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HomeMy WebLinkAbout972303.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT WITH CITY OF GREELEY FOR ADMINISTRATION OF GRANT FUNDING FOR GANG RESISTANCE AND EDUCATION TRAINING AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Intergovernmental Agreement for Administration of Grant Funding for Gang Resistance and Education Training between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriffs Office, and the City of Greeley, commencing on full execution of said agreement, and ending June 30, 1998, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement for Administration of Grant Funding for Gang Resistance and Education Training between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the City of Greeley be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of October, A.D., 1997. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COOLRADO ATTEST: at fr 41.,7,,st / ate" � '' ' Georg . Baxter, Chair Weld Count .Q i �fl _1" „ , nstance L. Ha- a ro- em BY: ' ' 0-! vs f Deputy Clerk+. .0 • Dale K. Hall APPR D AS FORM: ,t ra J Ki kmey ���drL U Barbara J. Kirkmey bi 4 VI unty tt ey �i � W. H. W tsiW 972303 �� bfk-) " tree/e/ S00015 INTERGOVERNMENTAL AGREEMENT FOR OVERSIGHT BY AND COOPERATION WITH THE CITY OF GREELEY FOR ADMINISTRATION OF GRANT FUNDING FOR GANG RESISTANCE AND EDUCATION TRAINING(G.R.E.A.T.) THIS AGREEMENT made this o2i7d day of ice-to be t- 1997, by and between the CITY OF GREELEY, a Colorado municipal corporation ("Greeley"), and the WELD COUNTY, COLORADO, SHERIFF'S OFFICE ("WCSO"), for oversight and administration of grant funding for GANG RESISTANCE AND EDUCATION TRAINING("G.R.E.A.T."). WITNESSETH: WHEREAS, the City of Greeley has entered into a COOPERATIVE AGREEMENT NO. 97288224 with the United States Bureau of Alcohol, Tobacco and Firearms ("Cooperative Agreement"), which Cooperative Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, sets forth the responsibilities for implementation and continuing operation of the gang prevention task force known as Gang Resistance Education and Training ("G.R.E.A.T.") in the City of Greeley, Colorado, and; WHEREAS, the parties and each of them desire to act in accordance with the Cooperative Agreement and in the best interest of the public health, safety and welfare through implementation and operation of the G.R.E.A.T. program, and; WHEREAS, said Cooperative Agreement specifically sets forth the responsibilities of the City of Greeley, through its police department, which responsibilities are specific conditions of the allocation of grant money by the federal government for the G.R.E.A.T. program, and; WHEREAS, the specified responsibilities include obligation by the City of Greeley to administer the grant program for itself as well as the police department of the University of Northern Colorado, the Weld County Sheriff's Department, and the police departments of the cities of Evans, Platteville and Ft. Lupton, Colorado; WHEREAS, the total of federal funds available through this grant is $70,000, which amount is to be divided pro rata among the listed departments based on the respective jurisdictions' population of seventh grade students, as described in the tabulation attached hereto as Exhibit"B" and incorporated herein by reference, and; WHEREAS, the Greeley City Council has authorized the City, through the Mayor, to enter into the Cooperative Agreement; NOW,THEREFORE, in consideratiaon of the following mutual promises and covenants, the parties acknowledge and agree as follows: 1. The City of Greeley, in accordance with the terms of the aforementioned Cooperative Agreement, is responsible for administration of the G.R.E.A.T. grant funds in accordance with that Agreement. 2. WCSO, as a department/jurisdiction participating in receipt of G.R.E.A.T. grant funding, acknowledges and agrees that, as a result of such funding, it is subject to oversight and administration of G.R.E.A.T. funding activities by the City of Greeley. 3. WCSO agrees to abide by the terms of the referenced Cooperative Agreement and act in accordance therewith and in accordance with the fund designation(s) contained in the attached Exhibit "B"under the supervision of the City of Greeley. 4. It is specifically understood and agreed that neither the federal government nor any agency thereof is a party to this Intergovernmental Agreement, and no third party accrues rights or benefits from or to any terms, covenants or conditions of said Agreement, either as a party or a third-party beneficiary. 5. The parties further understand and agree that, in accordance with the designated expiration of the Cooperative Agreement, this Intergovernmental Agreement is in effect for a specified period of time, ending June 30, 1998. DATED this 04,e1.- day of a0 } , 1997. THE CITY OF GREELEY, COLORADO WELD COUNTY, COLORADO • a municipal corporation, a body corporate and politic by and by and through the City Council through the Bd. of County Comm'rs By: j/ 'Chair Georg, E. ter (10/22/97) • �; ♦ fiFGl ra < 7 Le,/ v 4L7,)E;STx ATTEST:. iteeits°e . Y Clerk to the APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: B . �� y: City Atto ty At ey APPROVED AS TO SUBSTANCE: APPROVED AS TO SUBSTANCE: 1ALAN- 4/1 ity 1Gianager Couffty Finance it c r AS TO AVAILABILITY OF FUNDS: WELD CO. SHERIFF'S DEPT.: Director of Finance Sheriff/ GREELEY POLICE DEPARTMENT:La Chief of Police • • . DEPARTMENT OF THE TREASURY --�'' BUREAU OF ALCOHOL, TOBACCO AND FIREARMS y,' WASHINGTON, D.C. 20226 COOPERATIVE AGREEMENT NO. 97288224 BETWEEN CITY OF GREELEY, COLORADO 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 Greeley Police Department, Greeley, CO (LOCAL GOVERNMENT). This Agreement sets forth the responsibilities for the implementing and continuing operation of the gang prevention task force known as Gang Resistance Education And Training (G.R.E.A.T.) in the city of Greeley, CO. 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 continued operation of the G.R.E.A.T. Program. The period of performance begins when the Cooperative Agreement is signed by the Cooperative Agreement Officer(CAO) and ends June 30, 1998. 3. SCOPE OF WORK In the Treasury, Postal Service and General Government Appropriation Bill of 1997, 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. EXHIBIT COOPERATIVE AGREEMENT NO. 97288224 G.R.E.A.T. is a taskforce which will utilize the skills of ATF, State and local law enforcement personnel, as well as individuals from community and civic groups,to develop a program that will educate 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 4. COOPERATIVE AGREEMENT PLAN During the effective period of this Agreement,the Phase I outlined in the Scope of Work will be accomplished as follows: A. RESPONSIBILITIES OF THE CITY OF GREELEY, COLORADO The city of Greeley, CO through the Greeley Police Department, will participate in the G.R.E.A.T. program task force 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 1,890 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 and any part of the next school year of the cooperative agreement period of performance. The lessons will be taught to seventh grade students within the following public school system: Greeley Police Department - 950 students Platteville Police Department- 90 students Evans Police Department - 280 students Weld County, CO - 260 students University Northern Colorado Police Department- 100 students Ft. Lupton Police Department - 210 students 2 COOPERATIVE AGREEMENT NO. 97288224 The LOCAL GOVERNMENT shall ensure that each locality listed above meet the stated minimum number of students and allocate funds accordingly. Under the terms of this cooperative agreement, ATF will not reimburse the LOCAL GOVERNMENT for any expenses incurred after June 30, 1998. 2. ATF is mandated by Congress to evaluate the G.R.E.A.T. program and a process and outcome analysis evaluation will be conducted each fiscal year. The LOCAL GOVERNMENT agrees 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 the LOCAL GOVERNMENT's control but only to the extent permitted by law. The LOCAL GOVERNMENT agrees to provide an officer part-time, to assist the G.R.E.A.T. program as a Team Leader. The LOCAL GOVERNMENT agrees to allow this officer to assist in the administration of the agreement for the police departments listed under 4.1. of this section. The LOCAL GOVERNMENT also agrees to allow this officer 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 each police department listed under 4.1 of this section to provide their own G.R.E.A.T program officer. 4. It is the responsibility of the LOCAL GOVERNMENT to plan, initiate and os 3rsee 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 3 COOPERATIVE AGREEMENT NO. 97288224 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 cost ceilings established in the Agreement. B. RESPONSIBILITIES OF ATF 1. a. ATF has allocated, to the city of Greeley, CO, $50,000 for the school based education component of the G.R.E.A.T. program. Allocated funds are provided to reimburse the LOCAL GOVERNMENT's cost incurred as follows: * Officers' time (regular and overtime) and shall not exceed 70% of total amount allocated under this Agreement. * 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 Government Travel regulations. Officers 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. * Expenses for G.R.E.A.T. promotional material such as pamphlets, bumper stickers, hats, T-shirts, buttons, pens and pencils. b. Reimbursements will be made only when provided a completed SF-270, Request for Advance or Reimbursement form, in accordance with the terms of 4 COOPERATIVE AGREEMENT NO. 97288224 this Agreement. c. Capital expenses such as computers, office equipment, and electronic and video equipment may be reimbursed after prior approval from the Government Technical Representative (GTR). Request for capital expenditures must be submitted in writing to the GTR. Request shall include the item(s) to be purchased,the amount of item(s), and a justification as to why such an expenditure is required and it's direct relation to the G.R.E.A.T. program. Capital expenditures shall not exceed 20%of total amount allocated under this Agreement. LOCAL GOVERNMENT must receive written approval from the GTR prior to the purchase and/or reimbursement for 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 his/her designee to monitor the project underway;to review and certify interim and final payment requests submitted by the recipient; to ensure that the Agreement funding ceilings are not exceeded; and to provide ATF with written recommendations on any proposed changes or modifications to this Agreement. C. PHASES II and III OF G.R.E.A.T. Funds allocated 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 that these phases will be accomplished shall be determined by the LOCAL GOVERNMENT. Implementation of Phases II and III must be in accordance with the following guidelines: 5 COOPERATIVE AGREEMENT NO. 97288224 Phase II The LOCAL GOVERNMENT will coordinate summer education/recreation activities set at community centers and/or other sites selected by the police department. The educational/recreational activities will be in support of Phase I of this Agreement. Additionally, the LOCAL GOVERNMENT will attempt to match available existing community programs and resources with G.R.E.A.T. students and graduates. phase III The LOCAL GOVERNMENT will endeavor to institute an education program for parents of young people 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 the third/fourth grade G.R.E.A.T. component. The LOCAL GOVERNMENT shall arrange with local area elementary schools, to schedule 4 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 and any part of the next school year of the cooperative agreement period of performance. The lessons will be taught to third and fourth grade students within the public school systems listed under Section 4.1. Under the terms of this cooperative agreement, ATF will not reimburse the LOCAL GOVERNMENT for any expenses incurred after June 30, 1998. 6 COOPERATIVE AGREEMENT NO. 97288224 5. OPTIONAL PERIODS OF PERFORMANCE a. The term of any cooperative agreement awarded to the LOCAL GOVERNMENT will have a performance period effective from the date agreement is signed by the CAO through June 30, 1998. The Government reserves the right to extend the term of the agreement additional years as shown below: Option Year 1: July 1, 1998 through June 30, 1999 Option Year 2: July 1, 1999 through June 30, 2000 Option Year 3: July 1, 2000 through June 30, 2001 Option Year 4: July 1, 2001 through June 30, 2002 b. Should Congress appropriate funds and ATF decide to exercise an option period, the LOCAL GOVERNMENT will receive a written notice from ATF stating our intent to exercise the option sixty days prior to the agreement's expiration date. c. When funds become available, and ATF has decided to exercise an option period, the LOCAL GOVERNMENT will receive a modification to this Agreement, advising that funds are available and the amount allocated to the LOCAL GOVERNMENT by ATF for that option year. 6. FUNDING, PAYMENT AND SUBMISSION OF INVOICES a. ATF will obligate and reserve the total amount of funds established 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, rather than vendors or contractors. ATF will not provide Federal funding in excess of the amount specified for each year the agreement is in effect in Greeley, CO. 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. 7 COOPERATIVE AGREEMENT NO. 97288224 • b. The LOCAL GOVERNMENT shall submit an original and two copies of all reimbursement forms. Reimbursements shall be submitted as follows: 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 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 FORM (Attachment II). The GTR's address is as follows: Bureau of Alcohol, Tobacco and Firearms ATTN: Peter Merenyi P.O. Box 50418 Washington, DC 20091-0418 c. The LOCAL GOVERNMENT also agrees to provide ATF with whatever payment information is necessary to transfer funds (electronic payment information, bank account numbers, etc.) to the LOCAL GOVERNMENT. c.l. The Debt Collection Improvement Act of 1996, Interim rule 31 Code of Federal Regulations part 208, effective July 26, 1996, mandates that Federal payments under this cooperative agreement will be made by: (a) Direct Deposit through the ATF's Electronic Certification System, (b) Exception: Department of the Treasury check(s) will be issued ONLY when the recipient certifies that the recipient does not have an account at a financial institution or authorized payment agent. c.2. The following applies only to Direct Deposit payments. The cooperative agreement recipient shall forward a completed SF-3881, ACH 8 COOPERATIVE AGREEMENT NO. 97288224 Vendor/Miscellaneous Payment Enrollment Form(attached),to Bureau of Alcohol, Tobacco and Firearms, Financial Management Division, P.O. Box 51071, Washington, DC 20091-1071, submit by fax to (202) 927-8622 or return with this signed modification. (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.3. The Financial Institution Information should be completed by the Payee's Financial Institution. (a) All payments will be made to checking or savings accounts, not lockboxes. (b) The Financial Institution's must list their pine 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). (c) 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. c.4. Any changes to information provided under paragraph b. shall be furnished to ATF at the address in paragraph b., 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. c.5. 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 9 COOPERATIVE AGREEMENT NO. 97288224 recipient's name. c.6 The following TOLL-FREE telephone number, 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 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 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, in accordance with State laws and procedures for expending and accounting for its own funds, such books, records, documents and other evidence that will accurately document all costs relating to this agreement. 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. 7. INSPECTION/ACCEPTANCE Inspection and acceptance of all supplies and services under this agreement shall be accomplished by ATF's GTR or his designee. 10 COOPERATIVE AGREEMENT NO. 97288224 8. MODIFICATIONS A request for modifications, deletions or additions to the 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 CAO. ATF reserves the right to make 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 disadvantages 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 grants and 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 including OMB Circulars 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-128 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: 11 COOPERATIVE AGREEMENT NO. 97288224 (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 dedication,assignment by ATF or such other 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 the statement of work set forth in this agreement are considered Official Products of Work, owned by the Federal government and held for the benefit of the public. (d) Publication of Official Products of Work Official Products of Work, quotations there from, paraphrasing, or disclosures of interim findings may not be published without the approval of the GTR for a period 60 days after acceptance of the product by the GTR. Thereafter, the LOCAL GOVERNMENT shall be free to publish without ATF approval. (e) Acknowledgment and Disclaimer All Official Products of Work, or any part thereof, and any Independent Products and Special Products arising out of 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." (f) Notice of News Release and Public Announcements Two copies of all press releases, formal announcements, and other planned, written issuances 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 12 COOPERATIVE AGREEMENT NO. 97288224 may not disclose any interim finding or quote or paraphrase any part of any Official Product of Work without complying with paragraph (e) 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 grant/cooperative agreement is considered to be sponsored by ATF only under the following conditions: a. The recipient of a grant/cooperative agreement is collecting information at the specific request of the agency; or b. The terms and conditions of the grant/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 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 deciding official in all disputes concerning this agreement, unless otherwise disposed of in a court of law. 13. 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, canceled or reissued as an order of 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 COOPERATIVE AGREEMENT NO. 97288224 14. 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 provided that all Federal funds received for the project by the LOCAL GOVERNMENT are refunded in full to ATF. 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. Such terminations may be the result of the failure of the recipient to start or complete the project in accordance with the agreement or for a violation of the agreement. All termination notices shall be made in writing by the CAO to the recipient. c. This agreement shall not be terminated by either party after the completion of the project and the issuance of final payment by ATF unless by mutual agreement. ._ . 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 acceptable to the CAO, the LOCAL GOVERNMENT will reimburse ATF for all funding provided by the agreement. b. The provisions of the paragraph 15a above will be exercised by ATF only after violation(s) of the provisions for G.R.E.A.T. has been established, and negotiations between ATF and recipient have not resulted in a mutually acceptable resolution. A written notice of Breach of Agreement must be issued by the CAO. 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 recipient at 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. 14 COOPERATIVE AGREEMENT NO. 97288224 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 John Krieger on(202) 927-8820. Mr. Krieger is located at 650 Massachusetts Avenue,NW, Room 3290, Washington, DC 20226. b. The Cooperative Agreement Administrator(CAA) is Charles J. Conrad on(202) 927-8686. Mr. Conrad is located at 650 Massachusetts Avenue, NW, Room 3290, Washington, DC 20226. c. The Government Technical Representative(GTR) is Peter Merenyi on 1-800-726- 7070. Mr. Merenyi's address is P.O. Box 50418, Washington, DC 20091-0418. 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 17.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, fills in details and otherwise serves to ensure that the tasks outlined in the agreement are accomplished in a satisfactory mariner. 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 15 COOPERATIVE AGREEMENT NO. 97288224 5. Interferes with the LOCAL GOVERNMENTS 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. 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.1. through 5. above,the LOCAL GOVERNMENT shall immediately notify the CAO at the beginning of the next Government work day. 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 in any of the requirements of 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 in the agreement price to cover any increase in costs incurred as a result thereof. The CAO shall be the only individual authorized to accept non-confirming 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 expenditure of public funds. 20. FORMS The following standard forms, which are provided, must be completed and submitted with the agreement: * SF-3881 ACH Vendor/Miscellaneous Payment Enrollment Form * SF-424 Application for Federal Assistance * SF-424A Budget Information - Non-Construction Programs (with instructions) 16 COOPERATIVE AGREEMENT NO. 97288224 The following forms,which are provided, must be completed and submitted with request for reimbursements: * SF-270 Request for Advance or Reimbursement (make copies as needed) *Attachment II Travel Reimbursement Sheet(make copies as needed) The following form, which is provided, must be completed and submitted quarterly: *Attachment III Progress Report(make copies as needed) LOCAL GOVERNMENT's signature Date ATF's COOPERATIVE AGREEMENT OFFICER's Date signature 17 July 3, 1997 G.R.E.A.T. GRANT TOTALIDIALEEDERALIflO No Local Match Required SALARY REiMRTTILSEMF,NT - $49,000 (70%) 7th Grade Students % of Students Pro-rated share Training Class Total Salary Reimbursement Greeley 950 51.4% $19,018 $ 2,000 $21,018 Evans 280 15.2% 5,624 2,000 7,624 WCSO 260 14.1% 5,217 2,000 7,217 Ft. Lupton 210 11.4% 4,218 2,000 6,218 Platteville 90 4.8% 1,776 2,000 • 3,776 UNC 58 3.1% 1,147 2,000 3,147 TOTAL 1,848 100% $37,000 $12,000 $49,000 TRAINING TUITION AND SUPPLIES - $21,000 (30%1 2-week class tuition estimated at $1,500-$2,000 each (x 6 officers) $12,000 Miscellaneous supplies and promotional items 9.000 TOTAL $21,000 EXHIBIT • Hello