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HomeMy WebLinkAbout09542ORDINANCE NO. 9542 AN ORDNANCE APPROVING AND ACCEPTING A COLORADO DEPARTMENT OF LAW PEACE OFFICER STANDARDS AND TRAINING (POST) GRANT, JULY 1, 2019 THROUGH MARCH 31, 2020, ESTABLISHING PROJECT NUMBER PS1909, TRANSFERRING FUNDS NOT TO EXCEED THE AMOUNT OF $6,358.76 FROM PROJECTS-TO-BE-DETERMINED IN THE PUBLIC SAFETY GRANTS FUND WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to accept funding from the Colorado Department of Law, Peace Officer Standards and Training (POST); and WHEREAS, the Colorado Department of Law, Peace Officer Standards and Training (POST) has tendered 2020 In-service Grant funding; and WHEREAS, acceptance of the funding for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare, and safety of the citizens of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Award of the 2020 Colorado Department of Law, Peace Officer Standards and Training (POST) In-service Grant funding is hereby accepted and approved in the amount of $6,358.76. SECTION 2. Project Number PS1909 is hereby established in the Public Safety Grants Fund. SECTION 3. The amount of $6,358.76is hereby authorized for transfer from the Projects To Be Determined Account in the Public Safety Grants Fund to Project Number PS1909. Said funds shall only be expended and used for this Project. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 5. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on August 26, 2019 . Final adoption of Ordinance by City Council on September 9, 2019 . President of City Council Action by the Mayor: □ Approved on . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-8 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: August 26, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Troy D. Davenport, Chief of Police SUBJECT: AN ORDNANCE APPROVING AND ACCEPTING A COLORADO DEPARTMENT OF LAW PEACE OFFICER STANDARDS AND TRAINING (POST) GRANT, JULY 1, 2019 THROUGH MARCH 31, 2020, ESTABLISHING PROJECT NUMBER PS1909, TRANSFERRING FUNDS NOT TO EXCEED THE AMOUNT OF $6,358.76 FROM PROJECTS-TO- BE-DETERMINED IN THE PUBLIC SAFETY GRANTS FUND SUMMARY: This ordinance accepts a Peace Officer Standards and Training (POST) Grant for the period from July 1, 2019 through March 31, 2020. PREVIOUS COUNCIL ACTION: Previous POST grants have routinely been approved each year. BACKGROUND: The Colorado Department of Law has informed the Pueblo Police Department that funds are available for a Peace Officer Standards and Training (POST) Grant. These funds will be used to purchase Training Batons and Baton Holders; Training Handcuffs (both hinged and chain cuffs); and 2 Red Training Long Guns. The term of this grant covers the period from July 1, 2019 through March 31, 2020. FINANCIAL IMPLICATIONS: This grant will require staff time for project management and reporting. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: There is no stakeholder process required for this grant. ALTERNATIVES: If City Council does not approve this Ordinance, the grant offer will not be accepted and the $6,358.76 will not be given to the Police Department for training needs. RECOMMENDATION: Approval of the Ordinance. Attachments: POST Purchase Order and POST Award Letter COLORADO DEPARTMENT OF LAW IMPORTANT og'c•- PEACE OFFICER STANDARDS AND TRAINING -"" PURCHASE ORDER (POST) * :' G.9 i * $ RALPH L.CARR COLORADO JUDICIAL CENTER The PO#and *1876 s LINE#must 1300 BROADWAY,9th FLOOR appear on all DEPARTMENT OF LAW DENVER,CO 80203 invoices,packing slips,cartons and PEACE OFFICER STANDARDS and TRAINING correspondence PO#: GAE LAAA GT202000000000000038 Vendor Name: Pueblo Police Department Vendor Contact: Michele Elba Start Date:July 01,2019 End Date:March 31,2020 Phone: 719-553-2475 E-Mail: mellis@pueblo.us Grant Type:In Service Ship To: Invoice To: Name and Pueblo Police Department Colorado Department of Law Addr200 S Main Street Peace Officer Standards and Training(POST) Pueblo,CO United States 81003 1300 Broadway,9th Floor Denver CO 80203 Instructions to Vendor 1 If for any reason delivery of this order is delayed beyond the Any questions regarding this PO should be directed to delivery/installation date shown,please notify the agency contact named postgrants@coag.gov at the top left.(Right of cancellation is reserved in instances in which timely delivery is not made.) 2. All chemicals,equipment and materials must conform to the standards required by OSHA. Instructions to Vendor: 1. Order of precedence:1)Purchase Order Terms&Conditions;2)Exhibit A Statement of Work(SOW)/Applicable Laws(Exhibit A). 2. Purchase Order Terms and Conditions: https://www.colorado.gov/osc/purchase-order-terms-conditions 3. Description: •This Purchase Order is to provide funds to Vendor to secure training equipment for the training of certified peace officers in the State of Colorado. See Exhibit A Statement of Work. • Payment will be made upon satisfactory delivery of goods and/or completion of training or services and receipt of a correct vendor Invoice and documentation of training attendance. • Vendor invoices must be received no later than sixty(60)calendar days from the delivery of goods and/or the completion of services and/or training.It is the responsibility of the Vendor to ensure that invoices are received at the Invoice To°location above within the time frame specified. ALL INVOICES FOR PAYMENT MUST BE SUBMITTED NO LATER THAN CLOSE OF BUSINESS of the March 31,2020,noted at the top of this document.ANY MODIFICATIONS OR EXTENSION MUST RECIEVE PRIOR AUTHORIZATION BY THE POST TRAINING MANAGER,OR DESIGNEE. • THIS PURCHASE ORDER IS NOT EFFECTIVE UNTIL SIGNED BY A STATE PURCHASING DELEGATE.UNDER NO CIRCUMSTANCES SHALL THE GOODS AND/OR SERVICES BE ORDERED OR PERFORMED PRIOR TO THE PO EFFECTIVE DATE,NOR EXCEED THE DOCUMENT TOTAL WITHOUT PRIOR WRITTEN AUTHORIZATION FROM THE DEPARTMENT OF LAW. DOCUMENT TOTAL= $6,358.76 Printed Signatory Name and Title THIS PO IS ISSUED IN ACCORDANCE WITH STATE AND FEDERAL REGULATIONS FOR THE STATE OF COLORADO Printed Name: `'f oyJ,� y�Q _.,r'-' Name:Kris Kellim Title: g/j�yj..0 9/( -1= i - Title:Contracts and Procurement Director Date: 7.4.9.,9 Date: S ` /7 `/ Vendor Signature: r/// State Purchasing Delegate Signature: EXHIBIT A STATEMENT OF WORK 1. Parties: This Purchase Order(hereinafter called "PO") is entered into by Pueblo Police Department (hereinafter called "Vendor"), and the STATE OF COLORADO acting by and through the Department of Law, on behalf of the office of Peace Officer Standards and Training (POST) (hereinafter called"State, or DOL-POST"). 2. General Description: a) Authority. Authority to enter into this Purchase Order exists in C.R.S.24-31-310 and funds have been budgeted, appropriated and otherwise made available pursuant to C.R.S. 42-3-304 (24) and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. b) Purpose. The purpose of this Purchase Order is to engage the services of the vendor to assist the Department of Law, on behalf of the Peace Officer Standards and Training (POST) office, with its statutory responsibility of providing law enforcement training and safety courses to certified Colorado peace officers. 3. Program Year/Effective Date. The program year(starting and ending date) is July 1, 2019 thru March 31, 2020. All purchase orders will begin on their effective date (signature date of the State Purchasing Delegate) and end on March 31, 2020. DOL-POST shall not be liable to reimburse the vendor for any performance, hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date or after the End Date set forth in the main body of this Purchase Order. 4. Project Description and Budget. The maximum amount payable under this Purchase Order to the vendor by the State is $6,358.76 for the following approved project activities: Project Activity Approved Budget Training equipment $6,358.76 TOTAL $6,358.76 5. Equipment. Equipment is defined as non-expendable personal property with an acquisition cost of $5,000 or more per unit and a useful life of more than one year. The vendor is required to document its procurement procedures and maintain this documentation in the grant records. Receipts or invoices with order and delivery dates are required for all equipment items. Vendors are allowed to follow the procurement requirements of the state or unit of local government as long as the requirements meet or exceed the state requirements listed below. Procurement procedures are required and must be maintained in the records of the grantee. 6. Inventory Procedures. If the vendor is purchasing equipment as a part of this Award the vendor must have an effective system of property management and controls to safeguard against loss, damage, or theft of equipment. Exhibit A-1 Adequate maintenance procedures must be developed to keep the property in good condition. The vendor is required to maintain a POST inventory form for equipment purchased, in whole or in part, with grant funds which contain the following information: • Description of item • Serial number and property inventory number • Date of purchase and delivery • Check or voucher number • Cost documentation, invoices, receipts • Equipment location • Present use • Condition • Disposition information 7. Reporting. Equipment purchased with state grant funds must be reported on annually. A POST equipment reporting form must be submitted to Susan Carter at susan.carter u_coag.gov for each equipment item by June 30th annually. This form provides the necessary disposition and retention information. Equipment records must be maintained for seven (7) years from the date the first annual report is submitted to DOL-POST. If any litigation, claim, or audit is started before the expiration of the seven (7) year period, the records shall be retained beyond the seven-year period, until all litigation, claims, or audit findings involving records have been resolved. 8. Disposition of Equipment. Disposition includes the sale or trade-in of equipment as well as the disposal of equipment and the end of its useful life. Disposition of equipment requires DOL-POST approval prior to the disposition. At the end of the grant award period, title to all equipment may vest in the vendor agency if the vendor certifies in writing that it will use the property for the same purpose areas under which the grant was made. 9. Procurement Procedures. Purchases of equipment and services shall be in a manner providing maximum open and free competition. Procurement shall be made by one of the following methods: • Small purchase procedures are those relatively simple and informal procurement methods for securing services, and supplies, that does not exceed $25,000 in the aggregate. If small purchase procedures are used for procurement under the grant, written quotes must be obtained and documented from at least three (3) qualified sources. These procedures are generally used for the acquisition of relatively small standardized items such as computers. • Competitive negotiation (request for proposal or other competitive process) is one method that can be used to procure goods or services that cost more than $25,000. A request for proposal (RFP) is publicized, negotiations are conducted with more than one of the sources submitting offers, and either a fixed-price cost-reimbursable type contract is awarded, as appropriate. The following requirements apply to competitive negotiations: • RFP's must be publicized and identify all evaluation factors and their relative importance. Any response to publicized RFP's shall be honored to the maximum extent possible. ExhibitA-2 • Proposals must be solicited from at least three (3) qualified sources. • Vendors must have a method for conducting technical evaluations of the proposals received and for selecting vendors. • Awards must be made to the responsible firm (individual) who proposal is most advantageous to the program, with price and other factors considered. • Competitive sealed bids (formal advertising) can also be used for procurement over $25,000. Bids are publicly solicited and a firm, fixed-price contract (lump sum or unit price) is awarded to the responsible bidder, whose bid, conforming to all material terms and conditions of the invitation for bids, is the lowest price. Procurement by sealed bids under a grant will be accomplished through the use of state purchasing procedures or an equivalent local established procurement procedure. • Non-competitive negotiation (sole-source justification) is procurement through the solicitation of a proposal from only one source or after solicitation of a number of sources when competition is determined inadequate. Prior approval by DOL-POST is required for all non-competitive procurement. 10. Payments. Payments shall be made in accordance with the provisions set forth in the Purchase Order and applicable State Controller Fiscal Rules and DOL-POST disbursement procedures. Payments to Vendor are limited to the unpaid obligated balance of the Purchase Order. Vendor shall submit a request for reimbursement within sixty (60) calendar days from the delivery of goods and/or the completion of services and/or training and no later than March 31, 2020. Unless prior authorization for an extension is granted by the POST Grant Manager or Designee. Payment requests must be submitted with cost documentation(receipts, invoices, canceled checks) and proof of attendance (if attending training). Lodging (hotel) receipts must be dated and itemized. 11. Grant Record Retention. All grant records must be retained for three (3) years after the end of the state fiscal year that includes the end date of the grant. For example, if the grant ended June 30, 2019 the state fiscal year would be July 1, 2018 to June 30, 2019. The files could be destroyed after June 30, 2022. Grant records include all financial records, supporting documents, statistical records, and all other records pertinent to the grant. Source documents include copies of the grant award, any required reports, accounting transactions, the general ledger, personnel and payroll records (if applicable to the award) and any related documents and records. 12. Applicable Laws. At all times during the performance of this Purchase Order, Vendor shall comply with all applicable State laws and their implementing regulations, currently in existence and as hereafter amended, including without limitation those set forth in this Exhibit. Laws, regulations, and authoritative guidance incorporated into this Purchase Order include, without limitation: • Department of Law, Peace Officer Standards and Training Continuing Education Grant Guidelines, available on the POST website. • State of Colorado, State Controller Fiscal Rules, available on the Colorado.gov website. • 24 CFR Part 85, Administrative requirements for grants and cooperative agreements to State and local governments and federally recognized Indian tribal governments. Exhibit A-3 • 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87). • OMB Circular A-133, Audits of State and Local Governments and Non-Profit Organizations. • Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, 44 CFR 13. • C.R.S. 24-31-310 Resources for the Training of Peace Officers. • C.R.S. 24-31-303 (1) Duties, Powers of the POST Board. • C.R.S.24-31-315 Annual In-Service Training Requirements. 13. Compliance: The Vendor agrees to be responsible for ensuring compliance with this Purchase Order Award Terms and Conditions and ensure that any equipment or ammunition purchased as a part of this Award will be used for training purposes only. Exhibit A-4