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HomeMy WebLinkAbout1997 Ordinance No. 053' '· . • 10 b ii ~(J(p -97 ORDINANCE NO . ti!J SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO . 55 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS AND THE CITY OF ENGLEWOOD FOR THE IMPLEMENTATION AND CONTINUING OPERATION OF THE GANG PREVENTION TASK FORCE KNOWN AS GANG RESISTANCE EDUCATION AND TRAINING (G .R.E .A.T .) PROGRAM IN BOTH PUBLIC AND PRIVATE SCHOOLS IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the DARE Program has been successfully taught by Englewood Police personnel to 7th graders in both public and private Englewood schools for several years; and WHEREAS , given the continual concern with the potential spread of gang- related problems in this, area, it has been recommended to the Englewood Schools administration that the DARE Program be supplanted with the G.R.E.A.T. Program at the 7th grade level; and WHEREAS , with the passage of this Ordinance there will establish a legal relationship between the Bure au of Alcohol, Tobacco and Firearms (ATF) and the City of Englewood for the impl ementation and continuing operation of the gang prevention task force known as Gang Resistance Education And Training (G .R.E .A.T.) Program in the City ; and WHEREAS , the Superintendent of Englewood Schools has already signed off on this concept and implementation will hopefully begin during the 1997-1998 school year; and WHEREAS , the Safety Services personnel costs formerly attributed to providing DARE at the 7th grade level will be directed toward the G.R.E.A.T . Program; and WHEREAS, the G.R.E.A.T . grant will cover a portion of personnel, training and material costs with no matching funds required to secure the grant; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The intergovernmental agreement between the United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms and the City of Englewood for the implementation and continuing operation of the gang prevention task force known as Gang Resistance Education and Training (G.R.E.A.T.) Program in both public and private schools in the City of Englewood, Colorado , a copy of which is marked as Exhibit A and attached hereto, is hereby approved by Englewood City Council. -1 - Section 2. The Mayor and City Clerk are hereby authorized to sign and attest said Agreement on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 16th day of June, 1997. Published as a Bill for an Ordinance on the 19th day of June, 1997 . Read by title and passed on final reading on the 7th day of July, 1997 . Published by title as Ordinance No. 53, Series of 1997, on the 10th day of July, 1997. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true cop:v:if the Ordinance passed on final reading and published by title as Ordinance No. :23_, Series o 997. -2- . ·' • 1. PURPOSE DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL. TOBACCO AND FIREARMS COOPERATIVE AGREE!vfENT NO. 97288204 BETWEEN CITY OF ENGLEWOOD, COLORADO and BUREAU OF ALCOHOL, TOBACCO AND FIREARMS The purpose of this Cooperative Agreement (Agreement) is to establish a legal relationship between the Bureau of Alcohol, Tobacco and Firearms (ATF) and the Englewood Police Department, City of Englewood, 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 Englewood, 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 1995, 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. 1 ~ x H .f B I T A COOPERATIVE AGREEMENT NO. 97288204 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 Phase II Phase III School-Based Education Summer Education/Recreation 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 ENGLEWOOD , COLORADO The City of Englewood, CO , through the Englewood 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 350 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 Englewood, CO public school system. Under the terms of this cooperative agreement, ATF will not reimburse the LOCAL GOVERNMENT for any expenses incurred after June 30, 1998. 2 COOPERATIVE AGREEMENT NO. 97288204 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 during each fiscal year. The LOCAL GOVERNMENT agrees to permit evaluators designated by A TF 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 1'n~gitureiiHal st.Yey is alss f!art sf the 0Yaduatioa flFOeess ena aeeess te sfl:lden! se:fiool files , cliseif'liaary reeores , ene re la-tee j HveHile eriffie re13orts is aeeessa:ry for a eol'Flrirea0asiv0 eveduatioa. Therefere , the LOCAL GOVERnME?~T mt'.I'St l'revicle aeeess !e sue:fi reeercls viithin the LOCAL GOVER}(MENT's e~ntrol el:tt oft:ly to Hle eJfteHt f'0f'ffiiffeci B)' ltl'H . 3. It is the responsibility of the LOCAL GOVERNMENT to plan, initiate and oversee the completion of the G.R.E.A.T. program; to prepare quarterly progress reports and guarterlv requests for pavments; to certify the accuracy of contractor and vendor billings ; to ensure the cost efficient and timely completion of the project; and to immediately notify A TF 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 A TF 1. a. ATF has allocated , to Englewood, CO , $10 ,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. 3 * * * * * b. c . COOPERATIVE AGREEMENT NO. 97288204 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. Reimbursements will be made only when provided a completed SF-270, Request for A dvance or Reimbursement form, in accordance with the terms of this Agreement. 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 t o 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. 4 COOPERATIVE AGREEMENT NO. 97288204 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 A TF with written recommendations on any proposed changes or modifications to this Agreement. C. PHASES II and III OF G.R.E.A. T. Phase II 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: 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 ofthis Agreement. Additionally, the LOCAL GOVERNMENT will attempt to match available existing community programs and resources with G.R.E.A.T. students and graduates. 5 COOPERATIVE AGREEMENT NO. 97288204 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 Englewood, CO public school system. Under the terms of this cooperative agreement, ATF will not reimburse the LOCAL GOVERNMENT for any expenses incurred after June 30 , 1998. 5. OPTIONAL PERlODS 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 A TF decide to exercise an option period, the LOCAL GOVERNMENT will receiv e a written notice from ATF stating our intent to exercise the option sixty days prior to the agreement 's expiration date . 6 COOPERATIVE AGREEMENT NO. 97288204 c. When funds become available, and A TF 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 A TF for that option year. 6. FUNDING, PAYMENT AND SUBMISSION OF INVOICES a. A TF 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-2 70, 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 Englewood, 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 A TF . 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 REI1\1BURSEMENT 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 7 COOPERATIVE AGREEMENT NO. 97288204 c. The LOCAL GOVERNMENT also agrees to provide A TF 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 ) Ex ception: 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 Vendor/Miscellaneous Payment Enrollment Form (attached), to Bureau of Alcohol, Tobacco and Firearms , Financial Management Divi sion, P .O. Box 51071 , Washington, DC 2 0091-1071 , 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 N umber (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 nine digit American Bankers Association (ABA) identifying number. This number is used for the routing of direct deposited funds . (Provide this number only if the receiving financial institution has access to the Federal Reserve Communications System). 8 J 3.:J viNvs ·s 0 I '·' I I I 'I 0 .... ... N ...... ~N +N N ... ... ... ~ .... ll>Z I I I I I I I I ' I ! i ! I! !1 I I i ! 1· :i ; i I I I I I I I ! e ~I -· --~ -:; ,,. \ \ . '5 t"~ . ,:;; ~ ~ \ S. SANTA FE OR • ' 1---------------------.;..----------------~,,,;---~· "-.· -'----U'l"'""" ~~~ ·~ 43 LF CONCR ETE SADDLE I EX . >~·? "~ ~cc~~~~~~~~~~~~-~~~~i_/·~~:=~~~::~;~-~~=~~i=~~~;~~ ~~-..:'-""' -' ..::::::'.-~===---~--°=-===~~~ ~+;:---.----r--::·~=~-.. ::====== --=------385...00 I . --------;---.--, . ",.. ..wL--1.. . , ~''~/'·'" S3 r P.c l~H• , , ......,.... ________ _ . f / ~-, 1 >:\i.' \·: , ~t . ..i -, 1 I • I 1 .,~ .. ,,,,~ ,'.'.~. ., \. :x1sr 1N:". sn rRrteHT :SB LRT , ,..__. 88 ~•'\ ---. NB LRT ~ F-3 7 \·\; . ::r.:: 86 0 +< ·,.·.·: .. : :.MAIN TENANCE ROAi> =:~: :-~~-~?~:::~_:?~! '-tx rSTING 16 \ SAN IT ARY LINE. SEE OWGS. \ '.:_::0~ ... ~~-~ '-··'-'°" ...... -.... ~. S~2008 \ANO.,SWOU4001 FOR DET AI LS. \ "::~:i.°5-.. '~. 1 " ·-. \<_.,_ --·.·,.-~ TABULATION OF QUANTITIES ITEM QUANT I TY SAOOLE 116 " DIA .> a 10 LF TRENCHING , SHORING . ANO BACK FI LL . NOTES: 1 . 16" SANITAR Y CROSSES BNSF TRACKS AT I.IP 729...0926 ANO UP TRACKS AT IF 7+4098 . z. SHORING ANO /OR TRENC H SUPPOR T BY TH E CONTRACTOR SHALL NOT BE PAID FOR SEPARATEL Y. BUT SHALL BE INCLUDED IN THE COST OF THE WORK. 3 . EL EVA TIONS FOR BORING LOGS ANO POTHOLE S ARE EX IS T ING GROUND UNLESS STATED OTHERWISE. 4. THE SAN IT ARY L INE L IES CLOSE TO AN EXISTING 2" GAS LINE WHICH IS SCHEDULED FOR PROTEC T ION ANO/OR RELOCATION BY PSCo AFTER APRIL· 1997. THE CONTRACTOR SHALL COORDINATE THE WORK WITH PSCo.!JUSTIN CISLAGHI AT 294-2220> TO ENSURE THAT NE I THER HIS NOR PSCo 's SCHEDULE IS DISRUPTED. 5 . THROUGHOUT THE CONSTRU CTION. EXISTING F/O LINE !SPRINT> SHALL BE PROTECTED ANO SUPPORTED BY THE CONTRAC TOR IN ACCORDANCE WITH TH E STANDARDS ANO REOUIREMENTS OF SPRINT. SUCH PROTECTIVE MEASURES WILL NOT BE PAID FDR SEPARATELY BUT SHALL BE INCIDENTAL TO THE COS T OF OTHER CONTRACT WORK. - l!llLS.X!t. PH-iS PH-67 sv -5• PH-1901 PH-1902 OE:~!:RIPTION GAS LINE GAS LINE SAN JTART WANH0L[ CA S LINE SANITAR T SEWER ELUAllDI< 5310 .1780 5310. nzz 5308 .8116 5311 .38 531 1.37 ~ GA S. S CAS .S a. 1 · z• GA 1s · s. !ORINC r -37 ELE V: 53 15 . 7 f9?12i 8 ' FILL ~12 1 ' 25 /12 i_::ND __ z ~ SC 5 0 - 111 1 11 I "' I _, I ~: i II, ~ ~ I ~ i i ~ ~ ~ i ~ I ~ i I ~ I ~ e -- L..AU I I UN-r I D~rt I I . / J ; I C:" I . , I f • 1 STA' o~o <START OF woRK> i/ OPTIC LINES _, ./ .:;,·/ / ~: / '--/ ; ·. 1', AOOITIONAL J P~OTECTION UNDER EXISTING 1N 166BB96 •• 5B90. E 3142793:. 7248 "'= -· ~-r.of ~ 1 \ . TRACKS TO BEi COMPLETED BY OTHERS , /' / ·1: 1 :f 1 1 . :'E ; 1 1 '2__,_I ~ /'-UNDER FUT~Ej ~ONTRACT '/ ' ,;~· ,' ~· .::: . 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'\ I . I I . I . ' I I ' n~n i~o 2+-00 '~n •~n ! 11 1 I • '! I ·1 .I 11' I • -, • i i II I • II I I • I i • I I II I I ~ I ~ I II 18" STOAH COHJECTURAL LOCATION ITO BE FIELO-VERIFIEOI O.!i.EL.S:. ~AUi IUN-'l~tK U~I I~ L!Nt~ ,. 4iL-~:.-~~-1----:....~=·='~.•-..:~~----· -::'_ OP'RR ROW ' ____ ,:.. __ ,_,._ - ::·---:~---re---i:o1--rol--:o---rn---'"'~---re---r::---rc-+-:o---~-=-= ~~~_,_. ~--..T~----:J t..-:_~=-~~-=~-.;=-:-;;:::::-:~~=--...... --;0.-...-.1-J~i: _,,... ------=-=-=---~--=-=-=-=-_ ~u!~~E --~B-~13.~ ~c~i==-.,,.~---------:::_' -----~-1 _ T.T ~ ~-.;,.;...-:..=;-..:-=:-=_-~.:...:...::.:..:....=...:.:::...:..:_-~,;-z~ -::.:::..=._-_~ -_::-.=,;;:_ . FU.TUllL3RD tRACJC. __ ~~.=.:..:..:...-__ , __ ~.:--=-=..:-•-:.i-f\. .. ----:-· _______ -==--LY'\ 1----=._ ·:.: .= -· ---•---=..•'= = -,,,,_ .-_:.•_ ~ -=._ -_,,, ----o.---•!:lfflRIBNSF -R~·-= -""""· _;;-::.;,,~---455~0 FUTURE NB ERE IGHT · -··-· .;-.-,,..-« ---.-:. = uu,• .Exl-~ 7 IN; ,sa ~f\E; G~-;:_-----------------------'-:.. -~----------====--=---"=---------------------------== ----------..L....-~!URE~!...,h~T _________ .L__ _ _..L_ '-~ EXIS71NC NB F.'R~lGfiT/F'UTURE NB LRT ,. .~~ i :i;~., -~-~--L-~-~-~-L---~ .. I~ - 0 c . 'i f . . 'f,.J\1~ -.. -~ . . ---~--.:-----------------;~ ·~~~·\·=~~ _..,-------.:-=--=-'--__,,L ___ -_"":'-. ~~1 ___ !uru r ~ ;.\-·-_,:::::--' _ _,.-; -.,..-------.. --~--=';;.\=_""·~=_::..-~~:a.---·---·-=--BNSF RD,.!:;:~-=---"---=------=-i,-' ----- ---' "' ~_,,,.. ~~-----.... r---;-::\At-.¥ I~ • ~:" ... \i\I --~~_:::;:~-'.'"~ ~ ~· ' ff!'" '" --------------:::::;-~ '·~ I '·. 0 0 ((-.' ... --~ ~ ~ --------~_.:;...--~. ' --~_)>--~ l -< 1 '~ ADDITION PROTECTION UNDER EXISTING J, -\~ ' < f:. \(.. : / TRACK TD BE COMPLETED BY OTHERS \~; • ·.:/·· -:f '-rn "', S, / UNDER FUTURE CONTRACT '" ~~ ~\-~ '----------· / 0 .C ~ ~· ·-:--...;~~ .........,__~ TABULATION OF QUANTITIES NOTES: ~ PH-<5 PH-46 PH_.7 PH-48 orsCRIPTl!lll l 01 ITEM QUANTITY [Qi CONCRETE SADDLE C 1 B" DI A. l• 66 LF • INCLUDES TRENCHING. SHORING. ANO BACKFILL. e 1. 18" SANITARY CROSSES BNSF TRACKS AT MP 730+2523 AND UP TRACKS · AT MP 6+2372. 2. SHORING ANO/OR TRENCH SUPPORT BY THE CONTRACTOR SHALL NOT BE PAID FOR SEPARATELY. BUT SHALL BE INCLUDED IN THE COST OF THE WORIC.. 3. ELEVATIONS FOR BORING LOGS AND POTHOLES ARE EXISTING GROUND UNLESS STATED OTHERWISE . 4. EXISTING GAS MAIN AND FIBER OPTIC LINES <QWEST AND SPRINT! SHALL BE PROTECTED ANO SUPPORTED BY THE CONTRACTOR IN ACCORDANCE WITH THE RESPECTIVE AGENCY'S STANDARDS ANO REQUIREMENTS. SUCH PROTECTIVE MEASURES SHALL BE INCIDENTAL TO THE COST OF OTHER CONTRACT WORK. BORING F~6 ELEV . 52!9.5 CAS LINE CAS LINE GAS LINE CAS LINE SOR INC P-Z9 ELEV. 5295, 7 20112 I 201 14 ' ·r ILL ;; U/12 13' CLAYEY ;: 1ZI 1 t '"~ I"' SANO :: SANDSTONE 1..' 44/1 z I :: 5 /1 BEDROC~ J' SANDSTONE ~/1 BEDROCK e - ·ti, · · ··M 4 -· ·::> (). -~)\J r·· , "'~~)~:-d . .!~.I (1 r :i vn::-..s (l "I ··~'-::-:-! ....... ., . • • .. " ~ J Z...J 0 -u ,__ '.:lt-.. a.. uo '··. '•. "°"·~ -\ \ ... . :l .. (( ·v i I I nza: 1 · ..,..,a Ill u.. ,_ u • - '.:>\DO a:-o ,_ "' Ill a:'.:) zwm O> 3' UO\/l 0 ~ N "' ,.., .,, .,, ' I ' 0 0 0 0 "' "" ,.., N N .,, Ill Ill I ~ ~ I ~· I ~ I ~ I Ill I ~ I i ~ Ill i "' I I ~ I llj I Ill I i ~ I :)] 0 [Q 0 S. SAN I A n:. u•'-E~0 iST 0I~G~1~~ S~N~~~~~c.~~N~~uuSEE u~~;S. ~ ,~~ ·~ \o. ce»t.JECTURAL LOC•Tlr»< SWBU2008 ?<NO SW8U4001 FOR DETAILS . ~ . · " I TC BE FIELO-VERIFIED I""\ !' ' ~ ttPAR ROW _ ----~-CAUTION-FIBER_E~!E LINES '7\• -.:·i ;. ---\ ___ -· -:-;;;-___ -;,.:_ __ ,0 ---·· -.~~~~~~~=:~~~=~=~~~~~?i~:~:'-~~~~=~E~-=~~~f;_,;;~~~~~~~=~-~~~_, ·~ -~ --=-:;-::~~-~-~-:;._--~~.::..:..:::_:;:.-~t•i ,\ .~ F'UTURE JRO ,TRACK : o : --------~r------------------~-~-----...l.-.----------l--=--r.----r----~-~--==----------L___...1...-_~--==-------- 385-<-00 . I I ----------.---:-----------. <; C, ; . . • ' ~:<IS/ING-~R~l--, ---.--------------- I I I o I I t ' • -. I\ f' \ '1' ' I t · ' ' ' ' ' t'0.~\"'> ~ \~;. ' -:----·---· . ' . . . ' ' . . ' (-:."''·-· ,.,,_ ' ' ::x1::;;1N:; Ne ~RE IC HT / F.UTURE SB LRT ' . C t,___ . . . . f ~.\\ill~ ~ 1 :.1 •1 ':. . J.. PUTURE NB LRT , -~--~-~--L-~-~-~~~-~-~-_J._-~-~+~y-~-~~~-~-~ ~-~-~---1--~-~-~L ~-~-~--;- ... :" _::..2~:::;·~ ~~· ~ --: ---: TABULATION OF QUANTITIES ITEM I QUANTITY CONCRETE SAODLE <16 " OJA.> • 43 LF POTHOLE I 4 HR l/F -37 855+-00 ~'d\\~;;, '~ °;\'~: 86 0;.{ AOOJTIONAL PROTECTION UNDER EXISH-NG ,,\"1°7 i~ ,i;)q TRACK TO BE COMPLETED UNDER BY OTHERS ::;'" I<! s ~' :. 7 - NOT ES : 1. 16 " SAN! TAR Y CROSSE S BNSF TRAC KS .AT MP 729-<-0926 ANO UP TRACKS AT MP 7+.4098. 2 . SHORING ANO /OR TRENCH SUPPORT BY THE CONTRACTOR SHALL NOT BE PAID FOR SEPARATEL Y. BUT SHALL BE INCLUDED IN THE COST OF THE WORK . ~ PH..,;5 PH-67 SV-541 PH -1 901 PH-I 902 O~SC R IP T inN CA S LINE CA S L )N( SAN I T A.R Y MANHOLE CA S LINE SAN I TlR Y SEWER EllY!IllJll 5 3 10.1780 5310 . 11 ZZ 5308 .8116 5311.38 5J1 1.J7 Cll!M.!. CA S, s - CA S. s - 8 . r · : z· CA '. 15 . 5,1. • INCLUD ES TRE NCHING . SHORING. ANO BA CKFILL . 3. ELEVATIONS FOR BORING LOGS AND PO THOLES ARE EXI STING GROUND UN LESS STATED OTH ERW I SE . 4. THE SANITARY LINE LIES CLOSE TO AN EXISTING 2 " GAS LINE WHICH IS SCHEDULED FOR PROTECTION ANO/OR RELOCATION BY PSCo AFTER APRIL. 1997. THE CONTRACTOR SHALL COORDINATE THE WORK WITH PSCo.!JUSTJN CISLAGHI AT 294-2220> TO ENSURE THAT NEITHER HIS NOR PSCo 's SCHEDULE IS DISRUPTED . 5. THROUGHOUT THE CONSTRUC TION. EXIS T ING F/O L INE <SPRINT> SHALL BE PROTECTED ANO SUPPORTED BY THE CONTRAC TOR IN ACCORDANCE WITH THE STANDARDS ANO REQUIREMENTS OF SPRINT. SUCH PROTECTIVE MEASURES WIL L NOT BE PAID FOR SEPARATELY BUT SHALL BE INCIDENTAL TO THE COST OF OTHER CONTRACT WORK. 6 . LOCA T ION OF 16" SANITAR Y ANO 2" GAS LINE IS CONJECTURAL. CONTRACTOR SHALL POTHO LE TO VERIF Y LOCATION OF THESE UTIL I TIES PR I OR TO CONSTRUCTION. 1.-,---.. ·-·-·-' --.... _,, __ ·-.. ---·-------. -.. --.. ---.. ----'--· e e BORINC F-JT ELEV : 531 5. 7 f9/iz] B' FI LL z5 , 50/1 2 ~,-2--5 0 , ~NO--50 1 - -. i fl 5340 5330 5320 5310 e E ~ 1::.::.. t=-= !=-:-: F:= P:--:- §; STA. 0+00 N. 1656992.2900. E. 3139704 .2 300 I I 11 •' ~ e """ ,,,,,~~; \ - REMOVE EXISTING TAPPING SADDLE· GATE VA CONSTRUCT 5 LF 16' OJA. DIP !CLASS 53> REPLACE TAPPING SADDLE. 3.-~·;_::_: '-1H ··:::.>v =.~ _:.....:.__:._:_ ________ --::-,!-;;, __ =-------'!-)f ==-~=>{£_1~~ ~.~ =::---=---;::::: :::~::: ~6:;.J,.fu~ -- \\ ~ \i i ~ l\ ,, ~ ~J THRUST BLOCll I TYP. l n ~ ~ I I \ \~ ~~ \i \,- \~ ~ I ' ·'·., '-' \ ==============:::!::=============±==============::::==::.-:-:::::;:========t==============:=======::=======i==~F i ~---==:::::::_~ f=.___. -CONSTRUCT I ON DETAIL;~ ! I -: :.H _..:..~r:-:::---:---.:!: .:.....:::-·.·-.:: l__i1 _.::::_:.\_=---L ~~T .. __ J _ i -_ __J __ _ NTS f----I -:.._j__:_:_:__:_ r ---- i=====-1=-.. =r=. __ ::::== ____ =i=l···-=·---==i--=--·-=---EI--=-=--IE ___ = .... 3_=====-:==---_ -~_:=1 -::--~-·---1 -----=-i· _____ p _-_ -----1--------1---:,1~-;;:::::.-1 ·-=--F----;;'1'.--:::.-_ .:+:.-.:..::-_---~-------=-=1·-=-1 ....:-~--+----+-----+---_;..._ --·-<----.J.-L---____ .:__1 -------------,----· "'"°' .---LE-XIS·T.--16·---WATER MAIN --------·------ ~----1---1 ---.... ·-1 -----·1.::.::..:...::....:::::1__.::-_ __::.:::.. ___ _j __ : ___ __l_-·: --·---l .. -,-_::__j _:,:1F=---=-~:---i---· -NOTE:--: -----l . :_ -<... ; ,-----------fH:-:::.... __ : _____ __j ____ ;_ ____ ~.:_~l--····--:::..:___J_...::.·._.-_-_·--1-_....,_·_-__ _L ______ , ___ . ---THE ·5TAT-l'ONS.-ELEVA T !.::=-:.~=--=t-=-~ ~-~-~--:. _ -_-__ -:-::,_.:_--::·=--=_-t-__:_::_ --l _ __ _ , -i -------: -; .· -~-+-::-:-·-.:::-::-!-~-:;;1:;;1 ~-~_:.j :_ ___ -j--. P,IPLANIL:CASING_PflO T 1.:::.-:-___ ~_ ----1 -:: .:: .. -,.--------------1------. . 1. -l --.. I .. -----:.l---·1 _· __ :1. --. ·:··· .... _ _:1 -·-----1-VERIF:IED !BY THE"CONT ··----1 ·---- ·I ·· • ..:.."-ittE.:_T I Mi:-=;oF::fXCA°Vi< T-11 -1--:::-----r --·-~...:.:: . . ----: -:----! I :·· i -r---:---i-. 0+00 1-t-00 2+00 3+00 I NO . I Rtv1s10NS I BY I our ll~~s_1_GN:o BY :_ N.c .1. DATE: 1-z3_,1 1 CHEC(ED BY : CAT E: II RTD CONTRACT NO ~ J1-u1-101 I -:::::....-:=..!"---··---=--=-It(• ... ,,.._ ~~j~--=-=-~--:-=-=------::---=-:r----.-=-= =-.·-.-~ ·.-·-··~~"-.!~-----~~--------_ _ -=--___,... ··--·. '.;. UPRR I BNSF BOW ~3 ::.;;f!iO•"•"'· ~A t>· . '"~ ~c • ~~ '~r.,, FU.TORE ~RE ICR 1. -~ --' ----. -, --: ~)io5~ •. ~ ~:::'~~-~~~~~~~A:~---· ---------·----REi-s _______ .;. __ ..; 1 • , _ I -r--·u= _ \,\",;._ EXIS .7!1'1 : NB =REICi-'i/ t _;.__ ="==-b FUT~RE .N!l.J&,L ,,.J...l.~ FUTURE MTN. STATES SPUR soo:.Oo ' • '\i\'&_ .. -~ • EMSVE-TJE-!'5+1-ff6-rAPP-1-N&-S-ADDt:-Eo-VHE-=-~ ,----------------------------------------------r;;f ~,__S ;::Ui/ II'~ • r-JO~ VALVE ANO BOX (INCLUDING s· TAP), AN '? .,,,-,;~ ·~· ''"1 UTLJRf--, 'N S r \7'/ CONTRUCT 5 LF 16" DIA. DIP !CLASS 53 . ~ c. ~ ~-c,E:;' ;.-,z, -~ .,,,_,.., \' SPLJR "'TN.~ AT[o WATER MAIN ~EJ!Ef>LACE TAPPING SADDLE ~-_:-s~;;-:;,:;~~~~~::~~;~~;-~;~~~~~~~;_~~~~~~~,~-"~ ~-~}~~~~f;_~~ -' --:---'---------• • L ' "' • ~ S.""W(NOC-RMERE ST. • • i. iti 1..;i~ • _,,c.:'.'.'.:: ____ L __ .:'~-:-:;>-.c>"-;;=---~~ooin.;"-;~~~ -· l \ ' , __ ~IT JES 'i" ! j I ir 11 CONJ[CTURAL LOC.l T I ON t TO 8£ FIELD·YERIFIED'> .~-, i1" ., --, ABANDON E'X LSTJ NG 8" t I RE '.1,\\~Z , ,·,_;, . ', LINE AF"TER ~NST AL L I NG NEW ... ~i \~o \ ~\ iW, '-.PIPE !APPROX. 15 LF;r.-~~" l\iP' r-c i:. x, ,, _ i' •\o i::> \ \% '\. -. ----·, i \\'·~\J"' \ \ \"' ~ .,\ \' \\ ~ i J...::: \ , \ I " \\ \ I ~--_:;;\Ir' '. coNSTRUCT ~5 LF ~ \. ';~ ':. \\ '' 0 ' -a· 'DIP !CLASS 52l I \., ,;, 1 I\'.\ tlRE LINE. 1 \ '; ~ \ '.~ \ \ ~ \ A; · .. \' \ \ ), ;.; CONNECT NEW a· FIRE LINE \. \ \-~- '' \I "' TO \ EX : 16 • WATER MA IN \ _,. . ' '\ ;'f> ANO INSTALL NEW a· GATE \ \ ·;\ \-, VAL~~ND BOX. SEE OWG . ' .• 'o 1: SWBU2005 FOR DETAILS. · ~ -:'~_ L----_J NOTE S: .................... e.tu. rOll' Mall: 11MD 534·6700 c-.~,-­ t .•.C.-~ QUANTITY 1. PIPE CROSSING MTN. STATES SPUR LS AT APPROXIMATELY MP 728-+-0950 CBNStl AND MP 8~3950 CUPJ. ~ orscsrprtON PH-3 1 WATER LI NE ~ C~Ow~~.,r<.:.eN~T~S~~~~~~~~~- 5JZ7-5<81 W4T ER.STEEL.20·. 9 2" TOP or PIPE 5 LF 1 EA . ASS 52l • 45 Lt :~ASS 53 l • 5 Lt 1 EA 2 EA 1 LS 1 EA 1 EA 2. SHORING ANO /OR TRENCH SUPPORT BY THE CONTRACTOR WILL NOT BE PAID FOR SEPARATEL Y. BUT WILL BE INCLUDED IN THE COS T OF THE WORK • 3. ELEVATIONS FOR BORING LOGS AND POTHOLES ARE EX IS TING GROUND UNLESS STATED OTH ERWISE . 4. CONTRACTOR SHALL COORDINATE SHUT DOWN OF EXISTING WATER MAIN ANO FIRE LINE I IF REQUIRED> WITH THE CITY OF ENGLEWOOD !TOM BRENNAN (754-2 654>. AND ADJACENT PROPERTY OWNERS. 5. ABANDONED tl RE LINE SHALL BE CUT ANO FILLED WITH FLOWFILL OR SANO. THEN PLUGGED AT BOTH ENOS WITH LEAN CONCRETE . BACKFILL• ANO PAVEMENT :cs. J IREO FOR COMPLETE 'D BT: N.C. T. DATE : 1-23-'Jl '!.!.:._D.A.L . DATE : 1-217-11 CMEC{ED BT : I RTO CONTRAC T Ill. Jl-tJl-101 'I .. "'"'~ '"'"'""" ... ~' DATE : &~ROVED BT: DATE : ID•TE : JANUART 21 . 1997 I e e BORING r-.:io ELEV' !1.3.3!L7 T'U~ 24 112 6.50' SANO 50112 I -50/9 ~~ I .mv.uJrr: 11T11 1T1r:c:. Pi.ac:.r: ? 11~~~"!'.'R~. - • • UTILITY PROTECTION AGREEMENT THIS AGREEMENT, made this __ day of , 1997 , between CITY OF ENGLEWOOD , a municipal corporation of the State of Colorado , herein referred to as "City", and THE REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado, herein referred to as "RTD", for the purposes of providing design, engineering and construction of utility modifications required for construction of RTD's Southwest Corridor Light Rail Project Phase 2 and Line Segment 4 ("the Project"). The following is the project scope for the RTD Light Rail -Phase 2 and Line Segment 4: A. Future Mountain State Spur at Windermere and Stanford Avenue 1. Remove existing tapping saddle, gate valve and valve box (including 8" tap), and construct 40 lineal feet of 16" diameter ductile iron pipe (Class 53 ) with 30 lineal feet of 28" diameter welded steel casing on line of existing water main . 2. Connect new 8" fire line to existing 16" water main and install new 8" gate valve and valve box. Construct 45 lineal feet of 8" ductile iron pipe (Class 52 ) fire line . 3 . Abandon existing 8" fire line after new line installation. Abandoned line shall be cut and filled with flow fill or sand and plugged at both ends with lean concrete . Removal of existing fire line is also an option of the contractor. 4. All materials , licenses and labor required for complete installation and connection are to be paid by RTD . B . 16" Sanitary Main at West Kenyon Avenue. 1. Construct 53 lineal feet of concrete saddle over existing 16" sanitary line . 2. 16 " sanitary line crosses both Burlington Northern (BNSF) and Southern Pacific (SP) Railroad freight tracks. RTD Will handle license modifications and payment for licenses. C. 18" Sanitary Main at West Yale Avenue . 1. Construct 100 lineal feet of concrete saddle over existing 18" sanitary line which includes approximately 30 lineal feet of concrete saddle protection under existing Burlington Northern freight rail. 2. 18" sanitary line crosses both Burlington Northern (BNSF ) and Southern Pacific freight rails. Note: Southern Pacific will be Union Pacific approximately April 1, 1997 . RTD will be responsible for railroad license modifications and any payments for these licenses . E x H I B I T A D . Total cost for the two sanitary main protections on West Kenyon Avenue and West Yale Avenue will not exceed $55 ,00 .00 for Phase 2 and Line Segment 4 Projects . I. The City is the holder of License Agreements Numbers Yale -20801, 53-37061 , Kenyon - 21178 , 104986 Stanford -128511, issued by the Denver and Rio Grande Western Railroad or the Burlington Northern Santa Fe Railroad. II. RTD has entered into utility relocation agreements with the Southern Pacific/Union Pacific and the Burlington Northern Santa Fe Railroads ("The Railroads"), copies of which have been provided to the City, authorizing RTD to act as the coordinating entity for all required utility modifications for the Project on behalf of the Railroads , pursuant to any Li cense Agreements between the City and the Railroad. III . RTD and the City shall modify existing licenses which have been assigned to RTD , to require the parties to make every effort to coordinate and comply with either rail operations or in the case of the of the City to coordinate with t he operation of the City Ditch or water/sewer facilities. Only in the event of any emergency constituting a threat to the health, safety of the public would services of the other party be removed or damaged. IV . The City shall pay all agreed upon costs associated with the utility modifications within Railroad Right-of-Way, as defined in the Project Scope , Sections B , C and D above , required for the Project by the Railroads . RTD agrees to pay for all utility modification costs outside existing Railroad Right-of-Way associated with the Project. V . RTD will provide design services at no cost to City for all modification associated with the Project. The City shall be provided copies of all design and plans and shall review comment on all plans in a timely fashion , in no event, however, shall City be given less than thirty (30) days to review and comment on plans. The City shall signify acceptance of final plans by acknowledgment in writing. Utility modifications shall be constructed in accord with final plans reviewed and approved by the City except in case of and emergency. RTD reserves the right to make field changes as required on an emergency basis, however, every effort will be made to contact the City for approval if emergency changes are required . -2- • • • • • VI. RTD shall obtain a contract for construction s ervices for all utility modifications required for the Project based on competitive bidding. Following receipt of bids and selection of a contractor, RTD will provide a cost to City of construction costs , (including mobilization, surveying and ten percent (10%) contingencies)to be incurred (on a not to exceed $55 ,000 limit), as a result of the modifications to utilities owned by the City in the Railroad Right- of-Way, the City shall be responsible for paying fifty percent (50%) of cost within thirty (30) days of receipt. Additional costs must be agreed upon in writing by both parties . VII. RTD shall obtain a contract for construction services for all utility modifications associated with the Project which are outside of the Railroad Right-of-Way, as defined in the Project Scope , Section A above. RTD agrees to pay for all utility modification construction costs associated with the Project outside of Railroad Right-of-Way. VIII. RTD shall obtain written concurrence from the City for payment prior to implementation of any contract change orders affecting the City's utilities . IX . RTD shall provide all construction monitoring services to the City at no additional cost . The City shall have the right to have members of its staff present during construction, for inspection and consultation, upon notice to RTD provided that these representatives comply with RTD's health and safety plan while on the Project site . x . RTD shall have its Contractor(s ) include the City as an additional insured for this Project. XI. RTD shall provide two (2 ) sets of "as-built" plans to City upon completion of phased construction. XII. RTD shall provide final billing to City following receipt of a final bill from Contractor. City shall have the right to review all billings to RTD. City shall pay to RTD final balance remaining within thirty (30) days of receipt of t he final bill from RTD unless other arrangements have been agreed to in writing. Unpaid balances shall accrue interest at the rate of twelve percent (12%) simple interest per annum . -3- XIII. This Agreement does not supersede, cancel, or modify any existing License Agreements agreed upon. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD ATTEST : Thomas J . Burns, Mayor Loucrishia A. Ellis , City Clerk The undersigned authorized officer of The Regional Transportation District has read the foregoing License and agrees for and in behalf of said Regional Transportation District that it will accept and will abide by all the terms and conditions thereof. Approved as to legal form Marla L. Lien, Legal Counsel REGIONAL TRANSPORTATION DISTRICT John Clafin, Director Development and Engineering -4- • • • COOPERATIVE AGREEMENT NO. 97288204 ATTACHMENT I -1- a. It possesses legal authority to apply for the grant, that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required (SF-424 attached). b. It will comply with Title VI of the Civil Rights Act of 1964 (P .L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to execute this agreement. c. It will comply with the provisions of the Hatch Act which limits the political activity of employees. d. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those that have family , businesses or other ties. e. It will give the granter agency or the Comptroller General through any authorized representative access to and the right to examine all records, books, papers , or documents related to the grant. f. It will comply with 28 CFR, Part 66, Administrative Requirement for Grants and Cooperative agreements to state and local Governments concerning requirements of law, program requirements, and other administrative requirements. The regulations were published in Federal Register of March 11 , 1988 (pages 8034-8069 ). g. It will comply with the audit provisions of OMB Circular A-128 (Single Audits of State and Local Governments) and copies of each annual audit report shall be submitted to the appropriate cognizant agency and the Department of Education Regional Audit Office. The reports are to cover the period from initial award of the coope r ative agreement until all the work authorized in the agreement is completed and reimbursement from A TF received. h . It will ensure that the facilities under its ownership , lease or supervision which shall be utilized in the accomplishment of G.R .E .A .T . are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal granter agency 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 project is under consideration for listing by the EP A. i. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act , as they apply to law enforcement and educational institution employees of state and local governments . COOPERATIVE AGREEMENT NO. 97288204 ATTACHMENT I -2- j. Lll\1ITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (DEVIATION -DEPARTMENT OF THE TREASURY, NOV 1990) (JAN 1990) (a) Definitions. "Agency, • as used in mis clause, means executive agency as defined in 2.101. "Covered Federal action , • as used in this clause, means any of the following Federal actions: (a) The awarding of any Federal conuact. (b) The making of any Federal grant. (c) The making of any Federal loan. (d) The crucring into of any cooperative agreement. (e) The exiension , continuation. renewal, amendment, or modification of any Federal contract. grant. 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 EdUC:lrion Assistance Act (25 U.S.C . 4508) and include Alaskan Natives. "Influencing or ammpring 10 influence,· as used in this clause, means making, with the intent to influence , any communication to or appearance beiore an officer or employee of any agency , a Member of Congress, an officer or empioyee of Congress, or an employee of a Member of Congress in connection with any covered Federal action. "LocaJ govtmmtlll , • as used in this clause, means a unit of goverrunent in a State and. if chanered, established, or otherwise recognized by a State for the performance of a governmental ducy, including a local public authoricy, a special district, an intrastate district. a council of goverrunents, a sponsor group representative organization, and any other insuumentalicy of a local government. 0 0ffiur 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 appoinanent. (b) A member of the uniformed services, as defined in subsection 101(3), title 37 , United States Code. (c) A special Goverrunent employee, as defined in section 202, title 18, United States Code. (d) An individual who is a member of a Federal advisory commi=. as defined by the Federal Advisory Committee Act, title 5 , United SLateS Code, appendix 2. ·Pusan. • as used in this clause. means an individual corporation, company, association, authoricy , firm. parmer-ship, sociecy, State, and local government, regardless of whether such enticy is operated for profit. or llOl for profit. This term excludes an Indian tribe. tribal organization, or any other Indian orgartization 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. co mpensation 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 Goverrunent. ·Reasonable payme111 , • 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 scctor. "Reapit111 ,. as used in mis clause. includes Ille Contractor and all subcontractors . This term excludes an Indian tribe. tribal o rganization , or any other Indian organization with respect to expendirures specifically permi= by other Federal law. "Regularly employed,· as used in this clause. 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 worlcing days within 1 year immediately preceding the date oi the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who 1s employed by such person for less than 13 0 working days withi n 1 year immediately preceding the date oi me suom1ssion that initiates agency co nsideration of such person shall be co nsidered to be regularly employed as soon as he or she is employed by such person for 130 wo rlcing days. •start, • as used in this clause, means a State of the United Statcs, Ille District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States. an agency or insuumentalicy of a State, and multi·State, regional, or interstate enticy having goverrunental duties and powers. (b) Prohibitions. (1) Section 1352 of title 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 inr1uencing or attempting to inrluence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress. o r an employee of a Member of Congress in connection with any of the following covered Federal actio ns : the awarding of any Federal contract; the malcing of any Federal grant; Ille making of any Federal loan: the entering into of any cooperative agreement: or the modificauon of any Federal conuact, 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, gram, 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 (bXll 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 and legislative liaison activities not directly related to a covered Federal action. (B) For purposes of subdivision (b )(3)(i)(A) 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 rime 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 serv ices. conditions or terms of sale, and service capabilities. (2) Technical discussions and other activities regarding the application or adaptation of the person's products o r services for an agency 's use . (D) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action- (!) Providing any information not specifically requested but necessary for an agency to mai:e an informed decision about initiation of covered Federal action: (2) Technical discussions regarding the p reparation of an unsolicited proposal prior to its official submission: and (3) Capabilicy presentations by persons seeking awards from an agency pursuant ro 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)(i)(A) of this clause are permiacd under this clause. (ii) Professional and technical services. (A) The prohibition on the use of appropriated funds, in subparagraph (b )( 1) 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 or an extension, co ntinuation . renewal. amendment. or modification of a covered Federal action . if payment is for professional or technical services rendered directly in the preparauon. submission . or negotiation of any bid, proposal. or applicauon for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action . (2) Any 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 , amendment, or modification of a covered Federal acnon if the payment is for professional or technical services rendered directly in the preparation. submission. or negotiation of any bid, proposa.I, or application for that Federal action or for meeting requiremem.s imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees oil person requesting or receiving a covered Federal action include consultanlS and trade associations . (B) For purposes of subdivision (bX3 )(ii)(A) of this clause, "professional and teclutical services " shall be limited to advice and analysis directly applying any professional or technical discipline. The following cXlllllples arc not intended to be all inclusive. to limit the application of the professional or teclutical exemption provided in the law . or to limit the exemption to licensed professionals . For example, drafting of a legal docurncm accompanying a bid or proposal by a lawyer is allowable. Similarly , technical advice provided by an engineer on the performance or operational capabilicy of a piece of equipment rendered directly in the negotiation of a contract is allowable. However. communications with the intcm to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) arc not allowable under this section unless they provide advice and 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 curnplc, communications wi!h the intem to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspeclS of his or her client 's proposal, but generally advocate one proposal over ano!hcr are not allowable Wldcr this section because the lawyer is not providing professional legal services . Similarly , communications wi!h 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 negouation of a covered Federal action . (C) RequiremcnlS 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 docurnenlS . (0) Only those services expressly authorized by subdivisions (b)(3 )(ii )(A)(I) and (2) of this clause arc pcrmiaed under this clause . (E) The reporting requirements of FAR 3. 803(a) shall not apply with respect to paymenlS of reasonable compensation made to regularly employed officers or employees oi a person . (iii) Selling activities by independent sales representatives . The prohibition on the use of :ippropriated funds . in subparagraph (b )(I) of this clause, does not :ipply to the following selling activities before an agency by independent sales representatives , provided such activities arc prior to formal solicitation by an agency and arc specifically limited to the mcrilS of the maaer: (A) Discussing wi!h an agency (including individual demonstrations) the qualities and characteristics of the person 's produclS or services , conditions or terms of sale, and servico capabilities: and COOPERATIVE AGREEMENT NO. 97288204 ATTACHMENT I -3- (B) Technical discussions and other activities regarding the application or adaptation of the person 's produclS or services for an agency 's use. (c) Disclosure. (!)The Contractor who requeslS or receives from an agency a Federal contract shall tile with that agency a disclosure form. OMB standard form LLL , Disclosure of Lobbying Activities, if such person has made or has agreed to ma.Ice any payment using nonappropriated funds (to include profilS from any covered Federal action). which would be prohibited under subparagraph (b\(l) 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 !here occurs any event that materially affeclS !he accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (c)(I ) of this clause. An event that materially affeclS the accuracy of the information reported includes- (i) A cumulative increase of S25 .000 or more in the amount paid or expected to be paid for influencing or aaempting to influence a covered Federal action : or (ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal or action: or (iii) A change in the officer(s), employee(s), or Members(s) contacted to influence or aaempt to influence a covered Federal action. (3) The Contractor shall require the submiaal of a certification, and if required, a disclosure form by any person who rcqueslS or receives any subcontract exceeding Sl00,000 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 submiaed by the subcontractor. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor. (d) agreement . The Contractor agrees not to ma.Ice any payment prohibited by this clause . (c) Penalties. (I) Any person who ma.Ices an expendirurc 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 3 1 U.S .C .1352 . An imposition ofa civil penalty does not prevent the Government from seeking any other remedy that may be applicable. (2) Contractors may re ly without liabilicy on the represenwion made by their subcontractors in the cenification and disclosure fonn. (f) Cost allowabilicy . Nothing in this clause ma.Ices allowable or reasonable any coslS which would otherwise be unallowablc or unreasonable. Conversely , coslS made specifically unallowablc by the requiremcnlS in this clause will not be made allowable under any ocher provision. COOPERATIVE AGREEMENT NO. 97288204 ATTACHMENT I -4- k. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned cenifies. to the best of his or her knowledge and belief. that: (I) No Federal approprialcd funds have been paid or will be paid . by or on bchalfofthe undersigned, to any person for influencing or attempting to influence an officer or employee of an agency . a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract. the making of any Federal loan. the entering into any cooperative agreement. and the extension, continuation. renewal, amendment, or modification of any Federal contract. grant. loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer of employee of Congress, or an employee of a Member of Congress in connection with this Federal comract. grant. loan. or cooperative agreement, the undersign shall complete and submit Standard Form·LLL. "Disclosure Form to Repon Lobbying,· in aa:ordancc with its insuuctions. (3) The undersigned shall require that the language of this cenification be included in the award documents for all subawards at all tiers (including subcontractors. subgrants , and contract under grants . loans , and cooperative agreements) and that all subrecipients shall cenify and disclose accordingly. ThU cenification 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 SI0.000 and not more than SI00,000 for each such failure. Statement for Loan Guarantees and Loan Insur.mce The undersigned states. to the best of his or her lcnowledge and belief. that: If any funds have been paid or will be paid to any person for influencing or aaempting 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 Repon Lobbying,· in accordance with its insiructions . Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352. title 31. U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than SI0.000 and not more than S!00,000 for each such failure. I. 52.242-15 STOP-WORK ORDER (AUG 1989) (a) The Contracting Officer may , at any time, by wrinen order to the Contractor. require the Contractor to stop all. or any pan. of work called for by this contract for a period o f 90 days after the order is delivered to the Contractor. and for any funher period to which the panics may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the o rder. the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage . Within a period of 90 days after a stop-work is delivered to the Contractor. or within any extension of that period to which the panics shall have agreed. the Contracting Officer shall either- (!) Cancel the stop-work order: or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall malce an equitable adjustment in the delivery schedule or contract price. or both . and the contract shall be modified. in writing, aa:ordingly . if- (!) The stop-work order results in an increase in the time required for . or in the Contractor's cost properly allocable to. the performance of any apn of this contract: and (2) The Contractor asscns its right to the adjustment within 30 days after the end of the period of work stoppage: provided. that, if the Contracting officer decides the facts justify the action. the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop-wor order is not canceled and the work covered by the order is terminated for the convenience of the Government. the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default. the Contracting Officer shall allow . by equitable adjusanent or otherwise. reasonable costs resulting from the stop-work order. (End of clause) m. 52.217-8 OPTION TO EXTEND SERVICES (AUG 1989) The Government may require continued performance of any services within the limits and at the ratcS specified in the contract. These raies may be adjusted only as a resuit of revisions to prevailing labor rates provided by the Secretary o f Labor. The option provision may be exercised more than once. but the total extension of performance hereunder shall not exceed 6 months . The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Scheaule. COOPERATIVE AGREEMENT NO. 97288204 ATTACHMENT I -5- n. 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds arc no1 presem.ly available for lltis ronuact. The Government's obligation under Ibis romra.a is romingeru upon the availability of appropriated funds from which payment for ronuac1 purposes can be made. No legal liability on !he pan of the Governmem for any payment may arise until funds arc made available io !he Conuacring Officer for lltis conuact and until tile Co nuacior receives notice of such availability , IO be ronfumcd in writing by the Comracting Officer. (End of clause) o. 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT F1SCAL YEAR (APR 1984) Funds arc no1 preseruly available for performancc under lltis conuact beyond Sepiember 30, 1995 . The Govermncnt's obligation for performance of lltis rontract beyond that date is rontingeru upon tile availability of appropriated funds from which payment for rontract purposes can be made. No legal liability on the pan of !he Government for any paymeni shall arise for performance under Ibis ronuact beyond Sepiembcr 30 . 1995 , until funds are made available IO tile Comracring Officer for performance and until the Comract0r receives notice of availability. IO be ronfirmcd in writing by the Contracting Officer. (End of clause) p. 52.252-2 SOLICITATION CLAUSES INCORPORATED BY REFERENCE (JUN 1988) This contract incorporates one or more clauses by reference, with the same force and effect as IC they were ginn in full tm. Upon request, the Contnu:ting Officer will make their full ten available. (End of clause) q. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or rontract of any Federal Acquisition Regulations (48 CFR Chapter 1) clause with an authorized dCTiadon Is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any [111sut regulation name/ (48 CFR. •• ) Clause with an authorized dmation Is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) The following clauses are incorporated by reference: 52.232-25 PROMPT PAYMENT (MAR 1994) 52.232-33 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT (AUG 1996) . . COUNCIL COMMUNICATION Date Agenda Item Subject Federal Gang Resistance 10 a ii Education and Training June 16, 1997 Program (GREAT) Grant Initiated By Staff Source Safety Services Chris Olson, Deputy Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council Goal: Community Interaction Previous Action: Council has not taken any previous action on this issue. RECOMMENDED ACTION Staff seeks Council support for the attached bill for an ordinance accepting a grant in the amount of $10,000 from the Bureau of Alcohol, Tobacco, and Firearms, U.S. Treasury Department, to he lp fund the nationally accepted Gang Resistance Education and Training (GREAT) program in both public and private schools in the City of Englewood. -BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The DARE program has been successfully taught by Englewood police personnel to 7111 graders in both public and private Englewood schools for several years. Given the continual concern with the potential spread of gang-related problems in this area, it has been recommended to the Englewood Schools administration that the DARE program be supplanted with the GREAT program at the 7111 grade level. The Superintendent of Englewood Schools has already signed off on this concept, and implementation will hopefully begin during the 1997-98 school year. FINANCIAL IMPACT Personnel costs formerly attributed to providing DARE at the 7th grade level will be directed toward the GREAT program . The grant will cover a portion of personnel, training, and material costs. No matching funds are required to secure the grant. LIST OF ATTACHMENTS Proposed bill for an ordinance