannot be cancelled.
13 . TERMINATION
A. The Government may terminate performance of work
under this agreement in whole, or in part, if the CAO
determines that a termination is in the Government' s
interest . The CAO shall terminate by delivering to the
LOCAL GOVERNMENT a Notice of Termination specifying the
extent of termination and the effective date.
(1) After receipt of a Notice of Termination and except
as directed by the CAO, the LOCAL GOVERNMENT shall
immediately proceed with the following obligations :
(a) Stop work as specified in the notice.
(b) Place no further orders, except as necessary to
complete the continued portion of the
agreement .
(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 LOCAL GOVERNMENT and in
which the Government has or may acquire an
interest .
19
COOPERATIVE AGREEMENT NO. ATCO20230
(e) Within 60 days after the date of termination,
the LOCAL GOVERNMENT shall submit a final report
along with a final SF-270, Request for Advance
or Reimbursement (ATTACHMENT I) , to the GTR.
B. This Agreement may be terminated in-full or in-part by
the LOCAL GOVERNMENT at anytime prior to the completion
of the Program listed in the Agreement . The LOCAL
GOVERNMENT shall notify the CAO, in writing, prior to
the proposed date of termination.
14 . REPORTS
A. The LOCAL GOVERNMENT shall submit to the GTR a semi-
annual report within 45 days of the close of each
six month period. 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 V.
B . A final agreement report shall be submitted by the LOCAL
GOVERNMENT within 45 days after the completion of the
project . This final report will contain the date of
completion, final costs, and a statement that the
agreement is completed.
C. Failure to submit semi-annual progress reports or the
final agreement report may be interpreted as
non-compliance with this agreement .
15 . GOVERNMENT REPRESENTATIVES
A. The Cooperative Agreement Officer (CAO) is the Chief 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
Kevin R. Merriweather, located at 650 Massachusetts
Avenue, NW, Room 3290, Washington, DC 20226, phone number
(202) 927-7716 .
20
COOPERATIVE AGREEMENT NO. ATCO20230
C. The Government Technical Representative (GTR) is
Juanita Wright, located at P.O. Box 50418, Washington,
DC 20091-0418 , phone number (202) 927-2160 .
16 . LIMITATION OF TECHNICAL DIRECTION FROM THE GTR
A. Performance of work under this agreement shall be
subject to the technical direction of the GTR identified
in paragraph 15 . C. of this agreement , or a designated
representative . The term "technical direction" is
defined to include, without limitation, direction to the
LOCAL GOVERNMENT which directs or redirects the labor
effort, shifts the work between work areas or locations ,
further defines tasks and otherwise serves to ensure
that the tasks outlined in the agreement are
accomplished in a satisfactory manner.
B . Technical direction must be within the scope of the
agreement . The GTR does not have the authority to, and
may not, issue any technical direction which:
(1) Constitutes a change of assignment or additional
work outside the scope of work of the agreement;
(2) Constitutes a change in the agreement that
requires a modification as specified in Section 7
"Modifications . "
(3) In any manner cause an increase or decrease in the
agreement price, or the time required for agreement
performance .
(4) Changes any of the terms, conditions or scope of
work of the agreement ; or
(5) Interferes with the LOCAL GOVERNMENT' S right to
perform under the terms and conditions of the
agreement .
C. Technical directions may be oral or in writing, by GTR
or a designee with written delegated authority from the
CAO. Oral directions shall be confirmed in writing
within two working days of issuance .
D. The LOCAL GOVERNMENT shall proceed promptly with the
21
•
COOPERATIVE AGREEMENT NO. ATCO20230
performance resulting from technical directions issued
by the GTR, or his designee . If in the opinion of the
LOCAL GOVERNMENT, any instruction or direction of the
GTR, or his designee, falls within the purview defined
in paragraph b. l . through 5 . above, the LOCAL GOVERNMENT
shall immediately notify the CAO no later than the
beginning of the next Government workday.
E. Failure of the LOCAL GOVERNMENT and the CAO to agree
that the technical directions are within the scope of
the agreement shall be subject to the terms of the
clause entitled Disputes in Section 11 .
17 . COOPERATIVE AGREEMENT OFFICER' S AUTHORITY
The CAO is the only person authorized to approve
modifications to this agreement . This authority remains
solely with the CAO. In the event the LOCAL GOVERNMENT
affects any modifications at the direction of any person
other than the 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
VENDOR/MISCELLANEOUS PAYMENT ENROLLMENT FORM) , IV (Additional
Clauses and Provisions) and V (QUARTERLY COOPERATIVE
AGREEMENT PROGRESS REPORT) are hereby incorporated to form an
integral part of this Agreement .
19 . FORMS
The following standard forms, provided, must be
completed and submitted with the agreement :
* SF-LLL Disclosure of Lobbying Activities;
* SF-3881 ACH Vendor/Miscellaneous Payment
Enrollment Form (ATTACHMENT III) ;
* SF-424A Budget Information - Non-Construction
22
COOPERATIVE AGREEMENT NO. ATCO20230
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
(ATTACHMENT I) (make copies as needed)
Travel Reimbursement Sheet (ATTACHMENT
II) (make copies as needed)
Also complete and submit quarterly, the form provided
as attachment V - QUARTERLY PROGRESS REPORT (make
copies as needed) .
23
COOPERATIVE AGREEMENT NO. ATCO20230
1-18-2002
LOCAL GOVERNMENT' s signature Date
James R. Bueermann, Chief of Police Redlands P.D.
PRINTED NAME AND TITLE
ATF COOPERATIVE AGREEMENT OFFICER' S signature Date
24
COOPERATIVE AGREEMENT NO. ATCO20230
ATTACHMENT IV
Additional Clauses and Provisions
a . The LOCAL GOVERNMENT 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 LOCAL GOVERNMENT 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 LOCAL GOVERNMENT will comply with the provisions of the
Hatch Act, which limits the political activity of employees .
d. The LOCAL GOVERNMENT 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 LOCAL GOVERNMENT 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 . The LOCAL GOVERNMENT 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
25
COOPERATIVE AGREEMENT NO. ATCO20230
in Federal Register of March 11, 1988 (pages 8034-8069) .
g. The LOCAL GOVERNMENT 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.
h. The LOCAL GOVERNMENT 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
local governments .
i. LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (DEVIATION - DEPARTMENT OF THE TREASURY, NOV
1990) (JUN 1997)
(a) Definitions.
'Agency,'as used in this clause,means executive agency as defined in 2.101.
'Covered Federal action,'u used in this clause,means any of the following Federal actions:
(a) The awarding of any Federal contract.
(b) The making of any Federal gram.
O The making of any Federal loan.
(d) The entering into of any cooperative
agreement.
(e) The extension,continuation,renewal,amendment,or modification of any Federal contract,gram,loan,or cooperative agreement.
"Indian tribe"and"tribal organization."as used in this clause,have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance
Act(25 U.S.C.450B)and include Alaskan Natives.
influencing or attempting to influence,'as used in this clause,means making,with the intent to influence,any communication to or appearance before an officer
or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with any covered
Federal action.
'Local government,'as used in this clause,means a unit of government in a State and,if chartered,established,or otherwise recognized by a State for the
performance of a
governmental duty,including a local public authority,a special district,an intrastate district,a council of governments,a sponsor group representative
organization,and any other instrumentality of a local government.
'Officer or employee of an agency.'as used in this clause,includes the following individuals who are employed by an agency:
(a) An individual who is appointed to a position in the Government under title 5,United States Code,including a position under a temporary
appointment.
(b) A member of the uniformed services,as defined in subsection 101(3),title 37,United States Code.
o A special Goverrrnent employee,as defined in section 202,title 18,United States Code.
(d) An individual who is a member of a Federal advisory committee,as defined by the Federal Advisory Committee Act,tide 5,United States Code,
appendix 2.
'Person.'as used in this clause.means an individual corporation,company,association,authority,firm,partner-ship,society,State.and local government.
regardless of whether such entity is operated for profit,or not for profit. This term excludes an Indian tribe,tribal organization,or any other Indian organization
with respect to expenditures specifically permitted by other Federal law.
'Reasonable compensation,'as used in this clause means,with respect to a regularly employed officer or employee of any person,compensation that is consistent
with normal compensation for such officer or employee for work that is not furnished to,not funded by.or not furnished in cooperation with the Federal
Government.
'Reasonable payment,'as used in this clause,means,with respect to professional and other technical services,a payment in an amount that is consistent with
amount normally paid for such services in the private sector.
'Recipient,'as used in this clause.includes the Contractor and all subcontractors. This term excludes an Indian tribe,tribal organization,or any other Indian
organization with respect to expenditures specifically permitted by other Federal law.
'Regularly employed,'as used in this claucP,means,with respect to an officer or employee of a person requesting or receiving a Federal contract,an officer or
employee who is employed by such person for at least 130 working days within I year immediately preceding the date of the submission that initiates agency
consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within I year
immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or
26
COOPERATIVE AGREEMENT NO. ATCO20230
she is employed by such person for 130 working days.
"State,"as used in this clause,means a State of the United States,the District of Columbia,the Commonwealth of Puerto Rico,a territory or possession of the
United States,an agency or instrumentality of a State,and multi-State,regional,or interstate entity having governmental duties and powers.
(b) Prohibitions.
(I) Section 1352 of tide 31,United States Code,among other things,prohibits a recipient of a Federal contract,grant,loan.or cooperative agreement from using
appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or
employee of Congress,or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal
contract:the making of any Federal grant;the making of any Federal loan;the entering into of any cooperative agreement;or the modification of any Federal
contract,grant,loan,or cooperative agreement.
(2) The Act also requires Contractors to furnish a disclosure if any funds other than Federal appropriated funds(including profit or fee received under a covered
Federal transaction)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 or employee of Congress,or an employee of a Member of Congress in connection a Federal contract,grant,loan,or cooperative agreement.
(3) The prohibitions of the Act do not apply under the following conditions:
(I) Agency and legislative liaison by own employees.
(A)The prohibition on the use of appropriated funds,in subparagraph(bXl)of this clause,does not apply in the case of a payment of reasonable
compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency anti legislative liaison
activities not directly related to a covered Federal action,
(B) For purposes of subdivision(b)(3)(IXA)of this clause,providing any information specifically requested by an agency or Congress is permitted at
any time.
C 'The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered
Federal action:
(I) Discussing with an agency the qualities and characteristics(including individual demonstrations)of the person's products or services,conditions
or terms of sale,and service capabilities.
(2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.
(II) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action—
(1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of covered Federal
action;
(2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission:and
(3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act,as amended by Pub.L.
95-507,and subsequent amendments.
(E) Only those services expressly authorized by subdivision(bX3)(IXA)of this clause are permitted under this clause.
(ii)Professional and technical services.
(A)The prohibition on the use of appropriated funds,in subparagraph(b)(I)of this clause,does not apply in the case of—
(I)A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an
extension,continuation.renewal,amendment,or modification of a covered Federal action,if payment is for professional or technical services rendered directly in
the preparation,submission,or negotiation of any bid,proposal,or application for that Federal action or for meeting requirements imposed by or pursuant to law
as a condition for receiving that Federal action.
(2)Arty reasonable payment to a person,other than an officer or employee of a person requesting or receiving a covered Federal action or an
extension,continuation,renewal,amaulment,or modification of a covered Federal action if the payment is for professional or technical services rendered
directly in the preparation,submission,or negotiation of any bid,proposal,or application for that Federal action or for meeting requirements imposed by or
pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal
action include consultants and trade associations.
(B)For purposes of subdivision(bX3XiiXA)of this clause."professional and technical services"shall be limited to advice sal analysis directly
applying any professional or technical discipline. The following examples are not intended to be all inclusive,to limit the application of the professional or
technical exemption provided in the law,or to limit the exemption to licensed professionals. For example,drafting of a legal document accompanying a bid or
proposal by a lawyer is allowable. Similarly,technical advice provided by an engineer on the performance or operational capability of a piece of equipment
rendered directly in the negotiation of a contract is allowable. However,communications with the intent to influence made by a professional(such as a licensed
lawyer)or a technical person(such as a licensed accountant)are not allowable under this section unless they provide advice anti analysis directly applying their
professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation.submission or negotiation of a covered
Federal action. Thus,for example,communications with the intern to influence made by a lawyer that do not provide legal advice or analysis directly and solely
related to the legal aspects of his or her client's proposal,but generally advocate one proposal over another are not allowable under this section because the lawyer
is not providing professional legal services. Similarly,communications with the intent to influence made by an engineer providing an engineering analysis prior to
the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the
preparation,submission or negotiation of a covered Federal action.
C Re:piratical:2 imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and
any other requirements in the actual award documents.
(D)Only those services expressly authorized by subdivisions(bX3XiiXAXI)and(2)of this clause are permitted under this clause.
(E)The reporting requirements of FAR 3.803(a)shall not apply with respect to payments of reasonable compensation made to regularly employed
officers or employees of a person.
(iii)Selling activities by independent sales
representatives.
The prohibition on the use of appropriated funds,in subparagraph(bX1)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.
27
COOPERATIVE AGREEMENT NO. ATCO20230
° 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 nonappropriausd funds(to include profits from any
covered Federal action),which would be prohibited under subparagraph(bX I)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(cXI)of this cline, An event that materially affects the
accuracy of the information reported includes—
(I)A cumulative increase of 825,000 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 artinsi: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 8100,000 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.
(I)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.
(I) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely,costs
made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.
J. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS (MAR
1996)
Instructions for Certification
I. 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 tion.tmless authorized by the
provide the certification set out below. The certification or explanation
department or agency entering into this transaction.
will be considered in connection with the department or agency's 7. The prospective primary participant further agrees by submitting this
determination whether to enter into this transaction. However,failure of proposal that it will include the clause tilled'Certification Regarding
the prospective primary participant to furnish a certification or an
Debarment,Suspension,Ineligibility anti Voluntary Exclusion—Lower Tier
explanation shall disqualify such person from participation in this
Covered Transaction,'provided by the department or agency into this
transaction. covertransaction,without modification,in all lower tier covered
3. The certification in this clause ied s 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 ear.luded 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 fremsency 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 Noriproctiremem List(202-7g3-3238).
any time the prospective primary participant learns that its certification was 9. Nothing contained in the foregoing shall be consatard to require
erroneous when submitted or has become erroneous by reason of changed
establishment of a system of records in order to rendes'in good faith the
circumstances. certification required by this clause, The knowledge and information of a
5. The terms"covered transaction. debarred, "suspended,' participant is not required to exceed that which is normally possessed by a
'ineligible,''lower tier covered transaction."participant,"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 the rules implementing Executive a lower tier covered transaction with a person who is suspended,debarred.
Order 12549. You may contact the department or agency to which this ineligible,or voluntarily excluded from participation in this transaction,in
proposal is being submitted for assistance in obtaining a copy of those addition to other remedies available to the Federal Government.the
regulations. department or agency may terminate this transaction for cause or default.
28
COOPERATIVE AGREEMENT NO. ATCO20230
Certification Regarding Debarment,Suspension,and Other
Responsibility Matters—Primary Covered Transactions
(I) The prospective primary participant certifies to the best of its ° Are not presently indicted for or otherwise criminally or
knowledge and belief.that it and its principals; civilly charged by a governmental entity(Federal.State or local)with
(a) Are not presently debarred,suspended,proposed for commission of any of the offenses enumerated in paragraph(I Xb)of this
debarment,declared ineligible,or voluntarily excluded from covered certification;and
transactions by any Federal department or agency; (d) Have not within a three-year period preceding this
(b) Have not within a three-year period preceding this application/proposal had one or more public transaction(Federal.State or
proposal been convicted or had a civil judgment rendered against them for local)terminated for cause or default.
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain,or performing a public(Federal.State,or local) (2) Where the prospective primary participant is unable to certify to any of
transaction or contract wider a public transaction;violation of Federal or the statements in this certification,such prospective participant shall attach
State antitrust statutes or commission of embezzlement,theft,forgery, an explanation to this proposal.
bribery,falsification or destruction of records,making false statements,or
receiving stolen property;
k. CERTIFICATION REGARDING DRUG-FREE WORKPLACE
REQUIREMENTS
Instructions for Certification
I. 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 I 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 wider 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 tenni 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 I 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 nolo 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,disporting,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 arid 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 employees about—
workplace by: (I) The dangers of drug abuse in the workplace;
(a) Publishing a statemert notifying employees that the unlawful (2) The grantee's policy of maintaining a drug-free
manufacture,distribution,dispensing.possession,or use of a controlled workplace;
substance is prohibited in the grantee's workplace and specifying the (3) Any available drug counseling,rehabilitation,and
actions that will be taken against employees for violation of such employee assistance programs;and
prohibition; (4) The penalties that may be imposed upon employees for
(b) Establishing an ongoing drug-free awareness program to inform drug abuse violations occurring in the workplaer,
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COOPERATIVE AGREEMENT NO. ATCO20230
•
making it a requirement that each employee to be engaged in the by a Federal,State,or local health,law enforcement,or other appropriate
performance of the grant be given a copy of the statement required by agency;
paragraph(a); (g) Making a good faith effort to continue to maintain a drug-free
(d) Notifying the employee in the statement required by paragraph(a)that, workplace through implementation of paragraphs(a),(b),(c),(d),(e)and
as a condition of employment under the grant,die employee will— (0.
(I) Abide by the terms of the statement;and B. The grantee may insert in the space provided below the site(s)for the
(2) Notify the employer in writing of his or her conviction for performance of work done in connection with the specific grant: Place of
a violation of a criminal drug statute occurring in the workplace no later Performance(Street address,city,county,state,zip code)
than five calendar days after such conviction;
(e) Notifying the agency in writing,within ten calendar days after
receiving notice under paragraph(2)from an employee or otherwise
receiving actual notice of such conviction. Employers of convicted Check[1 if there are workplaces on file that are not identified here.
employees must provide notice,including position title,to every grant Alternate II. (Grantees Who Are Individuals)
activity the convicted employee was working,unless the Federal agency (a) The grantee certifies that,ass condition of the grant,he or she will not
has designated a central point for the receipt of such notices. Notice shall engage in the unlawful manufacture,distribution,dispensing,possession,
include the identification number(s)of each affected grant; or use of a controlled substance in=ducting any activity with the grant;
(b) If convicted of a criminal drug offense resulting from a violation
(f) Taking on of the following actions within 30 calendar days of receiving occurring during the conduct of any grant activity,he or she will report the
notice under paragraph(d)(2),with respect to any employee who is so conviction,in writing,within ID calendar days of the conviction,to every
convicted— grant officer or other designee,unless the Federal agency designates a
(I) Taking appropriate personnel action against such an central point for the receipt of such notices. When notice is made to such a
employee,up to and including termination,consistent with the central point,it shall include the identification number(s)of each affected
requirements of the Rehabilitation Act of 1973,as amended;or grant,
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for such purposes
1. 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,contimation,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 Forrn-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.subgrants,and contract wider 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 510,000 and not more than 5100,000 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 510.000 and not more than$100.000 for each such failure.
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