HomeMy WebLinkAbout11237Docusign Envelope ID: FD42996B-08EF-8283-82C3-AF10B9485E12
ORDINANCE NO. 11237
AN ORDINANCE APPROVING AND ACCEPTING A GRANT
AGREEMENT AND APPLICABLE CONDITIONS PERTAINING
THERETO WITH THE STATE OF COLORADO DEPARTMENT
OF LAW PEACE OFFICER STANDARDS AND TRAINING
(POST), ESTABLISHING PROJECT NUMBER PS2606,
BUDGETING AND APPROPRIATING FUNDS INTO PROJECT
PS2606, AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo,
including its Police Department, to accept grants from the state government for public and
municipal purposes and to enter into agreements relating thereto; and
WHEREAS, the State of Colorado Department of Law Peace Officer Standards and
Training (POST) has tendered a Grant Agreement and award (the "Agreement") in the amount
of $147,091.00 for law enforcement training purposes for the Central Mountain Training Region
upon conditions recited therein or incorporated therein by reference; and
WHEREAS, the State has made additional awards of funds in the past under previous
grant agreements and the Police Department anticipates the award of additional funds in the
future pursuant to this agreement if the same are made available by the State; and
WHEREAS, acceptance of the Agreement for the purposes for which it has been made
is in the best interest of the City and will benefit the health, welfare and safety of the citizens of
the City; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Grant Agreement between the City of Pueblo, a Municipal Corporation, and the
State of Colorado Department of Law Peace Officer Standards and Training (POST) for the
purpose of providing law enforcement training for the Central Mountain Training Region, a true
copy of which is attached hereto, having been approved as to form by the City Attorney, is
hereby approved and accepted in accordance with its terms and conditions
SECTION 2.
The Mayor is hereby authorized to execute the Grant Agreement in the name of and on
behalf of the City. The City Clerk shall affix the Seal of the City to the Grant Agreement and
attest the Mayor's signature.
SECTION 3.
The Police Department is empowered to apply for and accept additional grant awards
pursuant to the Grant Agreement as those funds are made available by the State.
SECTION 4.
Project Number PS2606 is hereby established in the Public Safety Grants Fund. The
grant award of One Hundred Forty -Seven Thousand Ninety -One and 00/100 Dollars
($147,091.00) for State Fiscal Year 2027 is hereby budgeted and appropriated into Project
Number PS2606. All additional funds hereafter accepted under this Ordinance shall likewise be
budgeted and appropriated into Project Number PS2606 by the Finance Department.
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SECTION 5.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of this Ordinance and the attached agreement to implement the policies and
procedures described herein.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 13, 2026.
Final adoption of Ordinance by City Council on July 27, 2026. DocuSignedby:
auff
President of City Council
Action by the Mayor:
[,� Approved on 07/30/2026
❑ 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
Docusign Envelope ID: FD42996B-08EF-8283-82C3-AF10B9485E12
ATTEST Docusigned by:
City Clerk
Docusign Envelope ID: FD42996B-08EF-8283-82C3-AF10B9485E12
City Clerk's Office Item # R9
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Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 27, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Chris Noeller, Chief of Police
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A GRANT
AGREEMENT AND APPLICABLE CONDITIONS PERTAINING
THERETO WITH THE STATE OF COLORADO DEPARTMENT OF LAW
PEACE OFFICER STANDARDS AND TRAINING (POST),
ESTABLISHING PROJECT NUMBER PS2606, BUDGETING AND
APPROPRIATING FUNDS INTO PROJECT PS2606, AUTHORIZING
THE MAYOR TO EXECUTE SAME
SUMMARY:
This ordinance approves a grant agreement with the State of Colorado Department of
Law Peace Officer Standards and Training (POST) beginning July 1, 2026, and ending
June 30, 2027, and approves and accepts an initial grant award of $147,091.00 into
Project PS2606.
PREVIOUS COUNCIL ACTION:
City Council has approved ordinances accepting CMTR funds each year beginning in
July 2017.
BACKGROUND:
The State of Colorado Department of Law POST Grant Agreement provides funds to
the forty (40) law enforcement agencies of the Central Mountain Training Region
("CMTR") for the purpose of improving law enforcement technology and training and
upgrading necessary equipment. The Pueblo Police Department will act as the fiscal
agent for this grant. Decisions related to training, equipment, and technology will be
made with the assistance of an advisory board.
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FINANCIAL IMPLICATIONS:
This grant will require monitoring, auditing, and submission of financial documents
which will impact the City with staffing costs. The grant does provide monies to offset
those expenditures. The Police Department will realize infrastructure benefits as well.
Improvements to the Department's shooting range facility and classroom spaces are
allowable under this grant. One (1) sworn full-time Police Department employee has
been selected to administer this program along with employees from the Finance
Department. The City of Pueblo is responsible for administering the drawdown of the
grant. The City will submit quarterly reports to Colorado POST documenting
expenditures. When excess funds are available to the State, the Colorado Department
of Law will award additional funds to CMTR before the end the fiscal year to purchase
additional equipment or sponsor additional events. This ordinance allows for the receipt
of additional funds in the future to Project PS2606.
Matching funds from the City are not required for this grant.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
Central Mountain Training Region law enforcement leaders have met and support the
Pueblo Police Department becoming the fiscal agent for this grant. The Police
Department, acting as fiscal agent, will work with the CMTR advisory board to make
decisions related to training, equipment, and infrastructure.
ALTERNATIVES:
Decline this grant offer from Colorado POST.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Background POST Grant PS2606
2. Ordinance POST Grant PS2606
3. Executed_FY27_CMTR_Grant Agreement
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Grant Award Letter
Intergovernmental Grant Agreement
Cover Page
State Agency
Department of Law, Peace Officer Standards
and Training
Grantee
City of Pueblo
Grant Amount
State Fiscal Year 2027 $147,091
Total for all State Fiscal Years $147,091
Grant Purpose
Agreement Number
CTGG1-LAAA-GT272026000000000001
Grant Issuance Date
The later of the July 1, 2026 or the date the
State Controller or an authorized delegate
signs this Grant Letter
Grant Expiration Date
June 30, 2027
Fund Expenditure End Date
June 30, 2027
Agreement Authority -
Authority to enter into this Agreement exists
in 5 24-31-303(2)(b), C.R.S., 5 24-31-310,
C.R.S., and 5 42-3-304(24), C.R.S.
The Grantee will facilitate training services as identified in Exhibit A (Statement of Work) and
Exhibit B (Application and Budget).
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A, Statement of Work.
2. Exhibit B, Application and Budget.
3. Exhibit C, Sample Option Letter.
In the event of a conflict of inconsistency between this Agreement and any Exhibit or attachment,
such conflict or inconsistency shall be resolved by reference to the documents in the following
order of priority:
1. Colorado Special Provisions in 517 of the main body of this Agreement.
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2. The provisions of the other sections of the main body of this Agreement.
3. Exhibit A, Statement of Work.
4. Exhibit B, Application and Budget.
5. Exhibit C, Sample Option Letter.
Principal Representatives
For the State:
Erik Bourgerie
Department of Law, POST
1300 Broadway, 9" Floor
Denver, CO, 80203
erik.bourgerie@coag.gov
For Grantee:
Kayleigh McKenzie
City of Pueblo
200 S Main St, Pueblo
Pueblo, CO 81003
kmckenzie@pueblo.us
Version: 10/2025
Docusign Envelope ID: 90CD207E-C310-857A-804D-CD2F9B4FOE38
Signature Page
The Signatories Listed Below Authorize this Grant
STATE OF COLORADO
Jared S. Polis, Governor
Department of Law
Philip J. Weiser, Attorney General
L1DocuSigned by:
� MVALr
�"81
By: Tanja Wheeler, Associate Chief Deputy
Attorney General
Date: June 23, 2026
In accordance with 524-30-202, 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
Department of Law
Philip J. Weiser, Attorney General
DacuSigned by:
C B�-1-B346�DB...
By: Melissa Moynham, Department of Law
State Controller Delegate
Date June 24, 2026
Version: 10/2025
Docusign Envelope ID: 90CD207E-C310-857A-804D-CD2F9B4FOE38
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 by providing Grantee with an updated Grant Award Letter showing the new
Grant Expiration Date. If the Work will be performed in multiple phases, the period of
performance start and end date of each phase is detailed under the Project Schedule in
Exhibit A.
B. 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, Federal or other funds
used for this 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 percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed, as determined by the
State, less payments previously made. Additionally, the State, in its discretion, may
reimburse Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed
under this Grant Award Letter that are incurred by Grantee and are directly attributable to
the uncompleted portion of Grantee's obligations, provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This
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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. "Agreement" means this Agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any
future modifications thereto.
B. "Breach of Agreement" means the failure of a Party to perform any of its obligations in
accordance with this Agreement, in whole or in part or in a timely or satisfactory
manner. The institution of proceedings under any bankruptcy, insolvency, reorganization
or similar law, by or against Grantee, or the appointment of a receiver or similar officer
for Grantee or any of its property, which is not vacated or fully stayed within 30 days
after the institution of such proceeding, shall also constitute a breach. If Grantee is
debarred or suspended under 524-109-105, C.R.S. at any time during the term of this
Agreement, then such debarment or suspension shall constitute a breach.
C. "Budget" means the budget for the Work described in Exhibit B.
D. "Business Day" means any day in which the State is open and conducting business, but
shall not include Saturday, Sunday or any day on which the State observes one of the
holidays listed in 524-11-101(1) C.R.S.
E. "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 524-72-302 C.R.S.
F. "CORA" means the Colorado Open Records Act, 5524-72-200.1 et seq., C.R.S.
G. "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.
H. "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.
I. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of
this Grant Award Letter.
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J. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this
Grant Award Letter.
K. "Exhibits" exhibits and attachments included with this Grant as shown on the first page
of this Grant
L. "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.
M. "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.
N. "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.
0. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Expiration Date.
P. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
Q. "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.
R. "PII" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish
or trace an individual's identity, such as name, social security number, date and place of
birth, mother's maiden name, or biometric records; and any other information that is
linked or linkable to an individual, such as medical, educational, financial, and
employment information. PII includes, but is not limited to, all information defined as
personally identifiable information in 5524-72-501 and 24-73-101 C.R.S. "PII" shall also
mean "personal identifying information" as set forth at 5 24-74-102, et. seq., C.R.S.
S. "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.
T. "State Confidential Information" means any and all State Records not subject to
disclosure under CORA. State Confidential Information shall include, but is not limited
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to, PII, PCI, CJI, and State personnel records not subject to disclosure under CORA. State
Confidential Information shall not include information or data concerning individuals that
is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Grantee which (i) is subject to
disclosure pursuant to CORA; (ii) is already known to Grantee without restrictions at the
time of its disclosure to Grantee; (iii) is or subsequently becomes publicly available
without breach of any obligation owed by Grantee to the State; (iv) is disclosed to
Grantee, without confidentiality obligations, by a third party who has the right to
disclose such information; or (v) was independently developed without reliance on any
State Confidential Information.
U. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State
Controller pursuant to 524-30-202(13)(a) C.R.S.
V. "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.
W. "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.
X. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance
of the Work. "Subcontractor" also includes sub -grantees.
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
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Grantee shall complete the Work as described in this Grant Award Letter and in accordance
with the provisions of Exhibit A and Exhibit B. 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; provided,
however, that Work performed and expenses incurred by Grantee before the Grant Issuance
Date that are chargeable to an active Federal Award may be submitted for reimbursement
as permitted by the terms of the Federal Award.
B. Reimbursement of Grantee Costs
Upon prior written approval, 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 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).
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
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request or invoice. The State will withhold 5% of allowable costs until all final
documentation has been submitted and accepted by the State as substantially complete.
6. Reporting - Notification
A. 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.E, 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
the Award. The State Awarding Agency 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. The State shall have the right, in its
sole discretion, to change its monitoring procedures and requirements at any time during
the term of this Agreement. The State shall monitor Grantee's performance in a manner
that does not unduly interfere with Grantee's performance of the Work.
C. Final Audit Report
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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.
8. Confidential Information -State Records
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any
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 publicly 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 Subcontractors will or may receive the following types of data, Grantee
or its 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 CJI, 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 immediately forward any request or
demand for State Records to the State's principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information
to those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees,
assigns, 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 or Subcontractor has access to any State Confidential
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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 Confidential Information, Grantee warrants it will guarantee
the confidentiality of, and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and
cooperate with the State regarding recovery, remediation, and the necessity to involve law
enforcement, as determined by the State. 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 PH
If Grantee or any of its Subcontractors will or may receive PI 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 524-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with 5524-73-101 et seq., C.R.S. In addition,
as set forth in 5 24-74-102, et. seq., C.R.S., Contractor, including, but not limited to,
Contractor's employees, agents and Subcontractors, agrees not to share any PH with any
third parties for the purpose of investigating for, participating in, cooperating with, or
assisting with Federal immigration enforcement. If Contractor is given direct access to any
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State databases containing PII, Contractor shall execute, on behalf of itself and its
employees, the certification attached hereto as Exhibit _ on an annual basis Contractor's
duty and obligation to certify as set forth in Exhibit _ shall continue as long as Contractor
has direct access to any State databases containing PII. If Contractor uses any
Subcontractors to perform services requiring direct access to State databases containing
PII, the Contractor shall require such Subcontractors to execute and deliver the certification
to the State on an annual basis, so long as the Subcontractor has access to State databases
containing PII.
9. Conflict 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. Grantee acknowledges that all State
employees are subject to the ethical principles described in 524-18-105, C.R.S. Grantee further
acknowledges that State employees may be subject to the requirements of 524-18-105, C.R.S.
with regard to this Grant.
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, 524-10-101, et seq., C. R.S. (the "GIA"). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by
that Subcontractor and as required by the State or the GIA.
11. Breach of Agreement
In the event of a breach of agreement, the aggrieved party shall give written notice of breach
of agreement to the other party. If the notified party does not cure the breach, at its sole
expense, within 30 days after the delivery of written notice, the party may exercise any of the
remedies as described in 512 for that party. Notwithstanding any provision of this agreement to
the contrary, the state, in its discretion, need not provide notice or a cure period and may
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immediately terminate this agreement in whole or in part or institute any other remedy in this
agreement in order to protect the public interest of the state; or if grantee is debarred or
suspended under 524-109-105, C.R.S., the state, in its discretion, need not provide notice or
cure period and may terminate this agreement in whole or in part or institute any other remedy
in this agreement as of the date that the debarment or suspension takes effect.
12. Remedies
A. State's Remedies
In addition to any remedies available under any exhibit to this grant agreement, if grantee
is in breach under any provision of this agreement and fails to cure such breach, the state,
following the notice and cure period set forth in 511, shall have all of the remedies listed
in this section in addition to all other remedies set forth in this agreement or at law. The
state may exercise any or all of the remedies available to it, in its discretion, concurrently
or consecutively.
i. Termination for Breach
In the event of grantee's uncured breach, the state may terminate this entire
agreement or any part of this agreement. Additionally, if grantee fails to comply with
any terms of the federal award, then the state may, in its discretion or at the direction
of a federal awarding agency, terminate this entire agreement or any part of this
agreement. Grantee shall continue performance of this agreement to the extent not
terminated, if any.
The State may also terminate this grant agreement 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.
a. Obligation and Rights
To the extent specified in any termination notice, Grantee shall not incur
further obligations or render further performance past the effective date of
such notice, and shall terminate outstanding orders and subcontracts with
third parties. However, Grantee shall complete and deliver to the State all
Work not cancelled by the termination notice, and may incur obligations as
necessary to do so within this Agreement's terms. At the request of the State,
Grantee shall assign to the State all of Grantee's rights, title, and interest in
and to such terminated orders or subcontracts. Upon termination, Grantee
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shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Grantee but in which the State has an interest.
At the State's request, Grantee shall return materials owned by the State in
Grantee's possession at the time of any termination. Grantee shall deliver all
completed Work Product and all Work Product that was in the process of
completion to the State at the State's request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Grantee
for accepted Work received as of the date of termination. If, after
termination by the State, the State agrees that Grantee was not in breach or
that Grantee's action or inaction was excusable, such termination shall be
treated as a termination in the public interest, and the rights and obligations
of the Parties shall be as if this Agreement had been terminated in the public
interest under S2.13.
C. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee shall remain
liable to the State for any damages sustained by the State in connection with
any breach by Grantee, and the State may withhold payment to Grantee for
the purpose of mitigating the State's damages until such time as the exact
amount of damages due to the State from Grantee is determined. The State
may withhold any amount that may be due Grantee as the State deems
necessary to protect the State against loss including, without limitation, loss
as a result of outstanding liens and excess costs incurred by the State in
procuring from third parties replacement Work as cover.
II. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional
remedies:
a. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of the Work
pending corrective action as specified by the State without entitling Grantee
to an adjustment in price or cost or an adjustment in the performance
schedule. Grantee shall promptly cease performing Work and incurring costs
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in accordance with the State's directive, and the State shall not be liable for
costs incurred by Grantee after the suspension of performance.
b. Withhold Payment
Withhold payment to Grantee until Grantee corrects its Work.
C. Deny Payment
an IN MEN I•
Deny payment for Work not performed, or that due to Grantee's actions or
inactions, cannot be performed or if they were performed are reasonably of
no value to the state; provided, that any denial of payment shall be equal to
the value of the obligations not performed.
Demand immediate removal of any of grantee's employees, agents, or
subcontractors from the work whom the state deems incompetent, careless,
insubordinate, unsuitable, or otherwise unacceptable or whose continued
relation to this Agreement is deemed by the state to be contrary to the public
interest or the state's best interest.
e. Intellectual Property
If any work infringes, or if the state in its sole discretion determines that any
work is likely to infringe, a patent, copyright, trademark, trade secret or
other intellectual property right, grantee shall, as approved by the state (i)
secure that right to use such work for the state and grantee; (ii) replace the
work with non -infringing work or modify the work so that it becomes non -
infringing; or, (iii) remove any infringing work and refund the amount paid
for such work to the state.
f. Collection of Unallowable Costs (2 CFR 200.410)
Payments made for costs determined to be unallowable by either the
awarding Federal agency, cognizant agency for indirect costs, or pass -through
entity must be refunded with interest to the Federal Government. Unless
directed by Federal statue or regulation, repayments must be made in
accordance with the instructions provided by the Federal agency or pass -
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through entity that made the allowability determination. See 55 200.300
through 200.309, and 5 200.346.
B. Grantee's Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach,
Grantee, following the notice and cure period in 511 and the dispute resolution process in
513 shall have all remedies available at law and equity.
13. Dispute Resolution
Except as herein specifically provided otherwise or as, 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.
14. 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.
15. 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.
16. 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,
524-10-101, 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, 5524-30-1501, et seq. C.R.S. No term or
condition of this Agreement shall be construed or interpreted as a waiver, express or implied,
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of any of the immunities, rights, benefits, protections, or other provisions, contained in these
statutes.
17. 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 5 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.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following
receipt of the updated letter. The Parties may also agree to modification of the terms and
conditions of the Grant in a formal amendment to this Grant, properly executed and
approved in accordance with applicable Colorado State law and State Fiscal Rules.
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
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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
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Agreement 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
i. Grantee shall comply with the Accessibility Standards for Individuals with a
Disability, as adopted by the Office of Information Technology pursuant to 024-85-
103 C.R.S.
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ii. The State may require Grantee's compliance with the Accessibility Standards for
Individuals with a Disability adopted by the Office of Information Technology
pursuant to 524-85-103 C.R.S. is determined and tested by a qualified third party
selected by the State. The State may ask the Grantee to review the selection of
the third party. Grantee shall be responsible for all costs associated with the third -
party vendor's assessment. If Grantee is not in compliance as determined by the
third -party vendor, at the State's request and at the State's direction, Grantee
shall promptly take all necessary actions to come into compliance using a State -
approved vendor, at no additional cost to the State.
18. Colorado Special Provisions (Colorado Fiscal Rule 3-3)
A. Statutory Approval. 524-30-202(1) C.R.S.
This agreement shall not be valid until it has been approved by the Colorado State Controller
or designee. If this agreement is for a Major Information Technology Project, as defined in
524-37.5-102(2.6), then this agreement shall not be valid until it has been approved by the
State's Chief Information Officer or designee.
B. Fund Availability. 524-30-202(5.5) C.R.S.
Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
C. Governmental Immunity.
Liability for claims for injuries to persons or property arising from the negligence of the
State, its departments, boards, commissions committees, bureaus, offices, employees and
officials shall be controlled and limited by the provisions of the Colorado Governmental
Immunity Act, 524-10-101, 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, 5524-30-1501, et
seq. C.R.S. No term or condition of this agreement shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D. Independent Contractor.
Grantee shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be
an agent or employee of the State. Grantee shall not have authorization, express or implied,
to bind the State to any Agreement, liability, or understanding, except as expressly set
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forth herein. Grantee and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay
for or otherwise provide such coverage for Grantee or any of its agents or employees.
Grantee shall pay when due all applicable employment taxes and income taxes and local
head taxes incurred pursuant to this Agreement. Grantee shall (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required
by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible
for its acts and those of its employees and agents.
E. Compliance with Law.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
F. Choice of Law, Jurisdiction, and Venue.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall
be null and void. All suits or actions related to this Agreement shall be filed and proceedings
held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. Prohibited Terms.
Any term included in this Agreement that requires the State to indemnify or hold Grantee
harmless; requires the State to agree to binding arbitration; limits Grantee's liability for
damages resulting from death, bodily injury, or damage to tangible property; or that
conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement
shall be construed as a waiver of any provision of 524-106-109 C.R.S.
H. Software Piracy Prohibition.
State or other public funds payable under this Agreement shall not be used for the
acquisition, operation, or maintenance of computer software in violation of federal
copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants
that, during the term of this Agreement and any extensions, Grantee has and shall maintain
in place appropriate systems and controls to prevent such improper use of public funds. If
the State determines that Grantee is in violation of this provision, the State may exercise
any remedy available at law or in equity or under this Agreement, including, without
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limitation, immediate termination of this Agreement and any remedy consistent with
federal copyright laws or applicable licensing restrictions.
I. Employee financial Interest/Conflict of Interest. 5524-18-201 and 24-50-507 C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Agreement.
Grantee has no interest and shall not acquire any interest, direct or indirect, that would
conflict in any manner or degree with the performance of Grantee's services and Grantee
shall not employ any person having such known interests.
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All terms not defined in this Exhibit A shall be the meaning given in the main body of the
Grant Agreement.
1.1 Work. Grantee has submitted a Grant Application (Exhibit B) to POST detailing
the Work to be performed by Grantee throughout the term of this Grant. Grantee
agrees to complete the Work identified in Exhibit B by the Grant termination date
specified in §2(A) of the Grant Agreement.
2.1 Replacement. Grantee shall immediately notify POST if the Responsible
Administrator specified in §2.2 ceases to serve. Provided there is a good -faith
reason for the change, if Grantee wishes to replace its key personnel, it shall notify
POST and seek its approval, which shall be at POST's sole discretion as the State
issued this Grant in part reliance on Grantee's representation regarding key
personnel. Such notice shall specify why the change is necessary, who the
proposed replacement is, what their qualifications are, and when the change will
take effect. Anytime key personnel cease to serve, the State, in its sole discretion
may direct Grantee to suspend work on the Project until such time as their
replacement is approved.
2.2 Responsible Administrator. Grantee's performance hereunder shall be under
the direct supervision of Jeff Forney an employee or agent of the Grantee, who is
hereby designated as the responsible administrator of this Project.
3.1 Budget. The maximum amount payable under this Grant to Grantee by the State
is $147,91.
3.2 Budget Flexibility. Grantee may adjust individual budget line item expenditure
amounts within an individual training course without approval of POST, provided
that, there is no increase to the administrative line items, and the cumulative
budgetary line item changes do not exceed ten percent (10%) of the total budgeted
amount of the line item. All other budgetary modifications shall require POST
approval in accordance with the Modification subsection of the General Provisions
Exhibit A5
Docusign Envelope ID: 90CD207E-C310-857A-804D-CD2F9B4FOE38
of this Grant. The request must be approved by POST before deviating from the
current approved budget and scope of work. Requests that are not pre -approved
may not be reimbursable.
4.1 Payment. Grantee shall submit a request for reimbursement at a minimum on a
calendar quarter basis. All invoices mustbe submitted within 60 days of the training
orpurc ase elate and no later than Jane 30 to be eligible for pay ent. All requests
shall be for eligible expenses, as described in detail in Exhibit B. Requests shall be
made using the Grant Management System and be accompanied by supporting
documentation equal to 100% of the reimbursement request, a POST -approved
Student Attendance Roster or Certificate of Completion, and a completed
rei b urs em en form.
4.2 Final Payment. The final grant payment request must be requested no later than
June 30 and shall include only actual expenses incurred prior to June 30. Payment
for training can only be approved for actual services received or performed and
completed by June 30. Equipment purchases must be made, and the receipt of the
equipment must be completed by June 30 to be eligible for payment.
4.3 Electronic Fund Transfer. Payments will be remitted by electronic fund transfer.
5.1 Accounting. Grantee must maintain properly segregated accounts of POST
grant funds and other funds associated with the Work and make those records
available to the State upon request. Grantee must have a system that classifies all
revenues and expenditures by funding source. The accounting system must have an
adequate method of internal controls to safeguard the funds. Expenditures must be
tracked and reconciled with the general ledger.
5.2 Procurement. The grantee agrees to have procurement procedures and will
document its procurement procedures and maintain the documentation in the grant
records when applicable.
5.3 Grant Guidelines. The grantee agrees to develop, implement, and maintain
written grant procedures or guidelines that, at a minimum identify how to access
training and scholarship funds through the Region, what the Region's allowable
costs are, and any applicable rules to be followed by a Region member organization.
Exhibit A5
Docusign Envelope ID: 90CD207E-C310-857A-804D-CD2F9B4FOE38
5.4 Region Board and By-laws. The grantee agrees to develop, implement, and
maintain a Region Board representative of the Region that, at a minimum,
recommends how annual POST funds will be applied for and distributed throughout
the Region. The Region Board shall develop, implement, and maintain written by-
laws describing the role and responsibilities of the board.
5.5 Allowable Program Costs. Expenditures shall be in accordance with the
approved budget detailed in Exhibit B and Sections 5-9 of the POST Law
Enforcement Training Grant Program Guidelines.
5.6 Class Announcement/Enrollment Management/Class Cancellation or
Postponement. Grantee agrees to notify POST at least 60 days in advance of the
class date. Enrollment will only be available to officers in that training region until 30
days before the class start date. At that time, officers from other training regions
may register for the class. Enrollment will close 15 days prior to start date of the
class. Enrollment past the close date can occur at the discretion of each training
region. The Grantee agrees to limit enrollment for training, including the host
agency, to four (4) seats, or 20% of the class size (whichever is greater) for each
agency within the Region, until 15 days prior to the start of training. The exception to
this is when a course is held at a venue that can accommodate a large number of
attendees (such as virtual training) or there are plenty of open seats. POST
recommends regions/agencies consider cancelling or postponing classes if they
have less than 50% enrollment fifteen (15) days prior to start of the class. Decisions
to postpone or cancel a class are at the sole discretion of the region board or
agency.
5.7 Audits. Grantee is required to submit to DOL any audit performed for any fiscal
year covering a portion of the term of this Grant or any other grants/contracts with
DOL. Such audits include but are not limited to a financial -statement audit or single
audit in accordance with the Office of Management and Budget's (OMB) A-133 is
required when non-federal entities expend $500,000 or more in federal awards in
the entity's fiscal year. Grantee shall insure that audits required are performed and
submitted to POST within 6 months of Grantee's fiscal year-end. The final audit
report shall be sent to:
Exhibit A5
Docusign Envelope ID: 90CD207E-C310-857A-804D-CD2F9B4FOE38
Department of La
Criminal Justice Section, POST
Grant Manager Kimberly Hernandez
1300 Broadway, 91h Floor
Denver, CO 80203
5.8 Reporting. Grantee shall submit the reports as outlined on the III)OS IC webss�t
(Grants > Regional Program > Reporting), and any other reports requested by POST
using the State -provided reporting forms by their due date. A report must be
submitted for every calendar quarter, including partial calendar quarters, as well as
for periods where no grant activity occurs. Future awards and fund drawdowns may
be withheld if these reports are delinquent.
5.9 Reporting of Unexpended Funds. Grantee shall inform POST in writing, no later
than March 31, 2027 of the status of any potential unexpended balance (cost
savings). Grantees failure to notify POST of any unexpended balance may result in
the reduction or termination of future awards.
5.10 Monitoring. The State shall monitor this Grant through review of submitted
reports and other documents as necessary or may also conduct on -site monitoring
of the Grantee to determine whether performance goals, administrative standards,
financial management and other requirements of the Grant have been met.
5.11 Mandatory Attendance. Grantee attendance atwebinars and trainings
conducted by POST to enhance the administration of the Grant program is required.
Grantee will be notified of all such trainings at least 30 days in advance and shall be
reimbursed by POST for per diem and lodging.
5.12 POST Acknowledgement. Grantees are encouraged to make the results and
accomplishments of their project activities available to the public. All materials
published or resulting from award activities, includingvideos must contain an
acknowledgement of POST support.
5.13 Publications. The grant recipient agrees that any publications, whether
written, visual or audio, but excluding press releases, newsletters and issue
analysis, issued by the grantee describing training funded in whole or part shall
contain the following statement: "This trainingwas supported by a grant from the
Exhibit A5
Docusign Envelope ID: 90CD207E-C310-857A-804D-CD2F9B4FOE38
State of Colorado Office of Peace Officer Standards and Training."
5. 14 Curriculum and Instructor Review. Training courses (except for out of state
training) and instructors funded by the POST Region Grant Program must be
reviewed by POST and assigned a course number prior to the course start date.
POST is not liable to reimburse the Grantee for classes that have not been reviewed
or assigned a course code number prior to the training. Instructor programs require
POST -Board Subject Matter Expert (SME) Committee approval.
5. 15 Eligible Training Recipients. POST training region funds are for peace officers
who are current employees of law enforcement agencies within the State of
Colorado. Civilian employees, civilian employees of law enforcement agencies,
federal employees or military personnel may enroll in these courses only if there are
extra spaces available and no peace officers are displaced or wait listed. Civilian,
federal and military personnel may not be provided POST funds for scholarships, nor
may funds be used to provide refreshments or class supplies. If personnel attending
classes are not peace officers the Training Region is responsible to identify those
names on the attendance roster prior to submitting the roster to POST. Grantees
may not include civilian, military or military personnel in their reporting numbers to
POST or include them in the number of students attending in the grant management
database.
5. 16 Ineligible Training Recipients. Law enforcement agencies who are
suspended from receiving or attending any POST funded training may not benefit
from POST -funded classes. The suspension remains in affect until December 31,
2026. The Training Region is responsible to ensure officers from these agencies are
not the recipients of POST -funded training. POST is not liable to reimburse the
Grantee for personnel attending classes from law enforcement agencies who are
suspended from receiving or attending POST -funded training. The following law
enforcement agencies are suspended from receiving or attending any POST -funded
training until December31, 22:
Southeast- . Region
Exhibit A5
Docusign Envelope ID: 90CD207E-C310-857A-804D-CD2F9B4FOE38
5. 17 Equipment Report. If your grant purchased equipment a POST -Inventory
Equipment Report must be submitted by June 30 each year. Equipment records
must be retained for seven (7) years from the date the report is submitted to POST. If
any litigation, claim or audit is started before the expiration of the seven-year period,
the records shall be retained until the litigation, claims, or audit findings involving
records have been resolved.
5. 18 Retention of Records. All grant records must be retained for three (3) years
after the end of the state fiscal year that includes the end date of the grant. For
example, if the grant ended 6/30/2018, the state fiscal year would be July 1, 2017 to
June 30, 2018. The files could be destroyed after June 30, 2021. If an audit is in
progress and/or the findings of a completed audit have not been resolved
satisfactorily, then records must be retained beyond the three-year period until such
issues are resolved.
5. 19 Grant Records. Grant records include all financial records, supporting
documentation, statistical records, and all other records pertinent to the grant.
These include books of original entry, source documents supporting accounting
transactions, the general ledger, subsidiary ledgers, personnel and payroll records,
consultant/volunteer time and activity reports, canceled checks, related
documents and records.
5.20 Conflict of Interest. In addition to any other applicable laws, the provisions of
this section shall apply to all POST grant agreements. The following individuals shall
not solicit or accept, directly or indirectly, any personal benefit or promise of a
benefit from the grant recipient or a person negotiating, doing business with, or
planning, within the individual's knowledge, to negotiate or do business with the
contracting agency:
member, or any other person or entity under contract with any overn ental body
that exercises any functions or responsibilities in the review or approval of the
undertaking or carrying out of the project, including but not limited to any employee
of the contracting agency or any person serving as the monitor of a personal
services contract or a member of the immediate family of any individual described
above.
No individual described in paragraph two (2) of this subsection shall use his or her
position, influence, or information concerning such negotiations, business, or plans
Exhibit A5
Docusign Envelope ID: 90CD207E-C310-857A-804D-CD2F9B4FOE38
to benefit him or herself or another.
A grant recipient shall agree that at the time of contracting the grant recipient has no
interest and shall not acquire any interest, direct or indirect, that would conflict in
any manner or degree with the performance of the grant recipient's services. The
grant recipient shall further covenant that, in the performance of the contract, the
grant recipient shall not employ persons having any such known interests.
5.21 Insurance. Grantee shall obtain and maintain insurance as specified in the
grant agreement at all times during the term of the award.
5.22 Revision to Guidelines. In response to new state regulations, or to changing
circumstances among law enforcement training community or to resources
available to peace officers, it may, from time to time, be necessary to change the
POST Grant Program Guidelines. Changes impacting grant recipients will be
communicated to Regional grantees in order to seek input prior to implementation.
Exhibit A5
~
Training $104,840.00
Equipment $6,000.00
Grant Management $6,395.00
Program Delivery $12,791.00
Grand Total $153,879.00
Docusign Envelope ID: 90CD207E-C310-857A-804D-CD2F9B4FOE38
Exhibit C, Sample Option Letter
State Agency
[Insert Department's or IHE's Full Legal Name]
Grantee
[Insert Grantee's Full Legal Name, including
"Inc.", "LLU, etc.]
Grantee UEI
[Insert Grantee UEI]
Current Agreement Maximum Amount
Initial Term
State Fiscal Year [20XX] [$0.00]
Extension Terms
State Fiscal Year [20XX]
[$0.00]
State Fiscal Year [20XX]
[$0.00]
State Fiscal Year [20XX]
[$0.00]
State Fiscal Year [20XX]
[$0.00]
Total for All State Fiscal
Years [$0.00]
Options:
Option Letter Number
[Insert the Option Number (e.g. 1" for the
first option)]
Original Agreement Number
[Insert CMS number or Other Agreement
Number of the Original Agreement]
Option Agreement Number
[Insert CMS number or Other Agreement
Number of this Option]
Agreement Performance Beginning Date
[Month Day, Year]
Current Agreement Expiration Date
[Month Day, Year]
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
Required Provisions:
1. For use with Option 1(A): In accordance with Section(s) [Number] of the Original
Agreement referenced above, the State hereby exercises its option for an additional term,
beginning [Insert start date] and ending on the current Agreement expiration date shown
above, at the rates stated in the Original Agreement, as amended.
Exhibit B Page 1 of 2 Version: 11 /2024
Docusign Envelope ID: 90CD207E-C310-857A-804D-CD2F9B4FOE38
2. For use with Options 1(B and C): In accordance with Section(s) [Enter Section(s) number] of
the Original Agreement referenced above, the State hereby exercises its option to
[Increase/Decrease] the quantity of the [Goods/Services or both] at the rates stated in the
Original Agreement, as amended.
3. For use with Option 1(D): In accordance with Section(s) [Enter Section(s) number] of the
Original Agreement referenced above, the State hereby exercises its option to modify the
Agreement rates specified in [Enter Exhibit/Section] [Enter 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.
4. For use with Option 1(E): In accordance with Section(s) [Enter Section(s) number] of the
Original Agreement referenced above, the State hereby exercises its option to initiate
Phase [indicate which Phase: 2, 3, 4, etc.], which shall begin on [Insert start date] and
end on [Insert ending date] at the cost/price specified in Section [Enter Section(s) number].
5. 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.
Option Effective Date:
The effective date of this Option Letter is upon approval of the State Controller or [Enter date],
whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
[INSERT -Name of Agency or IHE]
[INSERT -Name 8t Title of Head of Agency or
IHE]
By: [Name 8t Title of Person Signing for
Agency or IHE]
Date:
In accordance with 524-30-202, C.R.S., this
Option is not valid until signed and dated
below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_
[Name of Agency or IHE Delegate -Please
delete if Agreement will be routed to OSC for
approval]
Option Effective
Date:
Exhibit B Page 2 of 2 Version: 11 /2024