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HomeMy WebLinkAbout10094ORDINANCE NO. 10094 AN ORDINANCE APPROVING AND ACCEPTING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, THROUGH THE PUEBLO POLICE DEPARTMENT, AND FORT HAYS STATE UNIVERSITY, ADMINISTERED BY THE U.S. DEPARTMENT OF JUSTICE, ACCEPTING $53,186 FOR COMMUNITY POLICING DEVELOPMENT AND DE-ESCALATION TRAINING, AUTHORIZING THE MAYOR TO EXECUTE SAME, AND ESTABLISHING PROJECT NUMBER PS2113 WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to accept funding from Fort Hays State University for public and municipal purposes; and WHEREAS, Fort Hays State University in conjunction with the Department of Justice and in accordance with the Memorandum of Understanding (“MOU”) between Fort Hays State University and the City of Pueblo, has tendered an award in a total amount of $53,186.00 for the training of Officers in the concepts of community policing development and de-escalation, upon conditions recited therein or incorporated therein by reference; 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 Memorandum of Understanding (“MOU”) between the City of Pueblo, a Municipal Corporation, through its Police Department, and Fort Hays State University in conjunction with the Department of Justice, a copy of which is attached hereto and incorporated herein by this reference, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute and deliver the aforesaid MOU in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. Project Number PS2113 is hereby established. SECTION 4. All funds accepted under this Ordinance and the MOU shall be budgeted and appropriated into Project Number PS2113. SECTION 5. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance and the attached MOU to implement the policies and procedures described herein. SECTION 6. 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 December 27, 2021 . Final adoption of Ordinance by City Council on January 10, 2022 . President of City Council Action by the Mayor: ☒ Approved on January 12, 2022 . □ 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-1 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: December 27, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Chief Steven “Chris” Noeller, Police Department SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, THROUGH THE PUEBLO POLICE DEPARTMENT, AND FORT HAYS STATE UNIVERSITY, ADMINISTERED BY THE U.S. DEPARTMENT OF JUSTICE, ACCEPTING $53,186 FOR COMMUNITY POLICING DEVELOPMENT AND DE-ESCALATION TRAINING, AUTHORIZING THE MAYOR TO EXECUTE SAME, AND ESTABLISHING PROJECT NUMBER PS2113 SUMMARY: The U.S. Department of Justice (“DOJ”) has awarded Fort Hays State University grant funds for Community Policing Development and De-Escalation Training. The Pueblo Police Department has been selected by Fort Hays State University to be a sub-award recipient for a portion of those funds ($53,186.00), facilitating training in Community Policing and De-Escalation for officers of the Department. PREVIOUS COUNCIL ACTION: Previous grants of this nature have routinely been approved when offered. BACKGROUND: Fort Hays State University and the Central Region of the National De-Escalation Training Center had been awarded grant funding from the Department of Criminal Justice to participate in Community Policing Development and De-Escalation Training. The purpose of the program is to advance de-escalation training and community policing as common practices by law enforcement agencies across the United States. The concept of community policing has been around for many years and continues to be an integral part in the way policing is done, not only in our department and community but across the United States. De-Escalation is not a new concept to policing but this training will help Officers better understand the principles and practices of de-escalation so that the idea can be implemented and deployed properly in the field when dealing with stressful situations and the citizens of the community. The City of Pueblo and the Pueblo Police Department will be required to send Officers to Fort Hays State University to be trained in the principles and practices of community policing development and de-escalation. The City of Pueblo and the Pueblo Police Department will be responsible for payment to get the Officers to Fort Hays State University, which include things such as travel, food, and lodging, but will be reimbursed in full by Fort Hays State University when the training is completed. FINANCIAL IMPLICATIONS: This ordinance creates project number PS2113. The Police Department has been awarded a total of $53,186.00 by Fort Hays State University in conjunction with the Department of Justice. Part of the $53,186.00 will apply to any overtime associated with the training and FICA contributions related to the overtime. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: There is no stakeholder process required for this award. ALTERNATIVES: The alternative would be to not accept the grant and miss out on quality training that is being offered to the City and the Police Department at no effective cost. RECOMMENDATION: Approval of the Ordinance. Attachments: Memorandum of Understanding (“MOU”) between Fort Hays State University and the City of Pueblo FORT HAYS STATE s • NDTc• UNIVERSITY . Forward thinking. World ready. Community Policing Development(CPD) De-Escalation Training Center Sub-award Between the Parties Fort Hays State University And City of Pueblo, Colorado This Memorandum of Understanding(hereinafter"MOU") is entered into this 3rd day of February,2022 2021 by and between the Central Region of the National De-escalation Training Center(hereinafter"Central NDTC"), facilitated by the Department of Criminal Justice and University Police Department at Fort Hays State University (hereinafter"FHSU"), located at 600 Park Street, Hays, KS 67601, and the City of Pueblo through its Police Department (hereinafter"Agency"),a local law enforcement agency, located at 200 W. Main Street, Pueblo, CO 81003. Agency agrees to participate in the International Association of Directors of Law Enforcement Standards and Training(hereinafter"IADLEST")certified NDTC De-escalation Principles and Practice training program (hereinafter"Training"). This Training will be facilitated at no cost to Agency as a sub-awardee of the DOJ COPS Office Community Policing Development("CPD") De-Escalation Training(hereinafter"Program") cooperative agreement awarded to the Central NDTC at FHSU. Agency will not be subject to the terms of said cooperative agreement. The purpose of the Program is to advance de-escalation and community policing as common practices by law enforcement agencies across the United States in general, and the Central NDTC region specifically. As a sub-awardee, Agency understands and agrees as follows: The Agency acknowledges and agrees that this agreement and Agency's performance hereunder are subject to the terms, conditions, statutes, and regulations included in the prime award (cooperative agreement documents), all of which are further incorporated herein by reference. In addition,Agency further understands and agrees as follows: • Agency understands that through participation in this program,the Agency is a recipient of a sub-award, facilitated through FHSU, and that this sub-award is subject to and contingent upon receipt of adequate funding and continuation in the prime award by FHSU • Agency agrees for officers employed by Agency to be trained in the two-day IADLEST certified Training • Agency understands Training will be hosted at location determined by Agency • Agency agrees for up to four officers employed by Agency to be trained in the four-day IADLEST certified Train-the-Trainer workshop on FHSU campus o Agency understands participation of officers as trainers will be necessary for sustainability of the Program and to continue training officers employed by Agency • Agency understands that a percentage of the sub-award will include funding to advance community-policing initiatives— including but not limited to promoting de-escalation • Following completion of the Training, Agency agrees to provide the following data to Central NDTC for the purpose of evaluating the effectiveness of Training • Total number of uses of force per month • Defined as total number of uses of force reports filed • Report data back to January 2016, if possible • Total number of uses of lethal force per month • Total number of uses of conducted energy weapons (e.g., TASER)per month • Total number of complaints against officers per month • Total number of officers working within the department per month • Total number of calls for service for police department • Total number of proactive interactions (e.g., field interrogations or interviews, DUI stops, etc.) • Total Part I crimes reported to Uniform Crime Reporting("UCR") o Agency will report data through December 31, 2025 The amount of the Agency sub-award, approved by the Office of Community Oriented Policing Services (the COPS Office), is $53,186.00 and is to be provided to Agency on a reimbursement basis. Agency will provide FHSU with invoices for amounts spent on qualified expenditures, which FHSU will reimburse within forty-five(45)days. The sub-award includes: • Up to$44,232.00 for overtime necessary only for officers to complete face-to-face, and train-the-trainer workshop • Up to$3,384.00 will go to the Agency to cover the employer FICA contribution for overtime required for officers to complete training • Agency will receive up to$1,000.00 to advance community policing and de- escalation to the local community o Agency will seek approval of activity and/or marketing from Central NDTC before initiating activity and/or marketing • Agency will be reimbursed up to$4,570.00 for up to four officers to travel to Hays, KS, lodging, and per diem for train-the-trainer workshop on FHSU campus Agency will not be required to refund or reimburse any amounts of the subaward granted to Agency, except as may be required in order to comply with the requirements set forth herein. Nothing in this MOU is intended, nor should it be construed, to create any rights, claims, or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations conferred under federal or state law, including but not limited to the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S. This MOU and all other documents contemplated hereunder may be executed using electronic signatures with delivery by scanning and transmission of electronic files in Portable Document Format(PDF) or other readily available file format, or by copy transmitted via email,or by other electronic means and in one or more counterparts, each of which shall be: (i) an original, and all of which taken together shall constitute one and the same agreement, (ii) a valid and binding agreement and fully admissible under state and federal law, and(iii) enforceable in accordance with its terms. The City of Pueblo and its Police Department are aware of the expectations and vision for this Program and agree to the terms of the MOU, including the State of Kansas Contractual Provisions Attachment that follows, as well as the corresp. Subaward Agreement. ordasiorems,....iv Nicholas A. Gra Isar Mike :arnett Mayor, City of Pueblo Fort Hays State University State of Kansas Fort Hays State University DA-146a (Rev. 12/19) CONTRACTUAL PROVISIONS ATTACHMENT 1. Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified. 2. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require Fort Hays State University or any of its affiliates ("University")to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The terms, conditions, and limitations of liability of the State of Kansas, the University, and their employees are defined under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.). 3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, the University may terminate this agreement at the end of its current fiscal year. The University agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided under the contract for which it has not been paid. The University will pay contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement under this provision, title to any such equipment shall revert to contractor at the end of the University's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor. 4. Kansas Law and Venue: All matters arising out of or related to this agreement shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit arising out of or related to this agreement shall reside only in courts located in the State of Kansas. 5. Required Non-Discrimination Provision: Contractor agrees to comply with all applicable state and federal anti-discrimination laws. Contractor specifically agrees: (a)to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act(K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act(42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b)to include in all solicitations or advertisements for employees, the phrase"equal opportunity employer"; (c)to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e)that a failure to comply with the reporting requirements of(c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission or if it is determined that the contractor has violated applicable provisions of ADA, such violation(s) shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the University. The provisions of this paragraph (except the provisions relating to the ADA)are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the University cumulatively total$5,000 or less during the fiscal year. Contractor shall abide by the requirements of 41 CFR§§60-1.4(a), 60-300.5(a)and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities,and prohibit discrimination against all individuals based on their race, color, religion,sex,or national origin. Moreover,these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance individuals in employment without regard to race, color, religion,sex, national origin, protected veteran status or disability. 6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given. 7. Arbitration, Damages,Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the University has agreed to binding arbitration, or the payment of damages or penalties. Further, the University does not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages or rights of action available to the University at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. 8. Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof. 9. Responsibility For Taxes: The University shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract. 10. Insurance: The University shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require the University to establish a"self-insurance"fund to protect against any such loss or damage. 11. Information/Confidentiality:As a state agency, the University's contracts are generally public records. Accordingly, no provision of this contract shall restrict the University's ability to produce this contract in response to a lawful request or from otherwise complying with the Kansas Open Records Act(K.S.A. 45-215 et seq.). Moreover, no provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 et seq. 12. The Eleventh Amendment: The Eleventh Amendment is an inherent and incumbent protection of the State of Kansas and need not be reserved, but the University here reiterates that nothing in or related to this contract shall be deemed a waiver of the Eleventh Amendment. 13. Campaign Contributions/Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement. 14. Privacy of Student Records: Contractor understands that the University is subject to FERPA (Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g) and agrees to handle any student education records it receives pursuant to this Agreement in a manner that enables the University to be compliant with FERPA and its regulations. Contractor agrees to protect the privacy of student data and educational records in a commercially reasonable manner and shall not transmit, share, or disclose any data about a student without the student's written consent, except to other University officials who seek the information within the context of his/her professionally assigned responsibilities and used within the context of official University business. Contractor shall promptly report to the University any disclosure of University's student educational records. 15. Boycotts of Israel Prohibited: Kansas 2018 HB 2482 generally prohibits the University from entering into a contract with a company to acquire or dispose of services, supplies, information technology or construction, unless such company submits a written certification that such company is not currently engaged in a boycott of Israel. For the purposes of this Section, "company" means an organization, association, corporation, partnership, venture or other entity, its subsidiary or affiliate, that exists for profitmaking purposes or to otherwise secure economic advantage. Accordingly, by executing this contract, Contractor hereby certifies that it is not currently engaged in a boycott of Israel. 16. Harassment Policy: Fort Hays State University prohibits sexual harassment, discrimination, and retaliation. The University's applicable policies on sexual harassment, discrimination, and retaliation are available at https://fhsu.edu/policies/documents/harassment- policy/index.pdf and include the procedures for submitting a complaint of sexual harassment, discrimination, or retaliation, including an anonymous complaint. Contractor and its employees, officials, agents, or subcontractors shall at all times comply with the University's policies on sexual harassment, discrimination, and retaliation.