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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, vUL.U.)Iyu LI VewNe w. aI LOJJ IU-/40W1-,f/JL.-0F J OUl-.r I 144 LULU 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) UJ..UJIyI I L11 VCLUJJ I V-YO /1-N(J)-Of yJ'-OUL.I I'1 ZULU 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 Page 3 of 12 :erionIC,2021 DC?04 _ UOWJIlyII LI IL 7f LOU,'IO-40V/\"1f J1,-01 7J-DVLA I I'fl OU 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. Page 4 of 12 .ersfon r:',S 1t --• DC.1 __ L/ULUJiy.II LII VCIUpC IL/ J/LUJ.J /u.,-o .I J'OLf L.f I'/f LULU 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. Page 5of12 >»ion -• :DC JC4' • - VULUJly.11 LI IYCIU4JC IL/. y/LUJJ I U'4UyF1-4/JL-Of //4f GULL/ 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). Paze 6 of 12 VeNione's 10, DC?04 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. Page 7 of 12 ersionCS 1'.''"_. DC?0J'_ uUI,UJIyI I LI IVCIUpC IU. 71 LUJJ 11./-,40.V/.1-4 I JV-u VJ-OUlif 114I ZULU 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 Page S of 12 �'�rvon!_� 1�---- DCJ C4�_ uuuuoty IYCIUtJC IU. V f LUJJ I U-4VJl'9"i I UL-01 'J-UUI_i I I.+ LULU 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