HomeMy WebLinkAbout10376
ORDINANCE NO. 10376
AN ORDINANCE APPROVING AND ACCEPTING A
GRANT AGREEMENT FOR THE CITY OF PUEBLO FROM
THE STATE OF COLORADO DEPARTMENT OF PUBLIC
SAFETY, DIVISION OF CRIMINAL JUSTICE FOR THE
BETTER LED SPACES GRANT, AUTHORIZING THE
MAYOR TO EXECUTE SAME, ESTABLISHING PROJECT
NUMBER CI2314, AND BUDGETING AND
APPROPRIATING FUNDS IN THE AMOUNT OF $744,000
TO PROJECT NUMBER CI2314
WHEREAS, the City Council of Pueblo has the authority on behalf of the City of
Pueblo to accept funding from the State of Colorado Department of Public Safety,
Division of Criminal Justice, for public and municipal purposes; and
WHEREAS, the State of Colorado Department of Public Safety, Division of
Criminal Justice has tendered a grant award in the total amount of $744,000.00 upon
conditions recited therein or incorporated therein by reference; and
WHEREAS, acceptance of the funding for the purposes for which it has been
made is in the best interest of the City and will benefit the health, welfare, and safety of
the citizens of the City; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Grant Award Letter (Intergovernmental Grant Agreement), DCJ Grant #:
2023-SS-23-9, (“Agreement”) between the City of Pueblo, a Municipal Corporation, and
the State of Colorado Department of Public Safety, Division of Criminal Justice, for the
Better LED spaces project, a copy of which is attached hereto, having been approved
as to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute the Agreement in the name and on
behalf of the City of Pueblo, where the Mayor may execute the Agreement by electronic
signature and such electronic signature shall be attributable to the Mayor and the City of
Pueblo.
SECTION 3.
Project Number CI2314 is hereby established.
SECTION 4.
The grant award from the State of Colorado Department of Public Safety,
Division of Criminal Justice, totaling $744,000.00 is hereby approved and accepted in
accordance with the Agreement.
SECTION 5.
All funds accepted pursuant to this Ordinance shall be budgeted and
appropriated into Project Number CI2314. Said funds shall only be expended and used
for this project.
SECTION 6.
Pursuant to the Agreement, the State of Colorado Department of Public Safety,
Division of Criminal Justice, may unilaterally amend the terms of the Agreement or the
amount of grant funds pursuant to an Option Letter or Grant Funding Change Letter. In
the event the State increases the grant award via such a letter, the additional funds may
be accepted pursuant to this Ordinance and budgeted and appropriated into Project
Number CI2314, where said funds shall only be expended and used for this project.
SECTION 7.
The officers and staff of the City are authorized to perform any and all acts
consistent with the intent of this Ordinance to implement the policies and procedures
described herein.
SECTION 8.
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 January 23, 2023 .
Final adoption of Ordinance by City Council on February 13, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on February 15, 2023 .
□ 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
Deputy City Clerk
City Clerk's Office Item # R2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: January 23, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Steven Meier, Director of Parks and Recreation
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A GRANT
AGREEMENT FOR THE CITY OF PUEBLO FROM THE STATE OF
COLORADO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF
CRIMINAL JUSTICE FOR THE BETTER LED SPACES GRANT,
AUTHORIZING THE MAYOR TO EXECUTE SAME, ESTABLISHING
PROJECT NUMBER CI2314, AND BUDGETING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $744,000 TO PROJECT NUMBER CI2314
SUMMARY:
This Ordinance approves and accepts the Better LED Spaces Grant awarded by the
State of Colorado Department of Public Safety, Division of Criminal Justice which would
improve public safety by bettering park lighting with upgrades and additions of LED
lighting fixtures in City Park, Mitchell Park, and Ray Aguilera Park, which were
determined to be three of the City’s parks with the highest-crime incidents.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
In August 2022, the City submitted a grant seeking funding from the State of Colorado
Department of Public Safety, Division of Criminal Justice relating to their Crime
Prevention through Safer Streets Grant Program, which aims to make Colorado one of
the safest states in the nation.
The Parks and Recreation Department collaborated with the Pueblo Police Department
to identify parks that exhibit high crime statistics that would benefit from additional and
upgraded LED lighting. Extensive data that supported where lighting can deter crime in
our parks system was provided which determined that City Park, Mitchell Park, and Ray
Aguilera Park would benefit the greatest from the additional LED park lighting. In mid-
November, we received an email notifying us that we received a grant in the amount of
$744,000 to improve the lighting in these parks.
FINANCIAL IMPLICATIONS:
The Capital improvement fund will initially pay the expenses of the lighting, and will be
reimbursed by the State of Colorado per the terms of the grant agreement, up to
$744,000.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance
ALTERNATIVES:
Should Council choose not to approve this grant agreement, the additional and
upgraded LED lighting will not be installed and other funding sources must be found to
cover the costs of improving the park lighting to deter crime in those neighborhoods.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. 2022 Crime Prevention through Safer Streets grant agreement_01.23.23
vow otyl t ct I vciope ILJ. I LA/JJ I 11t / / LULU
Grantee: City of Pueblo
Project: Better LED Spaces DCJ Grant 2023-SS-23-9
GRANT AWARD LETTER
(Intergovernmental Grant Agreement)
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency D(.1 Grant Number
Department of Public Safety. Division of Criminal Justice 2023-SS-23-9
Grantee Federal Unique Entity Identifier(UEI)
City of Pueblo NJK3BNUDRHJ7
Grant Issuance Date(Start Date) Grant Expiration Date(End Date)
The later of the Effective Date or January 1, 2023 June 30. 2023
Grant Amount Grant Authority(State Authority)
State Fiscal Year 2022-2023: S744.000 The Division of Criminal Justice is authorized to disburse
these funds by Colorado Revised Statute 2.4-33.503 and 507.
Total for all State Fiscal Years: S744,000 C.R.S. 24-33.5-117. Crime prevention through the safer
I streets grants program
Grant Description
The Better LED spaces project will improve public safety. by bettering park lighting with upgrades and additions of LED
lighting fixtures. Investments will be most worthwhile in Pueblo's highest-crime neighborhoods. This strategy will not only act
as a situational deterrent to crime, but will also improve conununity cohesion and pride,which in turn increases the willingness
of residents to intervene in crime and cooperate with the police. Improvements to the physical environment of crime-
susceptible areas will dissuade potential offenders. Improved lighting will send a message to potential offenders that the
neighborhood no longer offers easy opportunities for crime.
Grant Purpose
To award grant finding to eligible recipients for the evaluation of and design of safer streets and neighborhood models that
discourage crime, revitalize community image. and establish place-specific crime prevention strategies that account for
geographic. cultural.economic, and social characteristics of the target areas.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
1. Exhibit Al. Sample Option Letter.
2. Exhibit A2. Sample Grant Funding Change Letter
3. Exhibit B.Grant Requirements.
4. Exhibit C. Special Conditions.
5. Exhibit D. Statement of Work.
6. Exhibit E. Budget.
In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
1. Exhibit C. Special Conditions.
2. The provisions of the other sections of the main body of this Agreement.
3. Exhibit B. Grant Requirements.
4. Exhibit D. Statement of Work.
5. Exhibit E. Budget.
Page 1 of 12 05 IC, DC?(4 22,
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Grantee:City of Pueblo
Project: Better LED Spaces DCJ Grant 4: 2023-SS-23-9
SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
STATE OF COLORADO
Jared S. Polis,Governor
Department of Public Safety
Stan Hilkey, Executive Director
LDocuSlgned by:
4C3.
By: ❑ Joe Thome,Director,or
IZ Debbie Oldenettel, Deputy Director
12/28/2022 1 8:59:04 AM PST
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
-DoeuSegned by:
17144$47 eldhawft
I,__9R1DRRn n FI4n.c
By: Lyndsay J. Clelland,Contract and Grant Coordinator,Division of Criminal Justice
12/30/2022 1 1:27:13 PM MST
Effective Date:
,
Nicholas Grad , Mayor
Page 2 of 12 Version 08 10 2021(DCJ 04-2)
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Grantee: City of Pueblo
Project: Better LED Spaces DCJ Grant 2023-SS-23-9
TABLE OF CONTENTS
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS 1
SIGNATURE PAGE
1. GRANT 3
2. TERM 3
3. DEFINITIONS 4
4. STATEMENT OF WORK 6
PAYMENTS TO GRANTEE 6
6. REPORTING -NOTIFICATION 7
7. GRANTEE RECORDS 7
S. CONFIDENTIAL INFORMATION-STATE RECORDS 8
9. CONFLICTS OF INTEREST 9
10. INSURANCE 9
11. REMEDIES 9
12. DISPUTE RESOLUTION 10
13. NOTICES AND REPRESENTATIVES 10
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 10
15. GOVERNMENTAL IMMUNITY 10
16. GENERAL PROVISIONS 10
EXHIBIT Al. SAMPLE OPTION LETTER 1
EXHIBIT A2. GRANT FUNDING CHANGE LETTER 1
EXHIBIT B. GRANT REQUIREMENTS
EXHIBIT C, SPECIAL CONDITIONS 1
EXHIBIT D, STATEMENT OF WORK 1
EXHIBIT E, BUDGET
1. GRANT
As of the Grant Issuance Date.the State Agency shown on the first page of this Grant Award Letter
(the "State") hereby obligates and awards to Grantee shown on the first page of this Grant Award
Letter (the "Grantee") an award of Grant Funds in the amounts shown on the first page of this
Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter.
Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Grant Award Letter shall commence on the
Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter. Upon
request of Grantee. the State may. in its sole discretion. extend the term of this Grant Award
Letter in accordance with §16.D.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly. or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State or other funds used for this
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Grantee: City of Pueblo
Project: Better LED Spaces DC'J Grant=: 2023-SS 3-9
Grant Award Letter are not appropriated, or otherwise become unavailable to fund this Grant
Award Letter, the State. in its discretion. may terminate this Grant Award Letter in whole or
in part by providing written notice to Grantee that includes. to the extent practicable, the
public interest justification for the termination. If the State terminates this Grant Award Letter
in the public interest, the State shall pay Grantee an amount equal to the total reimbursement
payable under this Grant Award Letter that corresponds to the Work satisfactorily completed,
as determined by the State. less payments previously made. This subsection shall not apply
to a termination of this Grant Award Letter by the State for breach by Grantee.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. 'Budget" means the budget for the Work described in Exhibit E, Budget.
B. "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.
C. "CJI" means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions. including. without limitation. all information
defined as criminal justice information by the U.S. Department of Justice. Federal Bureau of
Investigation. Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under §24-72-302. C.R.S.
D. -CORA" means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
E. "Grant Award Letter" means this letter which offers Grant Funds to Grantee. including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and
cited authorities. and any future updates thereto.
F. "Grant Funds- means the funds that have been appropriated. designated. encumbered. or
otherwise made available for payment by the State under this Grant Award Letter.
G. "Grant Expiration Date"" means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
H. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this Grant
Award Letter.
I. "Exhibits"" exhibits and attachments included with this Grant as shown on the first page of
this Grant
J. "Extension Term means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Grant Award Letter
K. "Goods"" means any movable material acquired. produced. or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired. produced,
or delivered by Grantee in connection with the Services.
L. "Incident"means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification. disruption. or destruction of any State Records.
M. -Initial Term- means the time period between the Grant Issuance Date and the Grant
Expiration Date.
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Grantee: City of Pueblo
Project: Better LED Spaces DCJ Grant=: 2023-SS-23-9
N. "Party" means the State or Grantee. and "Parties" means both the State and Grantee.
O. "PCI" means payment card information including any data related to credit card holders'
names, credit card numbers, or the other credit card information as may be protected by state
or federal law.
P. "PH" 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.
Q. "PHI"means any protected health information, including,without limitation any information
whether oral or recorded in any form or medium: (i) that relates to the past. present or future
physical or mental condition of an individual; the provision of health care to an individual;
or the past, present or future payment for the provision of health care to an individual: and
(ii)that identifies the individual or with respect to which there is a reasonable basis to believe
the information can be used to identify the individual. PHI includes, but is not limited to, any
information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
R. "Services" means the services to be performed by Grantee as set forth in this Grant Award
Letter. 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 Contractor which (i) is subject to
disclosure pursuant to CORA: (ii) is already known to Contractor without restrictions at the
time of its disclosure to Contractor: (iii) is or subsequently becomes publicly available
without breach of any obligation owed by Contractor to the State; (iv) is disclosed to
Contractor, 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 S24-30-202(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. This establishes a procurement relationship. The subcontractor provides goods or
services for the benefit of the purchaser.
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Grantee: City of Pueblo
Project: Better LED Spaces DCJ Grant=: 2023-SS-23-9
X. "Subgrantee" means third-parties. if any, engaged by Grantee to aid in performance of the
Work. This establishes a grant relationship. The beneficiary, not the purchaser. receives
benefit from the work. There may be multiple tiers of subgrantees that do not include
procurement transactions.
Y. "Work" means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
Z. "Work Product"means the tangible and intangible results of the 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, and any other results of the Work. -Work
Product" does not include any material that was developed prior to the Grant Issuance Date
that is used, without modification. in the performance of the Work.
Any other term used in this Grant Award Letter 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 as described in this Grant Award Letter and in accordance with
the provisions of Exhibit E, Budget. The State shall have no liability to compensate or reimburse
Grantee for the delivery of any goods or the performance of any services that are not specifically
set forth in this Grant Award Letter.
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 Grant that exceeds the Grant Amount for
each State Fiscal Year shown on the first page of this Grant Award Letter. 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. The State shall
not be liable to pay or reimburse Grantee for any Work performed or expense incurred before
the Grant Issuance Date or after the Grant Expiration Date.
B. Reimbursement of Grantee Costs
The State shall reimburse Grantee's allowable costs. not exceeding the maximum total
amount described in this Grant Award Letter for all allowable costs described in this Grant
Award Letter 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 and receives approval from the State of the change, the change
does not modify the total maximum amount of this Grant Award Letter or the maximum
amount for any state fiscal year. and the change does not modify any requirements of the
Work. The State shall only reimburse allowable costs if those costs are: (i) reasonable and
necessary to accomplish the Work and for the Goods and Services provided: and (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).
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vUUUJK91I LI IVCIUpc IU. I CUJJ IU-40n.5-'+I JS,-U1.Y J-OUL.!f I'+f GUGU
Grantee: City of Pueblo
Project: Better LED Spaces DC'J Grant=: 2023-SS-23-9
C. Close-Out
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete
close out, Grantee shall submit to the State all deliverables (including documentation) as
defined in this Grant Award Letter and Grantee's final reimbursement request or invoice. The
State will withhold allowable costs until all final documentation has been submitted and
accepted by the State as substantially complete.
6. REPORTING - NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial. performance and other reports to the State no later than the
end of the close out described in §5.C. containing an evaluation and review of Grantee's
performance and the final status of Grantee's obligations hereunder.
B. Violations Reporting
Grantee shall disclose. in a timely manner. in writing to the State. all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting this
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 and Inspection
Grantee shall make. keep, and maintain, all records. documents. communications, notes and
other written materials,electronic media files. and communications.pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit. inspect. examine. excerpt. copy and transcribe
all such records during normal business hours at Grantee's office or place of business. unless
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Grant Award
Letter using procedures as determined by the State. Grantee shall allow the State to perform
all monitoring based on the State's risk analysis of Grantee. 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 maimer that
does not unduly interfere with Grantee's performance of the Work. If Grantee enters into a
subcontract or subgrant then Grantee shall contain provisions permitting both Grantee and
the State to perform all monitoring of that subcontractor or subgrantee.
C. 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 Grant or the Work. whether the
audit is conducted by Grantee or a third party. Additionally. if Grantee is required to perform
a single audit under 2 CFR 200.501. cr seq.. then Grantee shall submit a copy of the results
of that audit to the State within the same timelines as the submission to the federal
government.
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Grantee: City of Pueblo
Project: Better LED Spaces DC'J Grant : 2023-SS-23-9
8. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subgrantees and Subcontractors to hold and
maintain, ally and all State Records that the State provides or makes available to Grantee for
the sole and exclusive benefit of the State.unless those State Records are otherwise publicallv
available at the time of disclosure or are subject to disclosure by Grantee under CORA.
Grantee shall not. without prior written approval of the State. use for Grantee's own benefit.
publish. copy. or otherwise disclose to any third party. or permit the use by any third party
for its benefit or to the detriment of the State. any State Records, except as otherwise stated
in this Grant Award Letter. 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. If
Grantee or any of its Subgrantees or Subcontractors will or may receive the following types
of data. Grantee or its Subgrantees or Subcontractors shall provide for the security of such
data according to the following: (i) the most recently promulgated IRS Publication 1075 for
all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax
Information attached to this Grant as an Exhibit, if applicable. (ii) the most recently updated
PCI Data Security Standard from the PCI Security Standards Council for all PCI. (iii) the
most recently issued version of the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy for all C'JI. and (iv) the
federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA
Business Associate Agreement attached to this Grant. if applicable. Grantee shall
inunediately 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. Subgrantees and
Subcontractors as necessary to perform the Work. but shall restrict access to State
Confidential Information to those agents, employees, assigns. Subgrantees and
Subcontractors who require access to perform their obligations under this Grant Award
Letter. Grantee shall ensure all such agents. employees, assigns. Subgrantees and
Subcontractors sign nondisclosure agreements with provisions at least as protective as those
in this Grant. and that the nondisclosure agreements are in force at all times the agent,
employee, assign. Subgrantees or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
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 Grant. 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
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Grantee: City of Pueblo
Project: Better LED Spaces DO Grant;r: 2023-SS-23-9
Confidential Information. Grantee warrants it will guarantee the confidentiality off, 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. 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.
E. Safeguarding PII
If Grantee or any of its Subgrantees or 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(11(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
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 Grant. Grantee
acknowledges that. with respect to this Grant. even the appearance of a conflict of interest shall be
harmful to the State's interests and 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 Grant. 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.
10. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance. by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101. et seq.. C.R.S. (the "GIA"). Grantee shall ensure that
any Subgrantees and Subcontractors maintain all insurance customary for the completion of the
Work done by that Subgrantee or Subcontractor and as required by the State or the GIA.
11. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter. if Grantee fails
to comply with any term or condition of this Grant. the State may terminate some or all of this
Grant and require Grantee to repay any or all Grant funds to the State ill the State's sole discretion.
The State may also terminate this Grant Award Letter at any time if the State has determined, in
its sole discretion. that Grantee has ceased performing the Work without intent to resume
performance. prior to the completion of the Work.
Page 9 of 12 Ver ion,, ,,_� I,Dc?c4
IJUI.L101yI I LI IYCIUF/C ILL V/LUJ.)IU-4on-N-4I Jl.i-UI JJ'VU'.I 1141 LULU
Grantee: City of Pueblo
Project: Better LED Spaces DCJ Grant 2023-SS-23-9
12. DISPUTE RESOLUTION
Except as herein specifically provided otherwise disputes concerning the performance of this Grant
that cannot be resolved by the designated Party representatives shall be referred in writing to a
senior departmental management staff member designated by the State and a senior manager or
official designated by Grantee for resolution.
13. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing. and shall be delivered either in hard copy or by
email to the representative of the other Party. Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this §13.
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual. irrevocable, non-exclusive, royalty free license,with
the right to sublicense. to make. use, reproduce, distribute. perform. display. create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
15. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their 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 Contract 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.
16. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant 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 Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define. or limit its provisions. All references in this Grant
Award Letter 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.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work. and all prior representations and understandings related to the
Work. oral or written, are merged into this Grant Award Letter.
Page 10ot 12 ,_;s 1 DC?04'_
LUVU.NyI1 LI IVCIIJpc IL) JI LUJJ IU-40VH-4I UL-OI yJ'UVL,i I I'11 LULU
Grantee: City of Pueblo
Project: Better LED Spaces DCJ Grant 2023-SS-23-9
D. Modification
The State may modify the terms and conditions of this Grant by issuance 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.
i. For each fiscal year of the Grant. the State shall issue an updated Exhibit D,Statement
of Work and Exhibit E, Budget by Option Letter substantially equivalent to Exhibit
Al, Sample Option Letter each fiscal year (July 1 through June 30). Work shall not
begin on a new fiscal year until such an Option Letter is effective. The provisions of
the Option Letter shall become part of and be incorporated into this Grant.
ii. The State may. at the State's discretion. issue an updated Exhibit D, Statement of
Work and Exhibit E, Budget by Option Letter substantially equivalent to Exhibit Al,
Sample Option Letter to reflect changes during the fiscal 'ear. The provisions of the
Option Letter shall become part of and he incorporated into this Grant.
iii. Grantee may terminate the grant if the Grantee cannot adhere to the approved Exhibit
D, Statement of Work and Exhibit E, Budget as updated from time to time.
iv. The State may, at the State's discretion. use an Option Letter or Grant Funding Change
letter substantially equivalent to Exhibit Al, Sample Option Letter or Exhibit A2,
Sample Grant Funding Change Letter to modify the grant agreement. If exercised.
the provisions of the Option Letter or Grant Funding Change Letter shall become part
of and he incorporated into the grant agreement.
v. The State may increase or decrease the quantity of goods services described Exhibit D,
Statement of Work and Exhibit E, Budget based upon the rates established in the
Grant. If the State exercises the option. it will provide written notice to Grantee at least
15 days prior to the end of the current grant term in a form substantially equivalent to
Exhibit Al, Sample Option Letter.
vi. The State may add or delete the goods services described Exhibit D, Statement of
Work and Exhibit E, Budget as long as the change does not change the overall scope
of the approve grant. If the State exercises the option, it will provide written notice to
Grantee at least 15 days prior to the end of the current grant terns in a form substantially
equivalent to Exhibit Al, Sample Option Letter.
E. Statutes. Regulations. Fiscal Rules. and Other Authority
Any reference in this Grant Award Letter 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 Grant Issuance Date. Grantee shall strictly 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. 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
Page 11 of 12 VerslonCS 10_ -- DCJ:4__
VVt.UJiy1 LI IVeiUIJC IL/. .1l LUJJ IU-`10Jl'1-`1!Jl.-Uf 7J-UUL. /1't(LULU
Grantee: C'ity of Pueblo
Project: Better LED Spaces DC'J Grant 2023-SS-23-9
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant.
H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the Grant
and shall be enforceable by the other Party.
I. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above. this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties. Any services or benefits which third parties receive as a result of this
Grant are incidental to the Grant. and do not create any rights for such third parties.
J. Waiver
A Party's failure or delay in exercising any right. power. or privilege under this Grant Award
Letter. 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.
K. Accessibility
Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973,
as amended, and §§24-85-101, er 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 (WC'AG. incorporated in
the State of Colorado technology standards and available at
Imps: www.w3.org \VCAG21 .
Page 12 of 12 21,DC?04 22
IJULUolyl l LIIVCIUFJC IL) 7I LUJJ IU-40 f1-4I l 4f LULU
Grantee: City of Pueblo
Project: Better LED Spaces DC'J Grant 2023-SS-23-9
EXHIBIT Al, SAMPLE OPTION LETTER
State Agency Option Letter Number
Insert Department's or IHE's Full Legal Name Insert the Option Number(e.g. "1" for the first option)
Grantee Original Agreement Number �---------- -- - _--
Insert Grantee's Full Legal Name.including"Inc.", Insert C'MS number or Other Agreement Number of the Original
"LLC".. etc... Contract
Current Agreement Maximum Amount Option Agreement Number
Initial Term Insert CMS number or Other Agreement Number of this Option
State Fiscal Year 20xx S0.00
Extension Terms Agreement Performance Beginning Date
State Fiscal Year 20xx 50.00 Month Day, Year
State Fiscal Year 20xx 50.00
State Fiscal Year 20xx 50.00 Current Agreement Expiration Date
State Fiscal Year 20xx 50.00 Month Day.Year
Total for All State Fiscal Years S0.00
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 Sections)Number of the Original Agreement referenced above.
the State hereby exercises its option for an additional terns. 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 Sections)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.-t. 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:
F. The effective date of this Option Letter is upon approval of the State Controller or whichever is later.
In accordance with2-t30-20_', 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.
INSERT-Name of Agency or IHE STATE CONTROLLER
INSERT-Name & Title of Head of Agency or IHE Robert Jaros,CPA,MBA,JD
By: Name & Title of Person Signing for Agency or IHE By:
Name of Agency or IHE Delegate-Please delete if agreement
will be routed to OSC for approval
Date:
Option Effective Date:
Exhibit Al Page 1 of I
VVI,UJIIyII LIIVCIUpC LUJJ IU-'tO:Jf1-4-1/JV-U1 I I'i(ZULU
Grantee: C'itti'of Pueblo
Project: Better LED Spaces DC'J Grant=: 2023-SS-23-9
EXHIBIT A2, GRANT FL"NDING CHANGE LETTER
State Agency Grant Funding Change Letter Number
Insert Department's or IHE's Full Legal Name Insert the Option Number(e.g. "1" for the first option)
Contractor Original Grant`umber
Insert C'ontractor's Full Legal Name, including Insert CMS number or Other Contract Number of the Original Contract
"Inc.", "LLC''.etc...
Current Contract Maximum amount Grant Funding Change Letter Contract Number
Initial Term Insert CMS number or Other Contract Number of tins Option
State Fiscal Year 2Oxx 50.00
Extension Terms Contract Performance Beginning Date
State Fiscal Year 2Oxx 50.00 Month Day.Year
State Fiscal Year 2Oxx S0.00
State Fiscal Year 2Oxx 50.00 Current Contract Expiration Date
State Fiscal Year 2Oxx S0.00 Month Day.Year
Total for All State Fiscal Years S0.00
1. GRANT FUNDING CHANGE
In accordance with §Insert Section Number of the Original Grant referenced above. the State Agency listed above
conunits the following funds to the grant:
A. The funding available for State Fiscal Year 2Oxx is Increased Decreased by SAmount of Change. because Insert
Reason For Change.
B. The total funding avail for all State Fiscal Years as of the effective date of tins Grant Funding Change Letter is
shown as the current contract maximum above.
2. TERMINOLOGY
All terminology used in this Grant Funding Change Letter shall be interpreted in accordance with the Original Grant
referenced above.
3. NO ORDER FOR WORK
This Grant Funding Change Letter modifies the available funding only and does not constitute an order or authorization
for any specific services or goods under the Grant.
4. GRANT FUNDING CHANGE LETTER EFFECTIVE DATE:
The effective date of this Grant Funding Change Letter is upon approval of the State Controller or ,whichever
is later.
STATE OF COLORADO
Jared S. Polis,Governor
INSERT-Name of Agency or IHE
INSERT-Name&Title of Head of Agency or IHE
By: Name& Title of Person Signing for Agency or IHE
Date:
In accordance with §24-30-202 C'.R.S.. this Option is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jams,CPA,MBA,JD
By:
Name of Agency or IHE Delegate-Please delete if contract will be routed to OSC for approval
Grant Funding Change Letter Effective Date:
•
Exhibit A' Page 1 of 1
LiVI.UJIyII LI veiupc IL/ Yl CL/JJ I U-40t//4-4 JV-U1 7J-UV4(1141 LULL/
Grantee: Cite of Pueblo
Project: Better LED Spaces DC'J Grant =: 2023-SS-23-9
EXHIBIT B, GRANT REQUIREMENTS
The following terms as used herein shall be construed and interpreted as follows:
1. AUDIT REQUIREMENTS
A. DUE DATE:
I. PROJECT START:
The Grantee must submit the most recent audit or financial review. including the
corresponding management letter, to DCJ within thirty (30) days of request: and, if
the most recent audit'financial review has not already been submitted to DCJ, it must
be submitted within thirty (30) days of the start of this project.
II. PROJECT DURATION AND END:
The Grantee assures that it will procure an audit or financial review. incorporating this
grant award, by an independent Certified Public Accountant (CPA). licensed to
practice in Colorado. The audit or financial review incorporating this grant award
must be completed and received by DCJ within nine (9) months of the end of the
fiscal years that includes the end date of the grant. or within thirty (30) days of the
completion of such audit or review, whichever is earlier.
B. REPORT/AUDIT TYPE:
I. If your entity expended 5750,000 or more in Federal funds (from all sources including
pass-through subawards) in your organization's fiscal year ( 12-month turnaround
reporting period). your organization is required to arrange for a single organization-
wide audit conducted in accordance with the provisions of Title 2 C'.F.R. Subpart F (§
200.500 et seq.)
II. [NOT .-1PPLIGIBLE TO SI BGRA,VTEES AS DEFINED IN §3.DD.
"SUBGRANTEE"J If your entity expends less than S750.000 in Federal funds (from
all sources including pass-through subawards) in your organization's fiscal year (12-
month turnaround reporting period). your organization is required to arrange for either
an audit or financial review as follows:
1. Grantees that have revenue greater than S300.000 from all sources during the
entity's fiscal year are required by DCJ to obtain a financial audit.
2. Grantees that have revenue less than 5300.000 from all sources during the entity's
fiscal year are required by DC'J to obtain a financial audit or financial review. A
compilation is not sufficient to satisfy this requirement.
C. REPORT/AUDIT COSTS:
The Grantee accepts responsibility for the costs of a financial program audit to be
performed by the Department of Public Safety in the event that the audit report or financial
review:
I. does not meet the applicable federal audit or DC'J standards:
Exhibit B Pave 1 of 3
VUIUJIyI I LI IVCIWG IU. JI L.../JJ I U'Y0Pt-4 JV-UI yJ-UV L+( (f'11 LULU
Grantee: City of Pueblo
Project: Better LED Spaces DC'J Grant 2023-SS-23-9
II. is not submitted in a timely manner: or,
III. does not provide an audit response plan with corresponding corrections made sufficient
to satisfy any audit findings.
D. FAILURE TO COMPLY:
The grantee understands and agrees that DC'J or the federal awarding office (DOJ) may
withhold award funds. or may impose other related requirements. if the grantee does not
satisfactorily and promptly address outstanding issues from audits required by Part 200
Uniform Requirements. by the terms of this award. by the current addition of the DOJ
Grants Financial Guide. or other outstanding issues that arise in connection with audits.
investigations, or reviews of DOJ awards.
2. ADDITIONAL REPORTING REQUIREMENTS
In addition to quarterly report requirements these grant funds may have additional report
requirements. The additional reports may include, but is not limited to. reporting progress and
statistics directly into a federal Performance Management Tool (PMT).
3. FINANCIAL AND ADMINISTRATIVE MANAGEMENT
A. The Grantee assures that fund accounting. auditing. monitoring, evaluation procedures and
such records as necessary will be maintained to assure adequate internal fiscal controls.
proper financial management. efficient disbursement of funds received. and maintenance of
required source documentation for all costs incurred. These principles must be applied for all
costs incurred whether charged on a direct or indirect basis.
B. All expenditures must be supported by appropriate source documentation. Only actual.
approved, allowable expenditures will be permitted.
C. The Grantee assures that it will comply with the applicable Administrative Guide of the
Division of Criminal Justice (Guide). located at the Division of Criminal Justice Grants
website. However, such a guide cannot cover every foreseeable contingency, and the Grantee
is ultimately responsible for compliance with applicable state and federal laws, rules and
regulations. In the event of conflicts or inconsistencies between the Guide and any applicable
state and federal laws, rules and regulations. such conflicts or inconsistencies shall be
resolved by applicable state and federal laws, rules and regulations.
4. PROCUREMENT AND CONTRACTS
A. Grantee assures that open, competitive procurement procedures will be followed for all
purchases under the grant. All contracts for professional services, of any amount, and
equipment purchases over five thousand dollars (per item. with a useful life of at least one
year) must receive prior approval by the DCJ. Grantee shall submit Form 16 — Professional
Services Consultant Certification and or Form 13 — Equipment Procurement Certification
Form.
B. Grantee may not assign its rights or duties under this grant without the prior written consent
of the DC'J.
Exhibit B Page 2 of 3
LJULUJIy.I I LI IVelOpC IL, 7/LUJJ I U-40JH-41 Jl.-0f U-UUL,1 I I4t LULU
Grantee: City of Pueblo
Project: Better LED Spaces DCJ Grant : 2023-SS-23-9
5. AWARD CHANGE REQUESTS
A. Grantee may request budget modifications by submitting a request to DCJ. DCJ reserves the
right to make and authorize modifications, adjustments. and.or revisions to the Contract for the
purpose of making changes in budget categories, extensions of grant award dates, changes in
goals and objectives, and other modifications as described in the body of the Contract.
Exhibit B Page 3 of 3
L/UUUJIy11 LI IVCIUpC I1) J/LUJJ IU-Y Olt.'-fr J-UUll1 I I Y/LULU
Grantee: City of Pueblo
Project: Better LED Spaces DCJ Grant : 2023-SS-23-9
EXHIBIT C, SPECIAL C'ONDITIO\S
Special requirements of the law, program requirements. and other administrative requirements. These
requirements apply to this agreement.
I. Grant funds are to he utilized for improvements designed to decrease the incidence of crime
and create safer streets.
II. Eligible grantees are local Governmental agencies.
III. Money from the grant award must enhance community safety both inside and outside of urban
areas
IV. Funds for this agreement cannot be used for the following:
• Hiring law enforcement or code enforcement personnel or peace officers
• Facial recognition purposes
• Surveillance programs that utilize networks of sensory to detect gunshots, commonly
referred to as a "ShotSpotter„ program
• License reader purposes
V. Grant-Supported strategies must not displace homeless populations.
VI. Grant-supported activities must not harm Communities of Color or other vulnerable
populations.
Exhibit C Page 1 of 1
VULUJIy1I LI IVCIUIJC IV. J1 LUJJ U-4 0:J1-%-‘11 JJ-UUL,1 I I41 LULU
Grantee: City of Pueblo
Project: Better LED Spaces DCJ Grant=: 2023-SS-23-9
EXHIBIT D, STATEMENT OF WORK
The Statement of Work contained within the DocuSign Envelope is incorporated herein.
Exhibit D Page 1 of 1
LJUI,U0Iy1 LI IVCIUlJC ILAI C.UJJ IU-4Vyf1-4/JL,Uf 'J-UUVI I I41 LULU
Grantee: City of Pueblo
Project: Better LED Spaces DC'J Grant »: 2023-SS-23-9
EXHIBIT E, BUDGET
The Budget and Budget Narrative contained within the DocuSign Envelope is incorporated herein.
Exhibit E Page 1 of 1
L/VI.UJ1g1I LI IYC ILIJC ILJ LVJJ IV-41J.7I1-4 I UI yJ-VVlif I I 1 LULU
Grantee: City of Pueblo
Project: Better LED Spaces DCJ Grant=: 2023-SS-23-9
EXHIBIT D— STATEMENT OF WORK
Project Summary:
Public safety will be improved by bettering park lighting with upgrades and additions of LED lighting fixtures.
Investments will be most worthwhile in Pueblo's highest-crime neighborhoods. This strategy will not only act as a
situational deterrent to crime. but will also improve community cohesion and pride, which in turn increases the
willingness of residents to intervene in crime and cooperate with the police. Improvements to the physical
environment of crime-susceptible areas will dissuade potential offenders. Improved lighting will send a message to
potential offenders that the neighborhood no longer offers easy opportunities for crime.
Project Plan:
Public spaces. including parks. are essential to modern life. especially in urban areas. For these open spaces to be
welcoming. and to feel safe for people using them. they must be sufficiently well-lit. Lighting is a situational crime-
prevention measure that focuses on reducing opportunity and increasing risk through modification of the physical
environment.
Based on crime data and the assessed likelihood that improved lighting would decrease crime the city has identified
the following projects:
• City Park: Upgrading the existing 25 halogen fixtures with new LED light fixtures. plus add another 25 LED
fixtures along the roadway.
• Mitchel Park: Installation of four additional LED streetlights along the streets and alley, plus fifteen
additional LED streetlights in the interior of the park.
• Ray Aguilera Park: the addition of one streetlight along each side of the street plus add another eleven LED
streetlights along the interior walkways and facilities.
Regardless of park size. safety begins at the perimeter. Lights will be placed on the adjacent streets. and in each park.
with the intent to increase opportunities for informal surveillance and reduce the number of isolated places where
crime can take place unseen. Lights will be improved or added only where genuinely needed. positioned to respond
to problems of surveillance rather than arbitrary light pole placement. What is vitally important is that safety should
be a primary consideration along main routes through parks and between the park perimeter and the street.No project
areas have conservation nor preservation areas; artificial lighting will not trespass the habitats of wildlife.
It is notable that concurrent to improved lighting construction. the City will take other steps to discourage crime in
the target areas:
• Public Works will take steps to lessen the impact of vacant, derelict, or problematic land uses nearby a target
area.
• Pueblo Police Department will encourage'Park Watch' schemes to encourage surveillance by local residents
and merchants. PPD has an officer dedicated to Neighborhood Watch.
• Parks and Recreation will trim or remove landscaping, fences. walls. etc. that create dangerous areas of
isolation. Clear sightlines allow park users to ability to verify the presence of persons which they might find
threatening. They will also work to identify and remove movement predictors.Finally.people feel safer when
they know where they are and how to get to where they want to go. signage will be improved.
Exhibit D -Page 1 of 2
uUI..Uolyi IL/ V/LUJJ 1V-400/-1Y-1f Jli'V1 7J-)UI,/ 1 1 Yr LULU
Grantee: City of Pueblo
Project: Better LED Spaces DCJ Grant=: 2023-SS-23
Goals & Outcomes
GOAL 1
Goal 1 Improved lighting reduces crime at night.
Objective 1.1
Objective Violent crimes decrease
Measurement Crime statistics of robbery. assault, and burglary
Timeframe Incrementally. each quarter
Objective 1.2
Objective Property crimes decrease
Measurement incidents of vandalism
Timeframe Incrementally,, each quarter
Objective 1.3
Objective Calls for service increase in Qi and Q2 as informal surveillance increases and willingness to
assist the police increases. Calls for service increase in Qi and Q2 as informal surveillance
increases and willingness to assist the police increases
Measurement Number of calls for service
Timeframe Each quarter
GOAL 2
Goal 2 Light trespass and pollution is minimized while maintaining desired standards of brightness.
Objective 2.1
Objective Minimize the emission of skyglow, glare, spill light. and over-lighting. indoor and outdoor
lighting beyond the intended target
Measurement Actual illumination levels will be evaluated by accredited professional bodies
Timeframe Q1. may be completed as supplies are ordered
Objective 2.2
Objective New installations will have active controls to reduce illumination levels or extinguish lighting
completely based on time of day or occupancy.
Measurement Observation
Timeframe Q1, may he completed as lights are installed
Objective 2.3
Objective The spectral content. or color, of light should be limited to only what is necessary for the task.
Measurement Total emissions of short-wavelength or "blue" light are evaluated by accredited professional
bodies
Timeframe Q1, niav be completed as lights are installed
Exhibit D -Page 2 of
UULUJiy11 LI IVCIWC IV. 7/ill/JJ I V'Y U�/'1-V I I I'/1 LVLV
Grantee: City of Pueblo
Project: Better LED Spaces DC'J Grant 2023-SS-23-9
Exhibit E —Budget
1 —
Grant Funds Match Funds Project Total
Personnel 50 SO SO
Supplies&Operating S132.000 SO S132,000
Travel SO SO SO
Equipment 5612.000 SO 5612.000
Consultants Contracts SO SO SO
Indirect SO SO SO
Total 5744,000 SO 5744,000
Personnel: Budget& Budget Narrative Details
Position Title Annual Annual u.o To Be Annual Annual o o To Be Total Total Base OT- OT-Annual OT- OT- Total To Bei
Base Salary Base Salary Paid By Fringe Fringe Paid By Annual Salai}+ Annual Base Salary Annual Annual Paid By
To Be Paid Grant To Be Grant Base Salah Fringe To Base To Be Paid Fringe Fringe To Grant
By Grant Funds Paid By Funds +Fringe Be Paid By Salary By Grant Be Paid Funds
Funds Grant Grant Funds By Grant (including
Funds Funds Funds os-eutirne)
NA SO SO 0°0 SO SO 0°0 SO SO SO SO SO SO SO
Budget Narrative
and Justification:
Personnel Total: SO SO 0010 SO SO 0°%o SO SO SO SO SO SO SO
Non-Personnel: Budget& Budget Narrative Details
i s
Budget Item Amount To Be Paid Budget Narrative and Justification
By Grant Funds
SUPPLIES& OPERATING
LED Upgrade -City Center 5100.000 23 LED upgrades at 54.000 each in City Center
LED Upgrade-Eastside 516.000 4 LED upgrades at 54,000 each in Eastside
LED Upgrade -Bessemer S 16.000 4 LED upgrades at 54.000 each in Eastside
Supplies& Operating Total 5132,000
I �
TRAVEL
NA SO
--------------------------------------------------------------------------------------------------------------- ------ - -----------------------------------------------------------------------------
EQUIPMENT
Lights Poles -City Center 5300.000 25 light fixntres and poles at 512.000 each. City Center. Price
estimates include necessary trenching boring. transformers and
installation.
Exliihi'E -Page 1 of
vut u IyI I C_IIVCIUIJC IU. 7l C_UJJ LU'YUyI'1-4/JV-Uf 7J-UUL.I t l41 LULU
Grantee: City of Pueblo
Project: Better LED Spaces DCJ Grant 2023-SS-23-9
Lights Poles-Eastside S 150.000 15 new light fixtures and poles at 512.000 each. Eastside. Price
estimates include necessary trenching boring. transformers and
installation.
Lights Poles-Bessemer S 132.000 11 new light fixtures and poles at S 12.000 each.Bessemer.Price
estimates include necessary trenching boring. transformers and
installation.
Equipment Total 5612,000
CONSULTANTS/CONTRACTS(PROFESSIONAL SERV'IC'ES)
NA SO
Consultants/Contracts Total SO
INDIRECT
NA SO
Indi[•ect Total SO
Total Non-Personnel S744,000
•
Ewhihi�E -Page 2 of 2