HomeMy WebLinkAbout10226ORDINANCE NO. 10226
AN ORDINANCE APPROVING AND ACCEPTING A GRANT
AGREEMENT AND APPLICABLE CONDITIONS PERTAINING
THERETO WITH THE STATE OF COLORADO DEPARTMENT OF
LAW PEACE OFFICER STANDARDS AND TRAINING (POST),
ESTABLISHING PROJECT NUMBER PS2206, BUDGETING AND
APPROPRIATING FUNDS INTO PROJECT PS2206,
AUTHORIZING THE MAYOR TO EXECUTE SAME, AND
RATIFYING HIS PRIOR SIGNATURE THERETO
WHEREAS, the City Council of Pueblo has the authority on behalf of the City of
Pueblo, including its Police Department, to accept grants from the state government for
public and municipal purposes and to enter into agreements relating thereto; and
WHEREAS, the State of Colorado Department of Law Peace Officer Standards
and Training (POST) has tendered a Grant Agreement and award (the “Agreement”) in
the amount of $193,997.00 for law enforcement training purposes for the Central
Mountain Training Region upon conditions recited therein or incorporated therein by
reference; and
WHEREAS, the State has made additional awards of funds in the past under
previous grant agreements and the Police Department anticipates the award of additional
funds in the future pursuant to this agreement if the same are made available by the State;
and
WHEREAS, acceptance of the Agreement 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 Grant Agreement between the City of Pueblo, a Municipal Corporation, and
the State of Colorado Department of Law Peace Officer Standards and Training (POST)
for the purpose of providing law enforcement training for the Central Mountain Training
Region, a true copy of which is attached hereto, having been approved as to form by the
City Attorney, is hereby approved and accepted in accordance with its terms and
conditions.
SECTION 2.
The Mayor was authorized to execute the Grant Agreement in the name of and on
behalf of the City on June 16, 2022; and the City Clerk shall affix the Seal of the City to
the Grant Agreement and attest his prior signature.
SECTION 3.
The Police Department is empowered to apply for and accept additional grant
awards pursuant to the Grant Agreement as those funds are made available by the State.
SECTION 4.
Project Number PS2206 is hereby established in the Public Safety Grants Fund.
All current and future funds accepted under this ordinance shall be budgeted and
appropriated into Project Number PS2206 by the Finance Department.
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 agreement 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 July 11, 2022 .
Final adoption of Ordinance by City Council on July 25, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on July 28, 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-5
Background Paper for Proposed
ORDINANCE
COUNCIL MEETING DATE: July 11, 2022
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Chief Chris Noeller – Police Department
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A GRANT
AGREEMENT AND APPLICABLE CONDITIONS PERTAINING THERETO
WITH THE STATE OF COLORADO DEPARTMENT OF LAW PEACE
OFFICER STANDARDS AND TRAINING (POST), ESTABLISHING
PROJECT NUMBER PS2206, BUDGETING AND APPROPRIATING
FUNDS INTO PROJECT PS2206, AUTHORIZING THE MAYOR TO
EXECUTE SAME, AND RATIFYING HIS PRIOR SIGNATURE THERETO
SUMMARY:
This ordinance approves a grant agreement with the State of Colorado Department of
Law Peace Officer Standards and Training (POST) beginning July 1, 2022, and ending
June 30, 2023, and approves and accepts an initial grant award of $193,997.00 into
Project PS2206.
PREVIOUS COUNCIL ACTION:
City Council has approved ordinances accepting CMTR funds each year beginning in July
2017.
BACKGROUND:
The State of Colorado Department of Law POST Grant Agreement provides funds to the
forty (40) law enforcement agencies of the Central Mountain Training Region (“CMTR”)
for the purpose of improving law enforcement technology and training and upgrading
necessary equipment. The Pueblo Police Department will act as the fiscal agent for this
grant. Decisions related to training, equipment, and technology will be made with the
assistance of an advisory board.
FINANCIAL IMPLICATIONS:
This grant will require monitoring, auditing, and submission of financial documents which
will impact the City with staffing costs. The grant does provide monies to offset those
expenditures. The Police Department will realize infrastructure benefits as well.
Improvements to the Department’s shooting range facility and classroom spaces are
allowable under this grant. One (1) sworn full-time Police Department employee has been
selected to administer this program along with employees from the Finance Department.
The City of Pueblo is responsible for administering the drawdown of the grant. The City
will submit quarterly reports to Colorado POST documenting expenditures. When excess
funds are available to the State, the Colorado Department of Law will award additional
funds to CMTR before the end the fiscal year to purchase additional equipment or sponsor
additional events. This ordinance allows for the receipt of additional funds in the future
to Project PS2206.
Matching funds from the City are not required for this grant.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
Central Mountain Training Region law enforcement leaders have met and support the
Pueblo Police Department becoming the fiscal agent for this grant. The Police
Department, acting as fiscal agent, will work with the CMTR advisory board to make
decisions related to training, equipment, and infrastructure.
ALTERNATIVES:
Decline this grant offer from Colorado POST.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
FY23 STATE OF COLORADO POST Grant Agreement, Exhibits A and B.
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
STATE OF COLORADO GRANT AGREEMENT
COVER PAGE
State Agency Agreement Number
DEPARTMENT OF LAW, PEACE OFFICER STANDARDS CTGG1 LAAA GT232022000000000001
AND TRAINING
Grantee Agreement Performance Beginning Date
CITY OF PUEBLO The later of the Effective Date or July 1,2022
Initial Agreement Expiration Date
June 30,2023
Agreement Maximum Amount Fund Expenditure End Date
Initial Term June 30,2023
State Fiscal Year 2023 $193,997.00
Agreement Authority
Authority to enter into this Agreement exists in § 24-31-
303(2)(b),C.R.S., § 24-31-310,C.R.S.,and §42-3-304(24),
C.R.S.
Total $193,997.00
Agreement Purpose
The Grantee will facilitate training services as identified in Exhibit A(Statement of Work)and Exhibit B (Application and
Budget).
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A, Statement of Work.
2. Exhibit B,Application and Budget.
3. Exhibit C, Sample Option Letter.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or
inconsistency shall be resolved by reference to the documents in the following order of priority:
I. Colorado Special Provisions in §18 of the main body of this Agreement.
2. The provisions of the other sections of the main body of this Agreement.
3. Exhibit A, Statement of Work.
4. Exhibit B,Application and Budget.
5. Exhibit C,Sample Option Letter.
Principal Representatives
For the State: For Grantee:
Erik Bourgerie, Director Nicholas Gradisar,Mayor
Department of Law, POST City of Pueblo
1300 Broadway,9th Floor I City Hall Place
Denver,CO 80203 Pueblo,CO 81003
Erik.bourgeriegacoag.gov ngradisar npueblo.us
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SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement
and to bind the Party authorizing such signature.
GRANTEE STATE OF COLORADO
CITY OF PUEBLO Jared S. Polis,Governor
Department of Law
Philip J. Weiser, Attorney General
—DocuSigned
yby: �J r--DoycuSiAgn�ed by:
fit
'—W99E486f8472845 % D4D48°C7CM 1A9 .
'By:Nicholas A. Gradisar, Mayor By: Eric Meyer,Chief Operating Officer
6/16/2022 6/17/2022
Date: Date:
In accordance with §24-30-202,C.R.S.,this Agreement is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
DocuSigned by:
44, �'�fnn„/`✓.
1 y:'re >.ssa Mo ny ham, Department of Law
State Controller Delegate
Effective Date:6/21/2022
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TABLE OF CONTENTS
COVER PAGE 1
SIGNATURE PAGE 2
1. PARTIES 3
2. TERM AND EFFECTIVE DATE 3
3. DEFINITIONS 5
4. STATEMENT OF WORK 7
5. PAYMENTS TO GRANTEE 7
6. REPORTING - NOTIFICATION 9
7. GRANTEE RECORDS 9
8. CONFIDENTIAL INFORMATION-STATE RECORDS 10
9. CONFLICTS OF INTEREST 11
10. INSURANCE 12
11. BREACH OF AGREEMENT 14
12. REMEDIES 14
13. DISPUTE RESOLUTION 16
14. NOTICES AND REPRESENTATIVES 16
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 17
16. STATEWIDE CONTRACT MANAGEMENT SYSTEM 18
17. GENERAL PROVISIONS 18
18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) 21
1. PARTIES
This Agreement is entered into by and between Grantee named on the Cover Page for this
Agreement (the "Grantee"), and the STATE OF COLORADO acting by and through the State
agency named on the Cover Page for this Agreement (the "State"). Grantee and the State agree to
the terms and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date,and the Grant Funds
shall be expended by the Fund Expenditure End Date shown on the Signature and Cover Page
for this Agreement. The State shall not be bound by any provision of this Agreement before
the Effective Date, and shall have no obligation to pay Grantee for any Work performed or
expense incurred before the Effective Date, except as described in §5.D, or after the Fund
Expenditure End Date. If the Work, including Subcontractor Work, will be performed in
multiple phases, the period of performance start and end date of each phase is detailed under
the Project Schedule in Exhibit A.
B. Initial Term
The Parties' respective performances under this Agreement shall commence on the
Agreement Performance Beginning Date shown on the Cover Page for this Agreement and
shall terminate on the Initial Agreement Expiration Date shown on the Cover Page for this
Agreement (the "Initial Term") unless sooner terminated or further extended in accordance
with the terms of this Agreement.
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C. Extension Terms - State's Option
The State, at its discretion, shall have the option to extend the performance under this
Agreement beyond the Initial Term for a period,or for successive periods, of one year or less
at the same rates and under the same terms specified in this Agreement (each such period an
"Extension Term"). In order to exercise this option, the State shall provide written notice to
Grantee in a form substantially equivalent to Sample Option Letter attached to this
Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term,or any Extension Term then in place,
the State,at its discretion, upon written notice to Grantee as provided in§14,may unilaterally
extend such Initial Term or Extension Term for a period not to exceed two months (an "End
of Term Extension"), regardless of whether additional Extension Terms are available or not.
The provisions of this Agreement in effect when such notice is given shall remain in effect
during the End of Term Extension. The End of Term Extension shall automatically terminate
upon execution of a replacement Agreement or modification extending the total term of this
Agreement.
E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado
as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to
further the public interest of the State, the State, in its discretion, may terminate this
Agreement in whole or in part. A determination that this Agreement should be terminated in
the public interest shall not be equivalent to a State right to terminate for convenience. This
subsection shall not apply to a termination of this Agreement by the State for breach by
Grantee, which shall be governed by 12.A.i.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §14. The notice
shall specify the effective date of the termination and whether it affects all or a portion
of this Agreement, and shall include, to the extent practicable, the public interest
justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Grantee shall
be subject to the rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Grantee
an amount equal to the percentage of the total reimbursement payable under this
Agreement that corresponds to the percentage of Work satisfactorily completed and
accepted, as determined by the State, less payments previously made. Additionally, if
this Agreement is less than 60% completed, as determined by the State, the State may
reimburse Grantee for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Grantee which are directly attributable
to the uncompleted portion of Grantee's obligations, provided that the sum of any and
all reimbursement shall not exceed the maximum amount payable to Grantee hereunder.
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F. Grantee's Termination Under Federal Requirements
Grantee may request termination of this Grant by sending notice to the State,or to the Federal
Awarding Agency with a copy to the State, which includes the reasons for the termination
and the effective date of the termination. If this Grant is terminated in this manner, then
Grantee shall return any advanced payments made for work that will not be performed prior
to the effective date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Agreement" means this agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any future
modifications thereto.
B. "Breach of Agreement" means the failure of a Party to perform any of its obligations in
accordance with this Agreement, in whole or in part or in a timely or satisfactory manner.
The institution of proceedings under any bankruptcy, insolvency, reorganization or similar
law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or
any of its property, which is not vacated or fully stayed within 30 days after the institution of
such proceeding, shall also constitute a breach. If Grantee is debarred or suspended under
§24-109-105, C.R.S. at any time during the term of this Agreement, then such debarment or
suspension shall constitute a breach.
C. "Budget"means the budget for the Work including Subcontractor Work described in Exhibit
B.
D. "Business Day"means any day in which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1), C.R.S.
E. "CORA" means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
F. "Effective Date" means the date on which this Agreement is approved and signed by the
Colorado State Controller or designee, as shown on the Signature for this Agreement.
G. "End of Term Extension" means the time period defined in §2.D.
H. "Exhibits" means the exhibits and attachments included with this Agreement as shown on
the Cover Page for this Agreement.
I. "Extension Term" means the time period defined in §2.C.
J. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Agreement and shall include any movable material acquired, produced, or
delivered by Grantee in connection with the Services.
K. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Agreement.
L. "Incident"means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of
any communications or information resources of the State, which are included as part of the
Work, as described in §§24-37.5-401, et seq. C.R.S. Incidents include, without limitation, (i)
successful attempts to gain unauthorized access to a State system or State Records regardless
of where such information is located; (ii) unwanted disruption or denial of service; (iii) the
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unauthorized use of a State system for the processing or storage of data; or (iv) changes to
State system hardware, firmware, or software characteristics without the State's knowledge,
instruction, or consent.
M. "Initial Term" means the time period defined in §2.B.
N. "Matching Funds" means the funds provided Grantee as a match required to receive the
Grant Funds.
O. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
P. "PCI" means payment card information including any data related to credit card holders'
names, credit card numbers, or other credit card information as may be protected by state or
federal law.
Q. "PII" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual's identity, such as name, social security number, date and place of birth,
mother's maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §§24-72-501 and 24-73-101, C.R.S.
R. "Services"means the services to be performed by Grantee as set forth in this Agreement,and
shall include any services to be rendered by Grantee in connection with the Goods.
S. "State Confidential Information" means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII, PHI,
PCI, Tax Information, CJI, and State personnel records not subject to disclosure under
CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has
been communicated, furnished, or disclosed by the State to Grantee which (i) is subject to
disclosure pursuant to CORA;(ii) is already known to Grantee without restrictions at the time
of its disclosure to Grantee;(iii)is or subsequently becomes publicly available without breach
of any obligation owed by Grantee to the State; (iv) is disclosed to Grantee, without
confidentiality obligations, by a third party who has the right to disclose such information; or
(v) was independently developed without reliance on any State Confidential Information.
T. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
U. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
V. "State Records" means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
W. "Subcontractor" means third-parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub-grantees of grant funds.
X. "Subcontractor Work" means grant coordination services and training services performed
by a Subcontractor.
Y. "Work" means the Goods delivered and Services performed by Grantee pursuant to this
Agreement.
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Z. "Work Product" means the tangible and intangible results of the Work, including
Subcontractor Work, whether finished or unfinished, including drafts. Work Product
includes, but is not limited to, documents, text, software (including source code), research,
reports,proposals, specifications, plans, notes, studies,data, images,photographs, negatives,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how,
information, and any other results of the Work, including Subcontractor Work. "Work
Product" does not include any material that was developed prior to the Effective Date that is
used, without modification, in the performance of the Work, including Subcontractor Work.
Any other term used in this Agreement that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Grantee shall complete the Work, including any Subcontractor Work, as described in this
Agreement and in accordance with the provisions of Exhibit A and Exhibit B. The State shall have
no liability to compensate Grantee for the delivery of any goods or the performance of any services
that are not specifically set forth in this Agreement.
5. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Agreement that exceeds the Agreement
Maximum for each State Fiscal Year shown on the Cover Page of this Agreement.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Grantee in the amounts and in accordance with the schedule
and other conditions set forth in Exhibit A and Exhibit B.
b. Grantee shall initiate payment requests by invoice to the State, in a form and
manner approved by the State.
c. The State shall pay each invoice within 45 days following the State's receipt of
that invoice, so long as the amount invoiced correctly represents Work, including
any Subcontractor Work, completed by Grantee and previously accepted by the
State during the term that the invoice covers. If the State determines that the
amount of any invoice is not correct, then Grantee shall make all changes
necessary to correct that invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work,
including any Subcontractor Work, performed or deliverables provided under this
Agreement.
ii. Interest
Amounts not paid by the State within 45 days of the State's acceptance of the invoice
shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1%per
month, as required by X24-30-202(24)(a), C.R.S., until paid in full; provided, however,
that interest shall not accrue on unpaid amounts that the State disputes in writing.
Grantee shall invoice the State separately for accrued interest on delinquent amounts,
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and the invoice shall reference the delinquent payment, the number of day's interest to
be paid and the interest rate.
iii. Payment Disputes
If Grantee disputes any calculation, determination or amount of any payment, Grantee
shall notify the State in writing of its dispute within 30 days following the earlier to
occur of Grantee's receipt of the payment or notification of the determination or
calculation of the payment by the State.The State will review the information presented
by Grantee and may make changes to its determination based on this review. The
calculation, determination or payment amount that results from the State's review shall
not be subject to additional dispute under this subsection. No payment subject to a
dispute under this subsection shall be due until after the State has concluded its review,
and the State shall not pay any interest on any amount during the period it is subject to
dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the
current State Fiscal Year. Payment to Grantee beyond the current State Fiscal Year is
contingent on the appropriation and continuing availability of Grant Funds in any
subsequent year (as provided in the Colorado Special Provisions). If federal funds or
funds from any other non-State funds constitute all or some of the Grant Funds, the
State's obligation to pay Grantee shall be contingent upon such non-State funding
continuing to be made available for payment. Payments to be made pursuant to this
Agreement shall be made only from Grant Funds, and the State's liability for such
payments shall be limited to the amount remaining of such Grant Funds. If State,federal
or other funds are not appropriated, or otherwise become unavailable to fund this
Agreement, the State may, upon written notice, terminate this Agreement, in whole or
in part, without incurring further liability. The State shall, however, remain obligated
to pay for Services and Goods that are delivered and accepted prior to the effective date
of notice of termination, and this termination shall otherwise be treated as if this
Agreement were terminated in the public interest as described in §2.E.
C. Reimbursement of Grantee Costs
The State shall reimburse Grantee's allowable costs, not exceeding the maximum total
amount described in Exhibit B and §5.A for all allowable costs described in this Grant and
shown in the Budget, except that Grantee may adjust the amounts between each line item of
the Budget without formal modification to this Agreement as long as the Grantee provides
notice to the State of the change, the change does not modify the total maximum amount of
this Agreement or the maximum amount for any state fiscal year, and the change does not
modify any requirements of the Work, including any Subcontractor Work.. However, any
costs incurred by Grantee prior to the Effective Date shall not be reimbursed. Grantee's costs
for Work, including Subcontractor Work, performed after the Fund Expenditure End Date
shown on the Signature and Cover Page for this Agreement, or after any phase performance
period end date for a respective phase of the Work or Subcontractor Work, shall not be
reimbursable. The State shall only reimburse allowable costs described in this Agreement
and shown in the Budget if those costs are:
i. Reasonable and necessary to accomplish the Work and for the Goods and Services
provided; and
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ii. Equal to the actual net cost to Grantee (i.e. the price paid minus any items of value
received by Grantee that reduce the cost actually incurred).
D. Close-Out
Grantee shall close out this Award within 45 days after the Fund Expenditure End Date shown
on the Signature and Cover Page for this Agreement. To complete close-out, Grantee shall
submit to the State all deliverables (including documentation) as defined in this Agreement
and Grantee's final reimbursement request or invoice. The State will withhold 5% of
allowable costs until all final documentation has been submitted and accepted by the State as
substantially complete.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to §16 or pursuant to any other Exhibit, for any
Agreement having a term longer than three months, Grantee shall submit,on a quarterly basis,
a written report specifying progress made for each specified performance measure and
standard in this Agreement. Such progress report shall be in accordance with the procedures
developed and prescribed by the State. Progress reports shall be submitted to the State not
later than five Business Days following the end of each calendar quarter or at such time as
otherwise specified by the State.
B. Litigation Reporting
If Grantee is served with a pleading or other document in connection with an action before a
court or other administrative decision making body, and such pleading or document relates
to this Agreement or may affect Grantee's ability to perform its obligations under this
Agreement, Grantee shall, within ten days after being served, notify the State of such action
and deliver copies of such pleading or document to the State's Principal Representative
identified on the Cover Page for this Agreement.
C. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than 45
calendar days after the end of the Initial Term if no Extension Terms are exercised, or the
final Extension Term exercised by the State,containing an evaluation and review of Grantee's
performance and the final status of Grantee's obligations hereunder.
D. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of State
criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award.
The State may impose any penalties for noncompliance allowed under 2 CFR Part 180 and
31 U.S.C. 3321, which may include, without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a
complete file of all records, documents, communications, notes and other written materials,
electronic media files, and communications, pertaining in any manner to the Work or the
delivery of Services (including, but not limited to the operation of programs) or Goods
hereunder. Grantee shall maintain such records for a period (the "Record Retention Period")
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of three years following the date of submission to the State of the final expenditure report, or
if this Award is renewed quarterly or annually, from the date of the submission of each
quarterly or annual report, respectively. If any litigation,claim,or audit related to this Award
starts before expiration of the Record Retention Period, the Record Retention Period shall
extend until all litigation, claims, or audit findings have been resolved and final action taken
by the State, a cognizant agency for audit, oversight or indirect costs, and the State, may
notify Grantee in writing that the Record Retention Period shall be extended. For records for
real property and equipment, the Record Retention Period shall extend three years following
final disposition of such property.
B. Inspection
Grantee shall permit the State, the federal government, and any other duly authorized agent
of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe Grantee
Records during the Record Retention Period. Grantee shall make Grantee Records available
during normal business hours at Grantee's office or place of business, or at other mutually
agreed upon times or locations, upon no fewer than two Business Days' notice from the State,
unless the State determines that a shorter period of notice,or no notice, is necessary to protect
the interests of the State.
C. Monitoring
The State will monitor Grantee's performance of its obligations under this Agreement using
procedures as determined by the State.The federal government and any other duly authorized
agent of a governmental agency, in its discretion, may monitor Grantee's performance of its
obligations under this Agreement using procedures as determined by that governmental
entity. The State shall have the right, in its sole discretion, to change its monitoring
procedures and requirements at any time during the term of this Agreement. The State shall
monitor Grantee's performance in a manner that does not unduly interfere with Grantee's
performance of the Work, including Subcontractor Work.
D. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee's records that relates to or affects this Agreement or the Work,whether
the audit is conducted by Grantee or a third party.
8. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State
Records, unless those State Records are publicly available. Grantee shall not, without prior
written approval of the State, use, publish, copy, disclose to any third party, or permit the use
by any third party of any State Records, except as otherwise stated in this Agreement,
permitted by law or approved in writing by the State. Grantee shall provide for the security
of all State Confidential Information in accordance with all policies promulgated by the
Colorado Office of Information Security and all applicable laws, rules,policies,publications,
and guidelines. Grantee shall immediately forward any request or demand for State Records
to the State's Principal Representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, including Subcontractor Work, but shall restrict access to
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State Confidential Information to those agents, employees, assigns and Subcontractors who
require access to perform their obligations under this Agreement. Grantee shall ensure all
such agents, employees, assigns, and Subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this Agreement, and that the
nondisclosure provisions are in force at all times the agent, employee,assign or Subcontractor
has access to any State Confidential Information. Grantee shall provide copies of those signed
nondisclosure provisions to the State upon execution of the nondisclosure provisions.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Agreement, Grantee shall return State Records provided
to Grantee or destroy such State Records and certify to the State that it has done so,as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation,and the necessity to involve law enforcement,
as determined by the State. Unless Grantee can establish that none of Grantee or any of its
agents,employees, assigns or Subcontractors are the cause or source of the Incident, Grantee
shall be responsible for the cost of notifying each person who may have been impacted by
the Incident. After an Incident, Grantee shall take steps to reduce the risk of incurring a
similar type of Incident in the future as directed by the State, which may include, but is not
limited to, developing and implementing a remediation plan that is approved by the State at
no additional cost to the State. The State may adjust or direct modifications to this plan, in its
sole discretion and Grantee shall make all modifications as directed by the State. If Grantee
cannot produce its analysis and plan within the allotted time, the State, in its sole discretion,
may perform such analysis and produce a remediation plan, and Grantee shall reimburse the
State for the reasonable costs thereof.
E. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee
shall provide for the security of such PII, in a manner and form acceptable to the State,
including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Grantee shall be a
"Third-Party Service Provider" as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Grantee shall not engage in any business or activities, or maintain any relationships that
conflict in any way with the full performance of the obligations of Grantee under this
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Agreement. Such a conflict of interest would arise when a Grantee or Subcontractor's
employee, officer or agent were to offer or provide any tangible personal benefit to an
employee of the State, or any member of his or her immediate family or his or her partner,
related to the award of, entry into or management or oversight of this Agreement.
B. Apparent Conflicts of Interest
Grantee acknowledges that, with respect to this Agreement,even the appearance of a conflict
of interest shall be harmful to the State's interests. Absent the State's prior written approval,
Grantee shall refrain from any practices, activities or relationships that reasonably appear to
be in conflict with the full performance of Grantee's obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises,or if Grantee is uncertain whether a conflict
or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure
statement setting forth the relevant details for the State's consideration. Failure to promptly
submit a disclosure statement or to follow the State's direction in regard to the actual or
apparent conflict constitutes a breach of this Agreement.
10. INSURANCE
Grantee shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain,
insurance as specified in this section at all times during the term of this Agreement. All insurance
policies required by this Agreement that are not provided through self-insurance shall be issued by
insurance companies as approved by the State.
A. Workers' Compensation
Workers' compensation insurance as required by state statute, and employers' liability
insurance covering all Grantee or Subcontractor employees acting within the course and
scope of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any one fire.
C. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any
negligent act with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
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D. Additional Insured
The State shall be named as additional insured on all commercial general liability policies
(leases and construction contracts require additional insured coverage for completed
operations) required of Grantee and Subcontractors.
E. Primacy of Coverage
Coverage required of Grantee and each Subcontractor shall be primary and noncontributory
over any insurance or self-insurance program carried by Grantee or the State.
F. Cancellation
All commercial insurance policies shall include provisions preventing cancellation or non-
renewal,except for cancellation based on non-payment of premiums,without at least 30 days
prior notice to Grantee and Grantee shall forward such notice to the State in accordance with
§14 within seven days of Grantee's receipt of such notice.
G. Subrogation Waiver
All commercial insurance policies secured or maintained by Grantee or its Subcontractors in
relation to this Agreement shall include clauses stating that each carrier shall waive all rights
of recovery under subrogation or otherwise against Grantee or the State, its agencies,
institutions, organizations, officers, agents, employees, and volunteers.
H. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity
Act, §§24-10-101, et seq., C.R.S. (the "GIA"), Grantee shall maintain, in lieu of the liability
insurance requirements stated above, at all times during the term of this Agreement such
liability insurance, by commercial policy or self-insurance, as is necessary to meet its
liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA,
Grantee shall ensure that the Subcontractor maintain at all times during the terms of this
Grantee, in lieu of the liability insurance requirements stated above, such liability insurance,
by commercial policy or self-insurance, as is necessary to meet the Subcontractor's
obligations under the GIA.
I. Certificates
For each commercial insurance plan provided by Grantee under this Agreement, Grantee
shall provide to the State certificates evidencing Grantee's insurance coverage required in
this Agreement within seven Business Days following the Effective Date. Grantee shall
provide to the State certificates evidencing Subcontractor insurance coverage required under
this Agreement within seven Business Days following the Effective Date, except that, if
Grantee's subcontract is not in effect as of the Effective Date, Grantee shall provide to the
State certificates showing Subcontractor insurance coverage required under this Agreement
within seven Business Days following Grantee's execution of the subcontract. No later than
15 days before the expiration date of Grantee's or any Subcontractor's coverage, Grantee
shall deliver to the State certificates of insurance evidencing renewals of coverage. At any
other time during the term of this Agreement, upon request by the State, Grantee shall,within
seven Business Days following the request by the State, supply to the State evidence
satisfactory to the State of compliance with the provisions of this section.
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11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of
Agreement to the other Party. If the notified Party does not cure the breach, at its sole expense,
within 30 days after the delivery of written notice, the Party may exercise any of the remedies as
described in §12 for that Party. Notwithstanding any provision of this Agreement to the contrary,
the State, in its discretion, need not provide notice or a cure period and may immediately terminate
this Agreement in whole or in part or institute any other remedy in this Agreement in order to
protect the public interest of the State; or if Grantee is debarred or suspended under §24-109-105,
C.R.S., the State, in its discretion, need not provide notice or cure period and may terminate this
Agreement in whole or in part or institute any other remedy in this Agreement as of the date that
the debarment or suspension takes effect.
12. REMEDIES
A. State's Remedies
If Grantee is in breach under any provision of this Agreement and fails to cure such breach,
the State, following the notice and cure period set forth in §11, shall have all of the remedies
listed in this section in addition to all other remedies set forth in this Agreement or at law.
The State may exercise any or all of the remedies available to it, in its discretion,concurrently
or consecutively.
i. Termination for Breach
In the event of Grantee's uncured breach,the State may terminate this entire Agreement
or any part of this Agreement. Grantee shall continue performance of this Agreement
to the extent not terminated, if any.
a. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further
obligations or render further performance past the effective date of such notice,
and shall terminate outstanding orders and subcontracts with third parties.
However, Grantee shall complete and deliver to the State all Work, including
Subcontractor Work, not cancelled by the termination notice, and may incur
obligations as necessary to do so within this Agreement's terms. At the request of
the State, Grantee shall assign to the State all of Grantee's rights,title,and interest
in and to such terminated orders or subcontracts. Upon termination, Grantee shall
take timely, reasonable and necessary action to protect and preserve property in
the possession of Grantee but in which the State has an interest. At the State's
request,Grantee shall return materials owned by the State in Grantee's possession
at the time of any termination. Grantee shall deliver all completed Work Product
and all Work Product that was in the process of completion to the State at the
State's request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Grantee for
accepted Work, including Subcontractor Work, received as of the date of
termination. If, after termination by the State, the State agrees that Grantee was
not in breach or that Grantee's action or inaction was excusable, such termination
shall be treated as a termination in the public interest, and the rights and
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obligations of the Parties shall be as if this Agreement had been terminated in the
public interest under§2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee shall remain
liable to the State for any damages sustained by the State in connection with any
breach by Grantee,and the State may withhold payment to Grantee for the purpose
of mitigating the State's damages until such time as the exact amount of damages
due to the State from Grantee is determined. The State may withhold any amount
that may be due Grantee as the State deems necessary to protect the State against
loss including, without limitation, loss as a result of outstanding liens and excess
costs incurred by the State in procuring from third parties replacement Work,
including Subcontractor Work, as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional
remedies:
a. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of the Work,
including Subcontractor Work, pending corrective action as specified by the State
without entitling Grantee to an adjustment in price or cost or an adjustment in the
performance schedule. Grantee shall promptly cease performing Work, including
Subcontractor Work, and incurring costs in accordance with the State's directive,
and the State shall not be liable for costs incurred by Grantee after the suspension
of performance.
b. Withhold Payment
Withhold payment to Grantee until Grantee corrects its Work, including
Subcontractor Work.
c. Deny Payment
Deny payment for Work, including Subcontractor Work, not performed, or that
due to Grantee's actions or inactions, cannot be performed or if they were
performed are reasonably of no value to the state; provided, that any denial of
payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal of any of Grantee's employees, agents, or
Subcontractors from the Work, including Subcontractor Work, whom the State
deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the
State to be contrary to the public interest or the State's best interest.
e. Intellectual Property
If any Work, including Subcontractor Work, infringes, or if the State in its sole
discretion determines that any Work, including Subcontractor Work, is likely to
infringe, a patent, copyright,trademark, trade secret or other intellectual property
right,Grantee shall,as approved by the State(i) secure that right to use such Work
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or Subcontractor Work for the State and Grantee; (ii) replace the Work or
Subcontractor Work with noninfringing Work or approved Subcontractor Work
or modify the Work or approved Subcontractor Work so that it becomes
noninfringing; or, (iii) remove any infringing Work or Subcontractor Work and
refund the amount paid for such Work to the State.
B. Grantee's Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach,
Grantee, following the notice and cure period in §11 and the dispute resolution process in
§13 shall have all remedies available at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise,disputes concerning the performance of this
Agreement which cannot be resolved by the designated Agreement representatives shall be
referred in writing to a senior departmental management staff member designated by the State
and a senior manager designated by Grantee for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within ten Business
Days, Grantee shall submit any alleged breach of this Agreement by the State to the
Procurement Official of the State Agency named on the Cover Page of this Agreement as
described in §24-101-301(30), C.R.S. for resolution following the same resolution of
controversies process as described in §§24-106-109, and 24-109-101.1 through 24-109-505,
C.R.S. (the "Resolution Statutes"), except that if Grantee wishes to challenge any decision
rendered by the Procurement Official, Grantee's challenge shall be an appeal to the executive
director of the Department of Personnel and Administration, or their delegate, in the same
manner as described in the Resolution Statutes before Grantee pursues any further action.
Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall
apply including, without limitation, time limitations regardless of whether the Colorado
Procurement Code applies to this Agreement.
14. NOTICES AND REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall
be the principal representative of the designating Party. All notices required or permitted to be
given under this Agreement shall be in writing, and shall be delivered (A) by hand with receipt
required, (B) by certified or registered mail to such Party's principal representative at the address
set forth below or(C) as an email with read receipt requested to the principal representative at the
email address, if any, set forth on the Cover Page for this Agreement. If a Party delivers a notice
to another through email and the email is undeliverable, then, unless the Party has been provided
with an alternate email contact,the Party delivering the notice shall deliver the notice by hand with
receipt required or by certified or registered mail to such Party's principal representative at the
address set forth on the Cover Page for this Agreement. Either Party may change its principal
representative or principal representative contact information, or may designate specific other
individuals to receive certain types of notices in addition to or in lieu of a principal representative,
by notice submitted in accordance with this section without a formal amendment to this Agreement.
Unless otherwise provided in this Agreement,notices shall be effective upon delivery of the written
notice.
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15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
i. Copyrights
To the extent that the Work Product(or any portion of the Work Product) would not be
considered works made for hire under applicable law, Grantee hereby assigns to the
State, the entire right,title, and interest in and to copyrights in all Work Product and all
works based upon, derived from, or incorporating the Work Product; all copyright
applications, registrations, extensions, or renewals relating to all Work Product and all
works based upon, derived from, or incorporating the Work Product; and all moral
rights or similar rights with respect to the Work Product throughout the world. To the
extent that Grantee cannot make any of the assignments required by this section,
Grantee hereby grants to the State a perpetual, irrevocable, royalty-free license to use,
modify, copy, publish, display, perform, transfer, distribute, sell, and create derivative
works of the Work Product and all works based upon, derived from, or incorporating
the Work Product by all means and methods and in any format now known or invented
in the future. The State may assign and license its rights under this license.
ii. Assignments and Assistance
Whether or not Grantee is under contract with the State at the time, Grantee shall
execute applications, assignments, and other documents, and shall render all other
reasonable assistance requested by the State, to enable the State to secure patents,
copyrights, licenses and other intellectual property rights related to the Work Product.
The Parties intend the Work Product to be works made for hire. Grantee assigns to the
State and its successors and assigns, the entire right, title, and interest in and to all
causes of action, either in law or in equity, for past, present, or future infringement of
intellectual property rights related to the Work Product and all works based on, derived
from, or incorporating the Work Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement,any pre-existing State
Records, State software, research, reports, studies, photographs, negatives or other
documents,drawings,models, materials,data and information shall be the exclusive property
of the State (collectively, "State Materials"). Grantee shall not use, willingly allow, cause or
permit Work Product or State Materials to be used for any purpose other than the performance
of Grantee's obligations in this Agreement without the prior written consent of the State.
Upon termination of this Agreement for any reason, Grantee shall provide all Work Product
and State Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Grantee
Grantee retains the exclusive rights, title, and ownership to any and all pre-existing materials
owned or licensed to Grantee including, but not limited to, all pre-existing software, licensed
products, associated source code, machine code, text images, audio and/or video, and third-
party materials, delivered by Grantee under this Agreement, whether incorporated in a
Deliverable or necessary to use a Deliverable (collectively, "Grantee Property"). Grantee
Property shall be licensed to the State as set forth in this Agreement or a State approved
license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State
from the applicable third-party vendor, or(iii)in the case of open source software, the license
terms set forth in the applicable open source license agreement.
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16. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Agreement is $100,000 or greater, either on
the Effective Date or at any time thereafter, this section shall apply. Grantee agrees to be governed
by and comply with the provisions of§§24-106-103, 24-102-206, 24-106-106, and 24-106-107,
C.R.S. regarding the monitoring of vendor performance and the reporting of Agreement
performance information in the State's Agreement management system ("Contract Management
System" or "CMS"). Grantee's performance shall be subject to evaluation and review in
accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS,
and State Fiscal Rules and State Controller policies.
17. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Agreement are personal and may not be
transferred or assigned without the prior, written consent of the State. Any attempt at
assignment or transfer without such consent shall be void. Any assignment or transfer of
Grantee's rights and obligations approved by the State shall be subject to the provisions of
this Agreement.
B. Subcontracts
Grantee shall not enter into any subgrant or subcontract in connection with its obligations
under this Agreement without the prior, written approval of the State. Grantee shall submit
to the State a copy of each such subgrant or subcontract upon request by the State. All
subgrants and subcontracts entered into by Grantee in connection with this Agreement shall
comply with all applicable federal and state laws and regulations, shall provide that they are
governed by the laws of the State of Colorado, and shall be subject to all provisions of this
Agreement.
C. Binding Effect
Except as otherwise provided in §17.A, all provisions of this Agreement, including the
benefits and burdens, shall extend to and be binding upon the Parties' respective successors
and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this
Agreement and the performance of such Party's obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only,and shall
not be used to interpret, define, or limit its provisions. All references in this Agreement to
sections (whether spelled out or using the § symbol), subsections, exhibits or other
attachments, are references to sections, subsections, exhibits or other attachments contained
herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and
the same agreement.
G. Entire Understanding
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This Agreement represents the complete integration of all understandings between the Parties
related to the Work, including Subcontractor Work, and all prior representations and
understandings related to the Work, including Subcontractor Work, oral or written, are
merged into this Agreement. Prior or contemporaneous additions, deletions,or other changes
to this Agreement shall not have any force or effect whatsoever, unless embodied herein.
H. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Agreement by reference.
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall
only be effective if agreed to in a formal amendment to this Agreement, properly executed
and approved in accordance with applicable Colorado State law and State Fiscal Rules.
Modifications permitted under this Agreement, other than Agreement amendments, shall
conform to the policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or
other authority shall be interpreted to refer to such authority then current, as may have been
changed or amended since the Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any
provision included in any terms, conditions, or agreements appearing on Grantee's or a
Subcontractor's website or any provision incorporated into any click-through or online
agreements related to the Work or Subcontractor Work unless that provision is specifically
referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision of this Agreement,which shall remain in full
force and effect, provided that the Parties can continue to perform their obligations under this
Agreement in accordance with the intent of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or
expiration of this Agreement shall survive the termination or expiration of this Agreement
and shall be enforceable by the other Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle
D,Ch.32)(Federal Excise Tax Exemption Certificate of Registry No. 84-730123K)and from
State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S.
(Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be
liable for the payment of any excise, sales, or use taxes, regardless of whether any political
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subdivision of the state imposes such taxes on Grantee. Grantee shall be solely responsible
for any exemptions from the collection of excise, sales or use taxes that Grantee may wish to
have in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described in § 17.A,this Agreement
does not and is not intended to confer any rights or remedies upon any person or entity other
than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are
reserved solely to the Parties. Any services or benefits which third parties receive as a result
of this Agreement are incidental to this Agreement,and do not create any rights for such third
parties.
P. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Agreement,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single
or partial exercise of any right, power, or privilege preclude any other or further exercise of
such right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures
and standards required under §24-106-107, C.R.S., if any, are subject to public release
through the CORA.
R. Standard and Manner of Performance
Grantee shall perform its obligations under this Agreement in accordance with the highest
standards of care, skill and diligence in Grantee's industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations
Grantee shall secure, prior to the Effective Date, and maintain at all times during the term of
this Agreement, at its sole expense, all licenses, certifications, permits, and other
authorizations required to perform its obligations under this Agreement,and shall ensure that
all employees, agents and Subcontractors secure and maintain at all times during the term of
their employment, agency or Subcontractor, all license, certifications, permits and other
authorizations required to perform their obligations in relation to this Agreement.
T. Indemnification
i. General Indemnification
Grantee shall indemnify, save, and hold harmless the State, its employees, agents and
assignees (the "Indemnified Parties"), against any and all costs, expenses, claims,
damages, liabilities, court awards and other amounts (including attorneys' fees and
related costs) incurred by any of the Indemnified Parties in relation to any act or
omission by Grantee, or its employees, agents, Subcontractors, or assignees in
connection with this Agreement.
ii. Confidential Information Indemnification
Disclosure or use of State Confidential Information by Grantee in violation of§8 may
be cause for legal action by third parties against Grantee, the State, or their respective
agents. Grantee shall indemnify, save, and hold harmless the Indemnified Parties,
against any and all claims, damages, liabilities, losses, costs, expenses (including
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attorneys' fees and costs) incurred by the State in relation to any act or omission by
Grantee, or its employees, agents, assigns, or Subcontractors in violation of§8.
iii. Intellectual Property Indemnification
Grantee shall indemnify, save, and hold harmless the Indemnified Parties, against any
and all costs, expenses, claims, damages, liabilities, and other amounts (including
attorneys' fees and costs) incurred by the Indemnified Parties in relation to any claim
that any Work, including Subcontractor Work, infringes a patent,copyright,trademark,
trade secret, or any other intellectual property right.
U. Accessibility
Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973,
as amended, and §§24-85-101, et seq., C.R.S. Grantee shall comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in
the State of Colorado technology standards and available at
https://www.w3.org/TR/WCAG21/.
18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller
or designee. If this Agreement is for a Major Information Technology Project, as defined in
§24-37.5-102(2.6), C.R.S., then this Agreement shall not be valid until it has been approved
by the State's Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State,
its departments, boards, commissions committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental Immunity
Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and
28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S.
No term or condition of this Agreement shall be construed or interpreted as a waiver, express
or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an
agent or employee of the State. Grantee shall not have authorization, express or implied, to
bind the State to any agreement, liability or understanding, except as expressly set forth
herein. Grantee and its employees and agents are not entitled to unemployment insurance or
workers compensation benefits through the State and the State shall not pay for or otherwise
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provide such coverage for Grantee or any of its agents or employees. Grantee shall pay when
due all applicable employment taxes and income taxes and local head taxes incurred pursuant
to this Agreement. Grantee shall (i) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, (ii) provide proof
thereof when requested by the State, and (iii) be solely responsible for its acts and those of
its employees and agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
F. CHOICE OF LAW,JURISDICTION,AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall
be null and void. All suits or actions related to this Agreement shall be filed and proceedings
held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Grantee
harmless; requires the State to agree to binding arbitration; limits Grantee's liability for
damages resulting from death, bodily injury, or damage to tangible property; or that conflicts
with this provision in any way shall be void ab initio. Nothing in this Agreement shall be
construed as a waiver of any provision of§24-106-109 C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition,
operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term
of this Agreement and any extensions, Grantee has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines
that Grantee is in violation of this provision, the State may exercise any remedy available at
law or in equity or under this Agreement, including, without limitation, immediate
termination of this Agreement and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and
24-50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Agreement. Grantee
has no interest and shall not acquire any interest, direct or indirect,that would conflict in any
manner or degree with the performance of Grantee's services and Grantee shall not employ
any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-
202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S.,the
State Controller may withhold payment under the State's vendor offset intercept system for
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debts owed to State agencies for: (i) unpaid child support debts or child support arrearages;
(ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et
seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher
Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and
(v) other unpaid debts owing to the State as a result of final agency determination or judicial
action. The State may also recover, at the State's discretion, payments made to Grantee in
error for any reason, including, but not limited to, overpayments or improper payments, and
unexpended or excess funds received by Grantee by deduction from subsequent payments
under this Agreement, deduction from any payment due under any other contracts, grants or
agreements between the State and Grantee, or by any other appropriate method for collecting
debts owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and
services/Grantee certifies,warrants,and agrees that it does not knowingly employ or contract
with an illegal alien who will perform work under this Agreement and will confirm the
employment eligibility of all employees who are newly hired for employment in the United
States to perform work under this Agreement, through participation in the E-Verify Program
or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Grantee
shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement or enter into a contract with a Subcontractor that fails to certify to Grantee that
the Subcontractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement. Grantee (i) shall not use E-Verify Program or the program
procedures of the Colorado Department of Labor and Employment("Department Program")
to undertake pre-employment screening of job applicants while this Agreement is being
performed, (ii) shall notify the Subcontractor and the contracting State agency or institution
of higher education within three days if Grantee has actual knowledge that a Subcontractor
is employing or contracting with an illegal alien for work under this Agreement, (iii) shall
terminate the subcontract if a Subcontractor does not stop employing or contracting with the
illegal alien within three days of receiving the notice, and (iv) shall comply with reasonable
requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5),
C.R.S., by the Colorado Department of Labor and Employment. If Grantee participates in the
Department program, Grantee shall deliver to the contracting State agency, Institution of
Higher Education or political subdivision, a written, notarized affirmation, affirming that
Grantee has examined the legal work status of such employee, and shall comply with all of
the other requirements of the Department program. If Grantee fails to comply with any
requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency,
institution of higher education or political subdivision may terminate this Agreement for
breach and, if so terminated, Grantee shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101,et seq., C.R.S.
Grantee, if a natural person 18 years of age or older, hereby swears and affirms under penalty
of perjury that Grantee (i) is a citizen or otherwise lawfully present in the United States
pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101, et seq.,
C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S.
prior to the Effective Date of this Agreement.
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EXHIBIT A - STATEMENT OF WORK
All terms not defined in this Exhibit A shall be the meaning given in the main body of the Grant Agreement.
1. PROJECT DESCRIPTION
1.1 Work. Grantee has submitted a Grant Application (Exhibit B)to POST detailing the Work to be
performed by Grantee throughout the term of this Grant. Grantee agrees to complete the Work
identified in Exhibit B by the Grant termination date specified in §2(A)of the Grant Agreement.
2. PERSONNEL
2.1 Replacement. Grantee shall immediately notify POST if the Responsible Administrator
specified in §2.2 ceases to serve. Provided there is a good-faith reason for the change, if
Grantee wishes to replace its key personnel, it shall notify POST and seek its approval,
which shall be at POST's sole discretion as the State issued this Grant in part reliance on
Grantee's representation regarding key personnel. Such notice shall specify why the
change is necessary, who the proposed replacement is, what their qualifications are, and
when the change will take effect. Anytime key personnel cease to serve, the State, in its
sole discretion may direct Grantee to suspend work on the Project until such time as their
replacement is approved.
2.2 Responsible Administrator. Grantee's performance hereunder shall be under the
direct supervision of Kayleigh McKenzie an employee or agent of the Grantee, who is
hereby designated as the responsible administrator of this Project.
3. BUDGET
3.1 Budget. The maximum amount payable under this Grant to Grantee by the State is
$193,997.00.
3.2 Budget Flexibility. Grantee may adjust individual budget line item expenditure
amounts within an individual training course without approval of POST, provided that,
there is no increase to the administrative line items, and the cummulative budgetary line
item changes do not exceed ten percent (10%) of the total budgeted amount of the line
item. All other budgetary modifications shall require POST approval in accordance with
the Modification subsection of the General Provisions of this Grant. The request must be
approved by POST before deviating from the current approved budget and scope of work.
Requests that are not pre-approved may not be reimburseable.
4. PAYMENT
4.1 Payment. Grantee shall submit a request for reimbursement at a minimum on
a calendar quarter basis. All invoices must be submitted within 60 days of the
training or purchase date and no later than June 30th to be eligible for
payment. All requests shall be for eligible expenses, as described in detail in Exhibit B.
Requests shall be made using the Grant Management System and be accompanied by
supporting documentation equal to 100% of the reimbursement request, a POST-approved
Student Attendance Roster or Certificate of Completion, and a completed reimbursement
form.
4.2 Final Payment. The final grant payment request must be requested no later than June
30th and shall include only actual expenses incurred prior to June 30th. Payment for
training can only be approved for actual services received or performed and completed by
June 30th.
Exhibit A 1
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
Equipment purchases must be made and the receipt of the equipment must be completed
by June 30th to be eligible for payment.
4.3 Electronic Fund Transfer. Payments will be remitted by electronic fund transfer.
5. ADMINISTRATIVE REQUIREMENTS
5.1 Accounting. Grantee must maintain properly segregated accounts of POST grant funds
and other funds associated with the Work and make those records available to the State
upon request. Grantee must have a system that classifies all revenues and expenditures
by funding source. The accounting system must have an adequate method of internal
controls to safeguard the funds. Expenditures must be tracked and reconciled with the
general ledger.
5.2 Procurement. The grantee agrees to have procurement procedures and will document
its procurement procedures and maintain the documentation in the grant records when
applicable.
5.3 Grant Guidelines. The grantee agrees to develop, implement, and maintain written
grant procedures or guidelines that, at a minimum identify how to access training and
scholarship funds through the Region, what the Region's allowable costs are, and any
applicable rules to be followed by a Region member organization.
5.4 Region Board and By-laws. The grantee agrees to develop, implement, and maintain
a Region Board representative of the Region that, at a minimum recommends how annual
POST funds will be applied for and distributed throughout the Region. The Region Board
shall develop, implement, and maintain written by-laws describing the role and
responsibilities of the board.
5.5 Allowable Program Costs. Expenditures shall be in accordance with the approved
budget detailed in Exhibit B and Sections 5-9 of the POST Law Enforcement Training
Grant Program Guidelines.
5.6 Class Announcement/Enrollment Management/Class Cancellation or
Postponement. Grantee agrees to notify POST at least 60 days in advance of the class
date. Enrollment will only be available to officers in that training region until 30 days
before the class start date. At that time, officers from other training regions may register
for the class. Enrollment will close 15 days prior to start date of the class. Enrollment
past the close date can occur at the discretion of each training region. The Grantee agrees
to limit enrollment for training, including the host agency, to four (4) seats, or 20% of the
class size (whichever is greater) for each agency within the Region, until 15 days prior to
the start of training. The exception to this is when a course is held at a venue that can
accommodate a large number of attendees (such as virtual training) or there are plenty of
open seats. POST recommends regions/agencies consider cancelling or postponing classes
if they have less than 50% enrollment fifteen (15) days prior to start of the class. Decisions
to postpone or cancel a class are at the sole discretion of the region board or agency.
5.7 Audits. Grantee is required to submit to DOL any audit performed for any fiscal year
covering a portion of the term of this Grant or any other grants/contracts with DOL. Such
audits include but are not limited to a financial-statement audit or single audit in
accordance with the Office of Management and Budget's (OMB) A-133 is required when
non-federal entities expend $500,000 or more in federal awards in the entity's fiscal year.
Grantee shall insure that audits required are performed and submitted to POST within 6
months of Grantee's fiscal year-end. The final audit report shall be sent to:
Department of Law
Criminal Justice Section, POST
Attention: Kimberly Hernandez, Grant Manager
1300 Broadway, 9th Floor
Denver, CO 80203
Exhibit A2
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
5.8 Reporting. Grantee shall submit the following reports, and any other reports requested
by POST using the State-provided reporting forms by their due date. A report must be
submitted for every calendar quarter, including partial calendar quarters, as well as for
periods where no grant activity occurs. Future awards and fund draw-downs may be
withheld if these reports are delinquent.
Report Period Report Type Due Date
July 1st-September 30th Progress and Financial October 7th
October 1st- December 31st Progress and Financial January 6th
January 1st—March 31st Progress and Financial April 7th
July 1st—June 30th Equipment Inventory June 30th
April 1st-June 30th Final Progress and Final July 7th
Financial
5.9 Reporting of Unexpended Funds. Grantee shall inform POST in writing, no later than
March 31,2023 of the status of any potential unexpended balance(cost savings). Grantees
failure to notify POST of any unexpended balance may result in the reduction or
termination of future awards.
5.10 Monitoring. The State shall monitor this Grant through review of submitted reports
and other documents as necessary or may also conduct on-site monitoring of the Grantee
to determine whether performance goals, administrative standards, financial
management and other requirements of the Grant have been met.
5.11 Mandatory Attendance. Grantee attendance at webinars and trainings conducted by
POST to enhance the administration of the Grant program is required. Grantee will be
notified of all such trainings at least 30 days in advance and shall be reimbursed by POST
for per diem and lodging.
5.12 POST Acknowledgement. Grantees are encouraged to make the results and
accomplishments of their project activities available to the public. All materials
published or resulting from award activities, including videos must contain an
acknowledgement of POST support.
5.13 Publications. The grant recipient agrees that any publications, whether written, visual
or audio, but excluding press releases, newsletters and issue analysis, issued by the
grantee describing training funded in whole or part shall contain the following
statement: "This training was supported by a grant from the State of Colorado Office of
Peace Officer Standards and Training".
5.14 Curriculum and Instructor Review. Training courses (except for out of state
training) and instructors funded by the POST Region Grant Program must be reviewed
by POST and assigned a course number prior to the course start date. POST is not
liable to reimburse the Grantee for classes that have not been reviewed or assigned a
course code number prior to the training. Instructor programs require POST-Board
Subject Matter Expert (SME) Committee approval.
5.15 Eligible Training Recipients. POST training region funds are for peace officers who
are current employees of law enforcement agencies within the State of Colorado. Civilian
employees, civilian employees of law enforcement agencies, federal employees or military
personnel may enroll in these courses only if there are extra spaces available and no
peace officers are displaced or wait listed. Civilian, federal and military personnel may
not be provided POST funds for scholarships, nor may funds be used to provide
refreshments or class supplies. If personnel attending classes are not peace officers the
Exhibit A3
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
Training Region is responsible to identify those names on the attendance roster prior to
submitting the roster to POST. Grantees may not include civilian, military or military
personnel in their reporting numbers to POST or include them in the number of students
attending in the grant management data base.
5.16 Ineligible Training Recipients: Law enforcement agencies who are suspended from
receiving or attending any POST funded training may not benefit from POST-funded
classes. The suspension remains in affect until December 31, 2022. The Training Region
is responsible to ensure officers from these agencies are not the recipients of POST-
funded training. POST is not liable to reimburse the Grantee for personnel attending
classes from law enforcement agencies who are suspended from receiving or attending
POST-funded training. The following law enforcement agencies are suspended from
receiving or attending any POST funded training until December 31, 2022:
Central Mountain Greater Metro Southeast
Training Region Training Region Training Region
Custer County Lakeside Police Aguilar Marshal's
Sheriffs Office Department Office
Huerfano County
Sheriffs Office
5.17 Equipment Report. If your grant purchased equipment a POST-Inventory Equipment
Report must be submitted by June 30th each year. Equipment records must be retained
for seven (7) years from the date the report is submitted to POST. If any litigation, claim
or audit is started before the expiration of the seven-year period, the records shall be
retained until the litigation, claims, or audit findings involving records have been
resolved.
5.18 Retention of Records. 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 6/30/2018, the state fiscal year would be July 1, 2017 to June 30, 2018. The
files could be destroyed after June 30, 2021. If an audit is in progress and/or the findings
of a completed audit have not been resolved satisfactorily, then records must be retained
beyond the three-year period until such issues are resolved.
5.19 Grant Records. Grant records include all financial records, supporting documentation,
statistical records, and all other records pertinent to the grant. These include books of
original entry, source documents supporting accounting transactions, the general ledger,
subsidiary ledgers, personnel and payroll records, consultant/volunteer time and activity
reports, canceled checks, related documents and records.
5.20 Conflict of Interest. In addition to any other applicable laws, the provisions of this
section shall apply to all POST grant agreements:
The following individuals shall not solicit or accept, directly or indirectly, any personal
benefit or promise of a benefit from the grant recipient or a person negotiating, doing
business with, or planning, within the individual's knowledge, to negotiate or do
business with the contracting agency:
A member, or any other person or entity under contract with any governmental
body that exercises any functions or responsibilities in the review or approval of
the undertaking or carrying out of the project, including but not limited to any
employee of the contracting agency or any person serving as the monitor of a
Exhibit A4
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
personal services contract or a member of the immediate family of any individual
described above.
No individual described in paragraph (2) of this subsection shall use his or her position,
influence, or information concerning such negotiations, business, or plans to benefit him
or herself or another.
A grant recipient shall agree that at the time of contracting the grant recipient has no
interest and shall not acquire any interest, direct or indirect, that would conflict in any
manner or degree with the performance of the grant recipient's services. The grant
recipient shall further covenant that, in the performance of the contract, the grant
recipient shall not employ persons having any such known interests.
5.21 Insurance. Grantee shall obtain and maintain insurance as specified in the grant
agreement at all times during the term of the award.
5.22 Revision to Guidelines. In response to new state regulations, or to changing
circumstances among law enforcement training community or to resources available to
peace officers, it may, from time to time, be necessary to change the POST Grant
Program Guidelines. Changes impacting grant recipients will be communicated to
Regional grantees in order to seek input prior to implementation.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Exhibit AS
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
(. olor facto Peace officer eh)
Standards and Training
Exhibit B
Overall Summary
Requested Approved
Training $137,797.00 $137,797.00
Equipment $6,875.00 $6,875.00
Scholarships $24,021.00 $24,021.00
Grant Management $8,435.00 $8,435.00
Program Delivery $16,869.00 $16,869.00
Grand Total $193,997.00 $193,997.00
Exhibit B-1
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
Colorado Peace Officer elk
Starlddr ds and Training
Exhibit B
Equipment
Equipment Equipment Serial Grantee Approved
Title Description Category Expense Uniqueue Comments Amount
Identifier
Fuel and CMTR Truck Miscellaneous $1,500.00 $1,500.00
Maintenance
Turning target
system
Shooting Range maintenance, Firearms $1,500.00 $1,500.00
Material target backers,
lath,misc range
material
Ammunition and
Ammunition UTM ammo for Firearms $3,875.00 $3,875.00
regional training
classes.
$6,875.00 $6,875.00
Exhibit B-2
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
4 '* ` Colorado Peace Officer
4.15110
Standards and Training ti-7 ..
Exhibit B
Scholarships
Expense
Expense Tuition/Re Expense Expense Expense Grantee Approved
Title Description Backfill gistration Student Lodging Training Total Comments Amount
Cost Fee Per Diem Supplies
Scholarshi Regional
ps scholarshi $0.00 $24,021.00 $0.00 $0.00 $0.00 $24,021.00 $24,021.00
ps
$0.00 $24,021.00 $0.00 $0.00 $0.00 $24,021.00 $24,021.00
Exhibit B-3
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
• Colorado Peace Officer 4010
Standards and 1 Training __
Exhibit B
Class Details
Course ID (if known at time of application)
ID0001
Class Title
Class #1-Instructor Methodology, Train the Trainer- Neal Tyler
Class Description
The Training of trainer's class being taught is a P.O.S.T. approved training course which is a
requirement for teaching basic academy classes and for skills areas within the training environment.
While this is not a current requirement for in-service training in Colo. at this time it is highly
recommended for in-service trainers as well. This class involves an in-depth look at the development of
professional lesson plans, writing performance objectives and how to meet and measure those
objectives and much more. We will cover many of the following topics of instruction and more: Adult
learning styles, and its relevance to the trainer in designing classes Preparation of Performance
objectives Training methods for the law enforcement trainer One on one training strategies for the
trainer Emotional Intelligence Preparing course lesson plans Liabilities involved in law enforcement
training Development of testing and evaluation instruments for training classes.
Training Category
Instructor Development
Start Date (est.)
08/15/2022
End Date (est.)
08/19/2022
Exhibit B-4
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
Colorado Peace Officer ^FPI
Standards and Training r,r,
Exhibit B
Name of Facility
Fremont Sheriffs Office
Hosting Agency
Central Mountain Training Region
Class Location City
Canon City
Provider Name
Nova Defense
Instructor Name
Neal Tyler
Anticipated # of Students
20
Estimated Length of Class (# of hrs)
40
Financial Details
Expense Facility Fee
Expense Training Supplies
$350.00
Exhibit B-5
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
4 ' Colorado Peace Officer iOki
'7 /
Standards and Training =-
Exhibit B
Expense Refreshments
$500.00
Expense Instructor Costs
$6,050.00
Expense Backfill Cost
Expense Per Diem
Expense Lodging
Additional Comments
Total Expense
$6,900.00
Exhibit B-6
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
Colorado Peace Officer
Standards and Training
Exhibit B
Class Details
Course ID (if known at time of application)
Class Title
Class #2-Handgun Instructor (Kleiber)
Class Description
This 5-day Handgun Instructor Program is a 40-hour POST approved course. Upon successful
completion of the course a student will become a POST approved handgun instructor. Student
Completion Requirements: 1. The student must successfully pass the Handgun Qualification Course
with a score of 100% on the first day of the Handgun Instructor Program. 2. There will be a maximum of
two attempts to qualify. 3. Failure to qualify will result in dismissal from the Handgun Instructor
Program. 4. The student must attend all 40 hours of the Handgun Instructor Program. 5. The student
must abide by the four rules of firearms safety at all times (failure to do so will result in dismissal). 6.
Only approved duty weapons of the student's agency will be authorized in the Handgun Instructor
Program. CMTR is providing ammunition in 9mm, .40 S&W, and .45 ACP.
Training Category
Firearms
Start Date (est.)
10/10/2022
End Date (est.)
10/14/2022
Name of Facility
Exhibit B-7
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
• Colorado Peace Officerf101ott
Standards and Training --
Exhibit B
Pueblo Police Department
Hosting Agency
Central Mountain Training Region
Class Location City
Pueblo
Provider Name
Kleiber Investigations and Training
Instructor Name
Dave Kleiber
Anticipated # of Students
20
Estimated Length of Class (# of hrs)
40
Financial Details
Expense Facility Fee
Expense Training Supplies
$4,000.00
Expense Refreshments
Exhibit B-8
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
• Colorado Peace Officer int
Standards and Training
Exhibit B
$500.00
Expense Instructor Costs
$10,000.00
Expense Backfill Cost
Expense Per Diem
Expense Lodging
Additional Comments
Total Expense
$14,500.00
Exhibit B-9
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
Colorado Peace Officer
Standards and Training
Exhibit B
Class Details
Course ID (if known at time of application)
Class Title
Class #3-Handgun Red Dot Instructor (Kleiber)
Class Description
The student will obtain the skill and knowledge to instruct other law enforcement officers in the use of
reflex sights as a primary sighting instrument for their duty handgun. Students will obtain the knowledge
to develop and implement a reflex sight transition program and an in- service training program for their
agency. Course Learning Objectives: •Understanding the Reflex Sight •EquipmentAvailable -Guns -Sights
-Holsters •Presentation / Draw •RecoilManagement •Low Light / Flashlight Issues •Maintenance •Zeroing
-Program Development -Transition Training -In-Service Training -Maintenance
Training Category
Firearms
Start Date (est.)
10/24/2022
End Date (est.)
10/26/2022
Name of Facility
Pueblo Police Department
Hosting Agency
Exhibit B-10
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
* , Colorado Peace Officer
Standards and Training
Exhibit B
Central Mountain Training Region
Class Location City
Pueblo
Provider Name
Kleiber Investigations and Training
Instructor Name
Dave Kleiber
Anticipated # of Students
20
Estimated Length of Class (#of hrs)
24
Financial Details
Expense Facility Fee
Expense Training Supplies
$6,000.00
Expense Refreshments
$300.00
Expense Instructor Costs
Exhibit B-11
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
' • Colorado Peace Officer
elli0P14
Standards and Training __
Exhibit B
$7,500.00
Expense Backfill Cost
Expense Per Diem
Expense Lodging
Additional Comments
Total Expense
$13,800.00
Exhibit B-12
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
't 4 • Colorado Peace Offhcer
Standards and Training
Exhibit B
Class Details
Course ID (if known at time of application)
TC0064
Class Title
Class #4-SWAT School (PPD)
Class Description
This basic S.W.A.T. course is for individuals or teams who are full-time, sworn law enforcement officers.
This course involves heavy physical activity and participants should be prepared to meet both a
minimum physical requirement, as well as a mental challenge. This course will focus on tactical skills
that will prepare the officer to function as a team member. Also covered will be team organization,
operations and movement involving dynamic and deliberate clearing procedures, less lethal
considerations (with certification), vehicular takedowns, manual breaching, weapons handling/use, and
simunition training.
Training Category
Tactical & Specilized Teams
Start Date (est.)
05/01/2022
End Date (est.)
05/05/2022
Name of Facility
Pueblo Police Department
Exhibit B-13
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
* ~ ' Colorado Peace Officer icer
IMF
Standards and Training
Exhibit B
Hosting Agency
Pueblo Police Department
Class Location City
Pueblo
Provider Name
Central Mountain Training Region
Instructor Name
Dennis Furbush
Anticipated # of Students
20
Estimated Length of Class (# of hrs)
40
Financial Details
Expense Facility Fee
Expense Training Supplies
$5,500.00
Expense Refreshments
$500.00
Exhibit B-14
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
• Colorado Peace Officer
Standards and Training
Exhibit B
Expense Instructor Costs
Expense Backfill Cost
Expense Per Diem
Expense Lodging
Additional Comments
Total Expense
$6,000.00
Exhibit B-15
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
` ( oloradO Peace Oft Icer �! , �'
Standards and Training --
Exhibit B
Class Details
Course ID (if known at time of application)
Class Title
Class #5-Principles of Policing (Callbox)
Class Description
This course, which is best described as "a re-commitment to policing," is a guided exploration of the 9
axioms issued by Sir Robert Peel that established the basic rules of modern policing. During the 16-hour
course, we cover basic topics such as Ethics and De-Escalation. But, by using multiple methods of
learning and challenging discussions that engage critical thinking, we also delve into the areas of public
perceptions and managing community Withdrawals and Deposits.
Training Category
Ethics
Start Date (est.)
09/08/2022
End Date (est.)
09/09/2022
Name of Facility
Pikes Peak Community College
Hosting Agency
Exhibit B-16
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
' • Colorado Peace Officer jai
Standards and Training
Exhibit B
Central Mountain Training Region
Class Location City
Colorado Springs
Provider Name
Callbox Training
Instructor Name
Tyrone Cambell
Anticipated # of Students
30
Estimated Length of Class (# of hrs)
16
Financial Details
Expense Facility Fee
Expense Training Supplies
Expense Refreshments
$300.00
Expense Instructor Costs
$8,000.00
Exhibit B-17
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
Colorado Peace Officer
Standards and Training -
Exhibit B
Expense Backfill Cost
Expense Per Diem
Expense Lodging
Additional Comments
Total Expense
$8,300.00
Exhibit B-18
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
Colorado Peace Of tic ir110
Standards and Training
Exhibit B
Class Details
Course ID (if known at time of application)
Class Title
Class#6-Detecting Danger (Callbox)
Class Description
Detecting Danger.
Training Category
Officer Safety
Start Date (est.)
12/09/2022
End Date (est.)
12/09/2022
Name of Facility
Salida Police Department
Hosting Agency
Central Mountain Training Region
Class Location City
Exhibit B-19
DocuSign Envelope ID:3F080BD4-8804-4EA6-A4A4-3BAD45395902
! ' • Colorado Peace Officer elt
Standards and Training
Exhibit B
Salida
Provider Name
Callbox Training
Instructor Name
Tyrone Campbell
Anticipated # of Students
30
Estimated Length of Class (#of hrs)
8
Financial Details
Expense Facility Fee
Expense Training Supplies
Expense Refreshments
$150.00
Expense Instructor Costs
$5,000.00
Expense Backfill Cost
Exhibit B-20
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
" • Colorado Peace Officer ell
Standards and Training --
Exhibit B
Expense Per Diem
Expense Lodging
Additional Comments
Total Expense
$5,150.00
Exhibit B-21
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
" Colorado Peace Officer rib
Standards and Training
Exhibit B
Class Details
Course ID (if known at time of application)
Class Title
Class #7-Emotional Intelligence (Callbox)
Class Description
To some, Emotional Intelligence seems to be the new training buzz-word, but E.I. has been around since
the 30's, when it was described as Social Intelligence. In today's policing environment, training,
evaluating and considering how an officer perceives, understands or manages emotion, could be the
difference between success and a place in the national spotlight. Our Emotional Intelligence training has
been vetted through hundreds of employees and has allowed for numerous individuals to gain self-
awareness, before they became the next sensational news story.
Training Category
Management & Emotional Survival
Start Date (est.)
01/27/2023
End Date (est.)
01/27/2023
Name of Facility
Canon City Police Dept
Hosting Agency
Exhibit B-22
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
' • Colorado Peace Of(icer
Standards and Training --
Exhibit B
Central Mountain Training region
Class Location City
Canon City
Provider Name
CaliBox Training
Instructor Name
Tyrone Campbell
Anticipated # of Students
30
Estimated Length of Class (# of hrs)
8
Financial Details
Expense Facility Fee
Expense Training Supplies
Expense Refreshments
$150.00
Expense Instructor Costs
$5,000.00
Exhibit B-23
DocuSign Envelope ID:3F0806D4-8604-4EA6-A4A4-3BAD45395902
' ( ()foraCd() Peace Off Icer ONO
Standards and Training
Exhibit B
Expense Backfill Cost
Expense Per Diem
Expense Lodging
Additional Comments
Total Expense
$5,150.00
Exhibit B-24
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
t ` • Colorado Peace Officer
Standards and Training 117
Exhibit B
Class Details
Course ID (if known at time of application)
Class Title
Class #8-Drug Interdiction (Desert Snow)
Class Description
This 3-day course is designed to provide officers with all the skills needed to interdict criminal activity
during traffic stops and find illegal contraband concealed within hidden compartments. The 2022 hands-
on workshop has been updated and includes new trap vehicles, new traffic stop videos, new displays,
new concealment videos, and many more great updates. This workshop course averages an A+ rating
from our students and 100% of our attendees say they would recommend the course to others! We are
also proud of the continual feedback we receive from our attendees about seizures they make within
days of attending this workshop class! The student/instructor ratio for the workshop is 8/1 to ensure an
optimal learning environment.
Training Category
Drugs & Other Illicit Substances
Start Date (est.)
04/25/2023
End Date (est.)
04/27/2023
Name of Facility
Pikes Peak Community College
Exhibit B-25
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
Colorado Peace Officer
Standards and Training
Exhibit B
Hosting Agency
Central Mountain Training region
Class Location City
Colorado Springs
Provider Name
Desert Snow
Instructor Name
Desert Snow Staff
Anticipated #of Students
40
Estimated Length of Class (# of hrs)
24
Financial Details
Expense Facility Fee
Expense Training Supplies
Expense Refreshments
$600.00
Expense Instructor Costs
Exhibit B-26
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
4 • Colorado Peace Officer 4010
Standards and Training
Exhibit B
$29,250.00
Expense Backfill Cost
Expense Per Diem
Expense Lodging
Additional Comments
Total Expense
$29,850.00
Exhibit 8-27
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
• Colorado Peace Officer Arai
Standards and Training
Exhibit B
Class Details
Course ID (if known at time of application)
Class Title
Class #9-Leadership Command #2 CLI (FBI Leeda)
Class Description
FBI Leadership class #2 CLI
Training Category
Leadership
Start Date (est.)
01/16/2023
End Date (est.)
01/20/2023
Name of Facility
Pueblo Police Department
Hosting Agency
Central Mountain Training
Class Location City
Exhibit B-28
DocuSign Envelope ID:3F080BD4-8604-4EA6-A4A4-3BAD45395902
• otorado Peace Officer rib
Standards and Training
Exhibit B
Pueblo
Provider Name
FBI
Instructor Name
FBI Staff
Anticipated # of Students
25
Estimated Length of Class (# of hrs)
40
Financial Details
Expense Facility Fee
Expense Training Supplies
Expense Refreshments
$625.00
Expense Instructor Costs
$18,750.00
Expense Backfill Cost
Exhibit B-29
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
Colorado Peace Officer
Standards and Training
Exhibit B
Expense Per Diem
Expense Lodging
Additional Comments
Total Expense
$19,375.00
Exhibit B-30
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
Colorado Peace Officer gift
Standards and Training --
Exhibit B
Class Details
Course ID (if known at time of application)
FA0028
Class Title
Class #10-Basic Carbine (Sven Bonnelycke)
Class Description
This basic Patrol Rifle Operator Course is a three-day course designed for patrol officers or others who
will or may have access to a patrol rifle for use during their tour of duty. The class will cover officer
liability, safety, loading, unloading, and cruiser ready, nomenclature and cleaning of the rifle, mechanical
zero and precision zero, shooting fundamentals, rifle deployment, shooting positions, use of cover and
concealment,transition drills, flashlight use, and shooting skills.
Training Category
Firearms
Start Date (est.)
03/22/2023
End Date (est.)
03/24/2023
Name of Facility
Pueblo Police Department
Hosting Agency
Exhibit B-31
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
t ^ ' Colorado Peace Officer 4064
Standards and Training --
Exhibit B
Central Mountain Training Region
Class Location City
Pueblo
Provider Name
Sven Bonnelycke
Instructor Name
Sven Bonnelycke
Anticipated # of Students
16
Estimated Length of Class (# of hrs)
24
Financial Details
Expense Facility Fee
Expense Training Supplies
$3,340.00
Expense Refreshments
$240.00
Expense Instructor Costs
Exhibit B-32
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
t • C.o1oradto Peace Officer eat
Standards and Training
Exhibit B
$1,200.00
Expense Backfill Cost
Expense Per Diem
Expense Lodging
Additional Comments
Total Expense
$4,780.00
Exhibit B-33
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
• ' Colorado Peace Officer
Standards and Training
Exhibit B
Class Details
Course ID (if known at time of application)
Class Title
Class #11-Carbine Instructor (Sven Bonnelycke)
Class Description
Patrol Carbine Instructor course. The student will obtain the skills necessary to instruct a Patrol Carbine
course for their agency.
Training Category
Firearms
Start Date (est.)
04/03/2023
End Date (est.)
04/07/2023
Name of Facility
Pueblo Police Department
Hosting Agency
Central Mountain Training Region
Class Location City
Exhibit B-34
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
4 , Colorado Peace Officer et)
Standards and 'Iraining
Exhibit B
Pueblo
Provider Name
Sven Bonnelycke
Instructor Name
Sven Bonnelycke
Anticipated # of Students
16
Estimated Length of Class (#of hrs)
40
Financial Details
Expense Facility Fee
Expense Training Supplies
$4,342.00
Expense Refreshments
$400.00
Expense Instructor Costs
$2,000.00
Expense Backfill Cost
Exhibit B-35
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
" ' Colorado Peace Officer 4010
Standards and Training PI
Exhibit B
Expense Per Diem
Expense Lodging
Additional Comments
Total Expense
$6,742.00
Exhibit B-36
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
• Colorado Peace Officer Phi
Standards and •lraining
Exhibit B
Class Details
Course ID (if known at time of application)
os0007
Class Title
Class #12-Crisis Intervention (CIT) (Eric Frederick)
Class Description
CIT is a 40 hour weeklong course that provides a foundation to promote participants understanding of
mental health disorders as well as typical behavioral issues that accompany these disorders. The course
prepares participants to recognize and deescalate individuals they encounter who may be experiencing a
mental health crisis. Our CIT course uses mental health professionals and law enforcement for
instruction and coaching as well as paid professional actors to provide reality-based training.
Training Category
Officer Safety
Start Date (est.)
03/06/2023
End Date (est.)
03/10/2023
Name of Facility
Health Solutions campus Pueblo
Hosting Agency
Exhibit B-37
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
.010rad Peace Officer rill
Standards and Training
Exhibit B
Central Mountain Training Region
Class Location City
Pueblo
Provider Name
Accurate Training LLC
Instructor Name
Eric Frederick
Anticipated #of Students
30
Estimated Length of Class (# of hrs)
40
Financial Details
Expense Facility Fee
Expense Training Supplies
Expense Refreshments
$750.00
Expense Instructor Costs
$16,500.00
Exhibit B-38
DocuSign Envelope ID:3F080BD4-8804-4EA6-A4A4-3BAD45395902
Colorado Peacc Officer 411,10
St<rncfarcfs and fraining
M
Exhibit B
Expense Backfill Cost
Expense Per Diem
Expense Lodging
Additional Comments
Total Expense
$17,250.00
Exhibit B-39
DocuSign Envelope ID:3F080BD4-8B04-4EA6-A4A4-3BAD45395902
EXHIBIT C, SAMPLE OPTION LETTER
State Agency Option Letter Number
DEPARTMENT OF LAW, PEACE OFFICER
STANDARDS AND TRAINING
Grantee Original Agreement Number
CITY OF PUEBLO
Current Agreement Maximum Amount Option Agreement Number
Initial Term
State Fiscal Year 2023 $0.00
Agreement Performance Beginning Date
Month Day,Year
Current Agreement Expiration Date
Month Day,Year
Total $0.00
1. OPTIONS:
A. Option to extend for an Extension Term
B. Option to change the quantity of Goods under the Agreement
C. Option to change the quantity of Services under the Agreement
D. Option to modify Agreement rates
E. Option to initiate next phase of the Agreement
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s)Number of the Original Agreement referenced above,
the State hereby exercises its option for an additional term,beginning Insert start date and ending on the current
Agreement expiration date shown above,at the rates stated in the Original Agreement,as amended.
B. For use with Options 1(B and C): In accordance with Section(s)Number of the Original Agreement referenced
above,the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the
rates stated in the Original Agreement,as amended.
C. For use with Option 1(D): In accordance with Section(s)Number of the Original Agreement referenced above,
the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter.
The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option
Effective Date of this Option Letter.
D. For use with Option 1(E): In accordance with Section(s)Number of the Original Agreement referenced above,
the State hereby exercises its option to initiate Phase indicate which Phase: 2,3,4,etc,which shall begin on Insert
start date and end on Insert ending date at the cost/price specified in Section Number.
E. For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount
table on the Agreement's Signature and Cover Page is hereby deleted and replaced with the Current Agreement
Maximum Amount table shown above.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or ,whichever is later.
In accordance with §24-30-202,C.R.S.,this Option is not
STATE OF COLORADO valid until signed and dated below by the State Controller or
Jared S. Polis,Governor an authorized delegate.
Department of Law STATE CONTROLLER
Philip J. Weiser, Attorney General Robert Jaros,CPA, MBA,JD
By:
By: Eric Meyer,Chief Operating Officer By: Melissa Moynham,Department of Law
State Controller Delegate
Date:
Option Effective Date:
Exhibit CI