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HomeMy WebLinkAbout2017 Ordinance No. 045ORDINANCE NO. 45 SERIES OF 2017 BY AUTHORITY COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO AND AUTHORIZING THE CITY OF ENGLEWOOD, AS THE FISCAL AGENT FOR THE PEACE OFFICER STANDARDS AND TRAINING BOARD GREATER METRO REGION TRAINING COMMITTEE. WHEREAS, the Peace Officer Standards and Training Board (POST) of the Office of the Colorado Attorney General has the primary mission to establish and maintain the standards for peace officer training and certification that are relevant, realistic and responsive to an ever- changing world; and WHEREAS, this Grant is for the City to assist the State in fulfilling its responsibility of providing professional quality training programs to Colorado peace officers who risk their lives every day in the normal course of their duties and are expected to make quick and difficult health and safety decisions that are in the best interests of the citizens of Colorado; and WHEREAS, the Greater Metro Region, of which the Englewood Police Department is a voting member, provides low-cost and free training to the members of the Greater Metro Region as well as scholarships to those agencies that could not otherwise afford the training; and WHEREAS, one of the requirements for each region is that a Fiscal Agent be established so that disbursement of training dollars can be issued to vendors or local law enforcement agencies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I .. The City Council of the City of Englewood , Colorado hereby authorizes the acceptance of the grant from the State of Colorado to act as the Fiscal Agent on behalf of the Peace Officer Standards and Training Board (POST) Greater Metro Region Training Committee for the July I, 2017 fiscal year ending June 30, 2018, attached hereto as Exhibit A. Section 2. The Chief of Police is hereby authorized to sign the POST Grant for the Greater Metro Regional Training Committee. Read by Title and passed on final reading on the 17•h day of July, 2017. Published by Title in the City's official newspaper as Ordinance No. 45, Series of 2017, on the 20th day of July, 2017. Published by title on the City's official website beginning on the 19th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following fl · ssage. ATTEST: I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 45, Series of 2017. A-eCarlile 2 STATE OF COLORADO Department of Law Grant Agreement with CITY OF ENGLEWOOD TABLE OF CONTENTS Exhibit A Routin2 # CMS # I. PARTIES ................................................................................................................................................................... I 2. EFFECTIVE DA TE AND NOTICE OF NONLIABILITY ...................................................................................... I 3. RECITALS ................................................................................................................................................................ I 4. DEFINITIONS .......................................................................................................................................................... 2 5. TERM and EARLY TERMINATION ...................................................................................................................... 3 6. ST A TEMENT OF WORK ........................................................................................................................................ 3 7. PAYMENTS TO GRANTEE .................................................................................................................................... 3 8. REPORTING -NOTIFICATION ............................................................................................................................. 4 9. GRANTEE RECORDS ............................................................................................................................................. 4 I 0. CONFIDENTIAL INFORMATION-ST A TE RECORDS ...................................................................................... 5 11. CONFLICTS OF INTEREST ................................................................................................................................. 6 12. REPRESENTATIONS AND WARRANTIES ....................................................................................................... 6 13. INSURANCE .......................................................................................................................................................... 6 14. BREACH ................................................................................................................................................................. 7 15. REMEDIES ............................................................................................................................................................. 8 16 . NOTICES and REPRESENTATIVES .................................................................................................................... 9 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................................. IO 18. GOVERNMENTAL IMMUNITY ........................................................................................................................ 10 19. STATEWIDE GRANT MANAGEMENT SYSTEM ........................................................................................... 10 20. GENERAL PROVISIONS .................................................................................................................................... 11 21. COLORADO SPECIAL PROVISIONS ............................................................................................................... 13 22. SIGNATURE PAGE ............................................................................................................................................. 15 EXHIBIT A -STATEMENT OF WORK ................................................................................................................. A I EXHIBIT B -APPLICATION ................................................................................................................................... BI EXHIBIT C -OPTION LETTER ............................................................................................................................... CI 1. PARTIES This Grant Agreement (hereinafter called "Grant") is entered into by and between City of Englewood (hereinafter called "Grantee"), and the STATE OF COLORADO acting by and through the Department of Law, Peace Officer Standards and Training (POST) (hereinafter called the "State or DOL" or "POST'). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in Colorado Revised Statutes C.R.S.24-31-310 and funds have been budgeted, appropriated and otherwise made available pursuant to C.R.S.42-3 -3004 (24) and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. Page I B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The Grantee will deliver law enforcement training services as identified in Exhibit B (Application). D. References All references in this Grant 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. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget "Budget" means the budget for the Work described in Exhibit A and B. B. Evaluation "Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in §6 and Exhibit A and B. C. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A (Statement of Work), Exhibit B (Application), and Exhibit C (Option Letter). D. Goods "Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. E. Grant "Grant" means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Grant, and any future modifying agrt:t:mt!nls, t!xhibils, allachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. F. Grant Funds "Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant. G. Party or Parties "Party" means the State or Grantee and "Parties" means both the State and Grantee. H. Program "Program" means the POST Region Law Enforcement Training grant program that provides the funding for this Grant. I. Review "Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6 and Exhibit A and B. J. Services "Services" means the required services to be performed by Grantee pursuant to this Grant. K. Subgrantee "Subgrantee" means third-parties, if any, engaged by Grantee to aid in performance of its obligations. L. Work "Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit A and B, including the perfonnance of the Services and delivery of the Goods. M. Work Product "Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. Page 2 5. TERM A. Initial Term-Work Commencement The Parties respective performances under this Grant shall commence on the later of either the Effective Date or July 1, 2017. This Grant shall terminate on June 30, 2018 unless sooner terminated or further extended as specified elsewhere herein. 6. STATEMENT OF WORK A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit A and Bon or before June 30, 2018. The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed by Grantee or Subgrantees shall be considered Grantee's or Subgrantees' employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $442,264.00, as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Grant or in Exhibit A shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by the State within 4S days may, if Grantee so requests, bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of day's interest to be paid and the interest rate. iii. Available Funds-Contingency-Termination The State is prohibited by law from making fiscal commitments beyond the term of the State's current fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Grant in whole or in part, the State's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Grant, the State may immediately terminate this Grant in whole or in part without further liability in accordance with the provisions herein. iv. Erroneous Payments Page3 At the State's sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other Grants, grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Grantee may adjust budgeted expenditure amounts up to 10% within each line item of said Budget without approval of the State. Adjustments in excess of 10% shall be authorized by the State in an amendment to this Grant. The State's total consideration shall not exceed the maximum amount shown herein. 8. REPORTING -NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in acco rdance with §19, if applicable. A. Performance, Progress, Personnel, and Funds State shall submit a report to the Grantee upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit A. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder, Grantee shall notify the State of such a ction and deliver copies of such pleadings to the State's principal representative as identified herein. If the State's principal representative is not then serving, suc h notice and copies shall be delivered to the Executive Director of Department of Law. C. Performance Outside the State of Colorado and/or the United States /Not applicable if Grant F11nds include a11y federal funds/ Following the Effective Date, Grantee shall provi de written notice lo the State, in accordance with §16 (Notices and Representatives), within 20 days of the earlier to occur of Grantee's decision to perform, or its execution of an agreement with a Sub grantee to perform, Services outside the State of Colorado and/or the United States. Such notice shall spec ify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Serv ices at such location or locations . All notices received by the State pursuant to this §8.C shall be posted on the Colorado Department of Personnel & Administration's website. Knowing failure by Grantee to provide notice to the State under this §8.C shall constitute a material breach of this Grant. D. Noncompliance Grantee's failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. E. Subgrants Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal a nd state laws and shall provide that such subgrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records : A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, commun ications, notes and other written materials, electronic media files, a nd communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Re cord Retention Period) until the last to occur of the following: (i) a period of three years after the date this Grant is completed or terminated, or (ii) final payment is made hereunder, whichever is later, or (iii) for such Page 4 further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the "Record Retention Period"). B. Inspection Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period for a period of three years following termination of this Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Grantee's perfonnance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the tenn of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into confonnity with Grant requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or inequity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the tenns of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee's performance hereunder. D. Final Audit Report If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 10. CONFIDENTIAL INFORMATION-STATE RECORDS Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records, and information concerning individuals. A. Confidentiality Grantee shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State's principal representative. B. Notification Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State records and confidential infonnation that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee shall provide and ma intain a secure environment that ensures confidentiality of all State records a nd other confidential infonnation wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure-Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. Grantee shall indemnify, save, and hold hannless the State, its employees and agents, against any and all claims, damages, liability Page 5 and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to this §10. 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is hannful to the State's interests. Absent the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority-Grantee and Grantee's Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits, Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee perfonning Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13. INSURANCE Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the "GIA''), then 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 GIA. Grantee shall show proof of such insurance satisfactory to the Stale, if requested by the State. Grantee shall require each Grant with Subgrantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Subgrantee's liabilities under the GIA. Page6 ii. Non-Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the tenn of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to Subgrantees that are not "public entities0 • B. Grantee and Subgrantecs Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: i. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Grantee and Subgrantee employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Subgrantee shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with this provision. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 203 7, or equivalent). v. Primacy of Coverage Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in accordance with §16 (Notices and Representatives) within seven days of Grantee's receipt of such notice. vii. Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the tenn of this Grant or any subgrant, Grantee and each Subgrantee shall, within IO days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREACH A. Defined Page 7 In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a breach. 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 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shal I be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 1S. REMEDIES If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §14(B). The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fai Is to promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder 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, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State's property. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined 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 the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any 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 to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for Page8 excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §lS(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this §lS(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of Grantee's employees, agents, or Subgrantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest. v. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; o r, (c) ifneither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Page 9 Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Corv Amend Deoartment of Law-POST 1300 Broadwav, 91 " Floor Denver, CO 80203 Email: corv.amendcalcoag.gov B. Grantee: Citv of Emdewood Chief John Collins 1000 Enl!lewood Parkway En!!lewood, CO 80110-23 73 Email: icollins(a)englewoodgov.org 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State's exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Grantee1s obligations hereunder without the prior written consent of the State. 18. GOVERNMENT AL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24-30-1501, et seq., as amended. 19. STATEWIDE GRANT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-10 I and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Grant management system. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's performance will be systematically recorded in the statewide Grant Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such performance information shall be entered into the statewide Grant Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the Page to end of the Grant tenn. Grantee shall be notified following each perfonnance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final perfonnance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel & Administration (Executive Director), upon request by the DOL, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-IOS-I 02(6)), or (b) under CRS §24-IOS-I02( 6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107,201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause. 20. GENERAL PROVISIONS A. Assignment and Subgrants Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B. Binding Effect Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indemnification-General Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended . G. Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Modification i. By the Parties Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS - TOOLS AND FORMS. ii. By Operation of Law Page 11 This Grant is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. I. Order of Precedence The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions, ii. The provisions of the main body of this Grant, iii. Exhibit A, iv. Exhibit B, v. Exhibit C. J. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued perfonn.ince, compliance, or effect after tennination hereof, shall survive such tennination and shall be enforceable by the State if Grantee fails to perform or comply as required. L. Taxes The State is exempt from all federal excise ta.xes under IRC Chapter 32 {No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-10 I and 20 I et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subuivisiuns (e.g., City uf Denver) may require payment of sales 01· use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. M. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. 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. N. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. 0. CORA Disclosure To the extent not prohibited by federal law, this Grant and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-10 I, et seq. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 12 21. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all Grants except where noted in italics. A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. FUND AVAILABILITY. CRS §24-30-202(5.5), 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. No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq., as applicable now or hereafter amended. 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 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. Unemployment insurance benefits will be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Grantee 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 strictly comply with all applicable federa l 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. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Grant or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyr ight laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall mainta in in place appropriate systems and controls to prevent such improper use of public funds. If the State detennines that Grantee is in violation of this provision, the State may ex ercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. Page 13 I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. 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 Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the perfonnance of Grantee's services and Grantee shall not employ any person having such known interests. J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not applicable to i11tergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-10 l, et seq.; ( c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency detennination or judicial action . K. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101. {Not applicable to agreements relati11g to tl,e offer, issua11ce, or sale of securities, investment advisory services or fund management services, sponsored projects, i11tergover11mental agreeme11ts, or information tecllnology services or prod11cts and services/ Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perfonn work under this Grant and will confinn the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a S nbgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shall tenninate the subgrant if a Subgrantee does not stop employing or contracting with the illegal alie n within three days of receiving the notice, and ( d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the granting State ag~ncy, Institution of Higher Education or political subdivision, a written, notarized affinnation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of th is provision or CRS §8-17.5-101 et seq., the granting State agency, institution of higher education or political subdivision may tenninate this Grant for breach and, if so terminated, Grantee shall be liable for damages. L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101. Grantee, if a natural person eighteen ( 18) years of age or older, hereby swears and affinns under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions ofCRS §24-76.5-101 et seq., and (c) has produced one fonn of identification required by CRS §24-76.5-103 prior to the effective date of this Grant. SPs Effec tiv e 1/1/09 Page 14 22. SIGNATURE PAGE Grant Routing Number THE PARTIES HERETO HA VE EXECUTED THIS GRANT • Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE CITY OF ENGLEWOOD By: STATE OF COLORADO Cynthia H. Coffman, Attorney General By and tl1roug/1 Title: Chief of Police Colorado Attorney General's Office Department of Law *Signature Signature By: Melanie J. Snyder, Chief of Staff Date: __________ _ Date: ----------- ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30·202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ___________________ _ Melissa Moynham , Controller Colorado Department of Law Date: --------- Page IS EXHIBIT A-STATEMENT OF WORK All terms not defined in this Exhibit A shall be the meaning given in the main body of the Grant Agreement. 1. PROJECT DESCRIPTION 1.1 Work. Grantee has submitted a Grant Application (Exhibit 8) 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 §S(A). 2. PERSONNEL 2.1 Replacement. Grantee shall immediately notify POST if the Responsible Administrator specified in §2.2 ceases to serve. Provided there is a good-faith reason for the change, if Grantee wishes to replace its key personnel, it shall notify POST and seek its approval, which shall be at POST's sole discretion as the State issued this Grant in part reliance on Grantee's representation regarding key personnel. Such notice shall specify why the change is necessary, who the proposed replacement is, what their qualifications are, and when the change will take effect. Anytime key personnel cease to serve, the State, in its sole discretion may direct Grantee to suspend work on the Project until such time as their replacement is approved. 2.2 Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of Chief John Collins an employee or agent of the Grantee, who is hereby designated as the responsible administrator of this Project. 3. BUDGET 3.1 Budget. The maximum amount payable under this Grant to Grantee by the State is $442J264.00. 3.2 Budget Flexibility. Grantee may adjust indiviudal budget line item expenditure amounts within an indiviudal training course without approval of POST, provided that, there is no increase to the administrative line items, and the cummulative budgetary line item changes do not exceed ten percent (10%) of the total budgeted amount of the line item. All other budgetary modifications shall require POST approval in accordance with the Modification subsection of the General Provisions of this Grant. The request mut be approved by POST before deviating from the current approved budget and scope of work. Requests that are not pre-approved may not be reimburseable. 4. PAYMENT 4.1 Payment. Grantee shall submit a request for reimbursement at a minimum on a calendar quarter basis. All invoices must be submitted within 60 days of the training or purchase date and no later than June 30th to be eligible for payment. All requests shall be for eligible expenses, as described in detail in Exhibit B. Requests shall be made using the Grant Management System and be accompanied by supporting documentation equal to 100% of the reimbursement request, a POST-approved Student Attendance Roster or Certificate of Completion, and a completed reimbursement form. 4.2 Final Payment. The final grant payment request must be requested no later than June 30th and shall include only actual expenses incurred prior to June 30th• Payment for training can only be approved for actual services received or performed and completed by June 30th• Exhibit Al Equipment purchases must be made and the receipt of the equipment must be completed by June 30th to be eligible for payment. 4.3 Electronic Fund Transfer. Payments will be remitted by electronic fund transfer. 5. ADMINISTRATIVE REQUIREMENTS 5.1 Accounting. Grantee must maintain properly segregated accounts of POST grant funds and other funds associated with the Work and make those records available to the State upon request. Grantee must have a system that classifies all revenues and expenditures by funding source. The accounting system must have an adequate method of internal controls to safeguard the funds. Expenditures must be tracked and reconciled with the general ledger. 5.2 Procurement. The grantee agrees to have procurement procedures and will document its procurement procedures and maintain the documentation in the grant records when applicable. 5.3 Grant Guidelines. The grantee agrees to develop, implement, and maintain written grant procedures or guidelines that, at a minimum identify how to access training and scholarship funds through the Region, what the Region's allowable costs are, and any applicable rules to be followed by a Region member organization. 5.4 Region Board and By-laws. The grantee agrees to develop, implement, and maintain a Region Board representative of the Region that, at a minimum recommends how annual POST funds will be applied for and distributed throughout the Region. The Region Board shall develop, implement, and maintain written by-laws describing the role and responsibilities of the board. 5.5 Allowable Program Costs. Expenditures shall be in accordance with the approved budget detailed in Exhibit B and Sections 5-9 of the POST Law Enforcement Training Region Grant Program Guidelines. 5.6 Enrollment Management. 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 two (2) weeks 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 or the class is announced to the Region within a month of its start date. 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 (0MB) A-133 is required when non-federal entities expend $500,000 or more in federal awards in the entity's fiscal year. Grantee shall insure that audits required are performed and submitted to POST within 6 months of Grantee's fiscal year-end. The final audit report shall be sent to: Department of Law Criminal Justice Section, POST Attention: Becky Calomino, Grant Manager 1300 Broadway, 9th Floor Denver, CO 80203 5.8 Reporting. Grantee shall submit the following reports, and any other reports requested by POST using the State-provided reporting forms by their due date. A report must be submitted for every calendar quarter, including partial calendar quarters, as well as for periods where no grant activity occurs. Future awards and fund draw-downs may be withheld if these reports are delinquent. Exhibit A2 Report Period Report Type Due Date July 1st-September 30th Proe-ress and Financial October 6th October 1st-December 31st Proe-ress and Financial Januarv 5th January 1st -March 31st Proi:rress and Financial Aoril 6th July 1st -June 30th Eauioment lnventorv June 30th April 1st-June 301h Final Progress and Final July 6th Financial 5.9 Reporting of Unexpended Funds. Grantee shall inform POST in writing, no later than March 31, 2018 of the status of any potential unexpended balance (cost savings). Grantees failure to notify POST of any unexpended balance may result in the reduction or termination of future awards. 5.10 Monitoring. The State shall monitor this Grant through review of submitted reports and other documents as necessary, or may also conduct on-site monitoring of the Grantee to determine whether performance goals, administrative standards, financial management and other requirements of the Grant have been met. 5.11 Mandatory Attendance. Grantee attendance at webinars and trainings conducted by POST to enhance the administration of the Grant program is required. Grantee will be notified of all such training at least 30 days in advance and shall be reimbursed by POST for per diem and lodging. 5.12 POST Acknowledgement. Grantees are encouraged to make the results and accomplishments of their project activities available to the public. All materials published or resulting from award activities, including videos must contain an acknowledgement of POST support. 5.13 Publications. The grant recipient agrees that any publications, whether written, visual or audio, but excluding press releases, newsletters and issue analysis, issued by the grantee describing training funded in whole or part shall contain the following statement: "This training was supported by a grant from the State of Colorado Office of Peace Officer Standards and Training''. 5.14 Curriculum and Instructor Review. Training courses (except for out of state training) and instructors funded by the POST Region Grant Program must be reviewed by POST and assigned a course number prior to the course start date. POST is not liable to reimburse the Grantee for classes that have not been reviewed or assigned a course code number prior to the training. Instructor programs require POST-Board Subject Matter Expert (SME)Committee approval. 5.15 Eligible Training Recipients. POST training region funds are for peace officers who are current employees of law enforcement agencies within the State of Colorado. Civilian employees, civilian employees of law enforcement agencies, federal employees or military personnel may enroll in these courses only if there are extra spaces available and no peace officers are displaced or wait listed. Civilian, federal and military personnel may not be provided POST funds for scholarships, nor may funds be used to provide refreshments or class supplies. If personnel a ttending 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 st udents attending in the grant management data base. Exhibit A3 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, 2017. The Training Region is responsible to ensure officers from these agencies are not the recipients of POST- funded training. POST is not liable to reimburse the Grantee for personnel attending classes from law enforcement agencies who are suspended from receiving or attending POST-funded training. The following law enforcement agencies are suspended from receiving or attending any POST funded training until December 31, 2017: Greater Metro North Central Northeast Trainine: Ree:ion Trainine: Ree:ion Trainine: Rem.on Commerce City Police Dent. Ault Police Dept. Wiggins Police Dept. San Luis Valley Southeast West Central Trainin~ Re~ion Trainine: Rem.on Trainine: Ree:ion Del Norte Police Baca County Mount Crested Deot. Sheriffs Office Butte Police Deot. Granada Police Dent. Springfield Police Dent. 5.17 Equipment Report. If your grant purchased equipment a POST-Inventory Equipment Report must be submitted by June 30th each year. Equipment records must be retained for seven (7) years from the date the report is submitted to POST. If any litigation, claim or audit is started before the expiration of the seven-year period, the records shall be retained until the litigation, claims, or audit findings involving records have been resolved. 5.18 Retention of Records. All grant records must be retained for seven (7) years after the end of the state fiscal year that includes the end date of the grant. For example, if the grant ended 6/30/2015, the state fiscal year would be July 1, 2015 to June 30, 2016. The files could be destroyed after June 30, 2023. 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 seven-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: Exhibit A4 A member, or any other person or entity under contract with any governmental body that exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, including but not limited to any employee of the contracting agency or any person serving as the monitor of a personal services contract or a member of the immediate family of any individual described above. No individual described in paragraph (2) of this subsection shall use his or her position, influence, or information concerning such negotiations, business, or plans to benefit him or herself or another. A grant recipient shall agree that at the time of contracting the grant recipient has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the grant recipient's services. The grant recipient shall further covenant that, in the performance of the contract, the grant recipient shall not employ persons having any such known interests. 5.21 Insurance. Grantee shall obtain and maintain insurance as specified in the grant agreement at all times during the term of the award. 5.22 Revision to Guidelines. In response to new state regulations, or to changing circumstances among law enforcement training community or to resources available to peace officers, it may, from time to time, be necessary to change the POST Region Grant Program Guidelines. Changes impacting grant recipients will be communicated prior to their implementation and will only be implemented at the beginning of a grant cycle. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Exhibit A5 SUMMARY REQU~STED Training $316,505.00 Equipment $11,235.00 - Scholarships $40,813.00 Subtotal $368,553.00 Grant $18,427.65 Management Program $55,283.35 Delivery Grant Total $442,264.00 EXHIBITB APPROVED ~~ $316,505.00 $11,235.00 $40,813.00 $368,553.00 $18,427.65 $55,283.35 $442,264.00 Greater Metro Training Region Application FY2017-2018 $442,264.00 Comments: GMR does not currently have program guidelines and policies. For FY18 POST Grant Program Guidelines will be used. Exhibit B-1 TRAINING Training 1-Supervisory Institute SV0004 Class Date: From 8/21/2017 to 8/25/2017 Description: The Supervisory Institute is designed to provide participants with foundational information and ideas with which to build their future as law enforcement leaders. Individual modules will introduce contemporary and historical leadership theories and philosophies, strategies to improve and polish communication skills, the prevailing human resource and risk management requirements, an examination of the legal requirements for supervisors, a study of agency and individual ethics for the manager, the importance and practice of performance evaluations and a look at the role of the first line supervisor in the success of the agency. Students will be required to participate in various activities during the program to apply the principles 1 presented. Vendor: CSOC Training Category: Supervision Name of Facility: Broomfield Police Department Class Location: Broomfield , CO Hosting Agency: Broomfield Police Department Anticipated Number of Students: 30 Estimated length of class: 40.0 hour(s) Expense Categories Requested Approved $750.00 $750.00 $7,000.00 $7,000.00 $7,750.00 $7,750.00 Exhibit B-2 l Refreshments Instructor Costs Total Training 2-Supervisory Institute SV0004 Class Date: From 3/12/2018 to 3/16/2018 Description: The Supervisory Institute is designed to provide participants with foundational information and ideas with which to build their future as law enforcement leaders. Individual modules will introduce contemporary and historical leadership theories and philosophies, strategies to improve and polish communication skills, the prevailing human resource and risk management requirements, an examination of the legal requirements for supervisors, a study of agency and individual ethics for the manager, the importance and practice of perfomiance evaluations and a look at the role of the first line supervisor in the success of the agency. Students will be required to participate in various activities during the program to apply the principles presented. Vendor: CSOC Training Category: Supervision Name of Facility: Parker Police Department , Class Location: Parker , CO Hosting Agency: Parker Police Department Anticipated Number of Students: 30 Estimated length of class: 40.0 hour(s) Training 3-Train the Trainer 100001 Class Date: From 9/4/2017 to 9/8/2017 Description: A basic instructor methodology course that complies with POST rules to prepare academy instructors. Vendor: CSOC Training Category: Train the Trainer Name of Facility: Arapahoe CSO Class Location: Littleton , CO Hosting Agency: Arapahoe County Sheriff's Office Anticipated Number of Students: 20 Estimated length of class: 40.0 hour(s) Expense Categories Requested Approved $750.00 $750.00 $7,000.00 $7,000.00 $7,750.00 $7,750.00 Expense Categories Requested Approved $500 .00 $500.00 $7,000.00 $7,000.00 $7,500.00 $7,500.00 Exhibit B-3 Refreshments Instructor Costs Total Refreshments Instructor Costs Total Training 4-Train the Trainer ID0001 Class Date: From 4/23/2018 to 4/27/2018 Description: A basic instructor methodology course that complies with POST rules to prepare academy instructors. Vendor: CSOC Training Category: Train the Trainer Name of Facility: Adams CSO Class Location: Brighton , CO Hosting Agency: Adams County Sheriffs Office Anticipated Number of Students: 20 Estimated length of class: 40.0 hour(s) Training 5-Train the Trainer 1D0001 Class Date: From 5/28/2018 to 6/1/2018 Description: A basic instructor methodology course that complies with POST rules to prepare academy instructors. Vendor: CSOC Training Category: Train the Trainer Name of Facility: Broomfiled PD Class Location: Broomfield, CO Hosting Agency: Broomfield Police Department Anticipated Number of Students: 20 Estimated length of class: 40.0 hour(s) Expense Categories Requested Approved $500.00 $500.00 Refreshments $7,000.00 $7,000.00 Instructor Costs $7,500.00 $7,500.00 Total Expense Categories Requested Approved $500.00 $500.00 Refreshments $7,000.00 $7,000.00 Instructor Costs $7,500.00 $7,500.00 Total Exhibit B-4 --1 Training 6-Crime Free Multi-Housing Class Date: From 9/5/2017 to 9/7/2017 Description: The Crime Free Multi-Housing Programs consist of three-phases. Each phase is completed under the supervision of local law enforcement. The cornerstone of the Crime Free Multi-Housing Program is the voluntary partnership between law enforcement and the community, working together to prevent crime. Law enforcement coordinators are certified trainers of the Crime Free programs and will provide the initial program training to property staff and conduct the property survey . The third and final phase is a Safety Social with the residents, to provide them information on the program and how it works. Property owners and managers make the commitment to learn and apply the Crime Free Programs to help keep illegal activity off their rental property. This combination of resources has proven to be successful in fighting crime. Vendor: International Crime Free Assoc. Training Category: Other Name of Facility: Aurora PD Class Location: Aurora, CO Hosting Agency: Aurora Police Department Anticipated Number of Students: 100 l _Estimated length of class: 24.0 hour(s) Expense Categories Requested Approved $1,500.00 $1,500.00 $8,250.00 $8,250.00 $9,750.00 $9,750.00 Exhibit B-5 Refreshments Instructor Costs Total Training 7-Crime Free Multi-Housing Class Date: From 5/8/2018 to 5/10/2018 Description: The Crime Free Multi-Housing Programs consist of three-phases. Each phase is completed under the supervision of local law enforcement. The cornerstone of the Crime Free Multi-Housing Program is the voluntary partnership between law enforcement and the community, working together to prevent crime. Law enforcement coordinators are certified trainers of the Crime Free programs and will provide the initial program training to property staff and conduct the property survey. The third and final phase is a Safety Social with the residents, to provide them information on the program and how it works. Property owners and managers make the commitment to learn and apply the Crime Free Programs to help keep illegal activity off their rental property. This combination of resources has proven to be successful in fighting crime. Vendor: International Crime Free Assoc. Training Category: Other Name of Facility: Westminster PD Class Location: Westminster, CO , Hosting Agency: Westminster Police Department Anticipated Number of Students: 100 , Estimated length of class: 24.0 hour(s) Training 8-Field Training Officer 1D0005 Class Date: From 11/13/2017 to 11/17/2017 Description: Prepares new field training officers to participate in a legally defensible agency training , program. Includes teaching skills and evaluation 1 techniques that help the trainer and agency make field training more efficient and avoid legal liability. Vendor: CSOC Training Category: Supervision Name of Facility: Adams CSO/Flatrock Class Location: Brighton , CO Hosting Agency: Adams County Sheriffs Office Anticipated Number of Students: 20 Estimated length of class: 40.0 hour(s) ,___ _____________ ----- Expense Categories Requested Approved $1,500.00 $1,500.00 Refreshments $8,250.00 $8,250.00 Instructor Costs $9,750.00 $9,750.00 Total Expense Categories Requested Approved $500.00 $500.00 Refreshments $7,000.00 $7,000.00 Instructor Costs $7,500.00 $7,500.00 Total Exhibit B-6 Training 9-Field Training Officer ID0005 Class Date: From 3/5/2018 to 3/9/2018 Description: Prepares new field training officers to participate in a legally defensible agency training program. Includes teaching skills and evaluation techniques that help the trainer and agency make field training more efficient and avoid legal liability. Vendor: CSOC Training Category: Supervision I Name of Facility: Broomfield PD Class Location: Broomfield , CO Hosting Agency: Broomfield Police Department Anticipated Number of Students: 20 Estimated length of class: 40.0 hour(s) Expense Categories Requested Approved $500.00 $500.00 Refreshments $7,000.00 $7,000.00 Instructor Costs $7,500.00 $7,500.00 Total Training 10-Accident Investigation Level I TA0030 Class Date: From 10/23/2017 to 10/27/2017 Description: Basic on-scene Accident Investigations teaches evidence identification, collection and photography to assist other higher trained officers in accident investigations. Training Category: Accident Investigation Name of Facility: Denver PD Class Location: Denver , CO Hosting Agency: Denver Police Department Anticipated Number of Students: 12 Estimated length of class: 40.0 hour(s) Expense Categories Requested Approved $300.00 $300.00 Refreshments $2,500.00 $2,500.00 Instructor Costs $2,800.00 $2,800.00 Total Exhibit B-7 Training 11-Accident Investigation Level II TA0028 Class Date: From 1/15/2018 to 1/26/2018 Description: Level II Accident Investigations class " teaches the physic of traffic accidents and the math formulas to determine speeds of vehicles. This course also teaches the time/distance formula to determine the position of the vehicles leading up to the crash. Training Category: Accident Investigation Name of Facility: Denver PD Class Location: Denver, CO Hosting Agency: Denver Coroner's Office Anticipated Number of Students: 20 Estimated length of class: 80.0 hour(s) Training 12-Accident Investigation Level Ill Class Date: From 4/16/2018 to 4/27/2018 Description: TBD Training Category: Accident Investigation Name of Facility: Aurora PD Class Location: Aurora , CO Hosting Agency: Aurora Police Department Anticipated Number of Students: 20 Estimated length of class: 80.0 hour(s) Expense Categories Requested Approved $1,000.00 $1,000.00 Refreshments $5,000.00 $5,000.00 Instructor Costs $6,000.00 $6,000.00 Total Expense Categories Requested Approved $1,000.00 $1,000.00 Refreshments $7,500.00 $7,500.00 Instructor Costs $8,500.00 $8,500.00 Total Exhibit B-8 Training 13-Verbal Oe-Escelation Class Date: 8/14/2017 1 Description: This reality-based training familiarizes , participants with a basic overview of communication and verbal de-escalation theory and practice as well as a synopsis of mental health awareness. Participants learn to implement key concepts of conflict management, communication and de-escalation skills and strategies. The class addresses special populations by presenting an overview of clusters of observable signs and symptoms pertaining to a selection of mental illnesses. Students learn to identify, understand, and respond to commonly encountered signs and symptoms of mental illnesses and substance-use disorders. Training Goals include: • Understand the communication system presented in the class. • Understand the PERF decision-making model. • Become familiar with critical thinking skills to safely de-escalate and manage escalated situations. • Identify commonly encountered signs and symptoms of mental illnesses and substance-use disorders. Vendor: CWorx Training-Joe Cassa Training Category: Other Name of Facility: Wheat Ridge PD Class Location: Wheat Ridge , CO Hosting Agency: Wheat Ridge Police Department Anticipated Number of Students: 30 Estimated length of class: 8.0 hour(s) Expense Categories Requested Approved $150.00 $150.00 Refreshments $4,000.00 $4,000.00 Instructor Costs $4,150.00 $4,150.00 Total Exhibi t B-9 Training 14-Verbal De-Escelation Class Date: 3/6/2018 Description: This reality-based training familiarizes participants with a basic overview of communication and verbal de-escalation theory and practice as well as a synopsis of mental health awareness. Participants learn to implement key concepts of conflict management, communication and de-escalation skills and strategies. The class ' addresses special populations by presenting an overview of clusters of observable signs and symptoms pertaining to a selection of mental illnesses. Students learn to identify, understand, and respond to commonly encountered signs and symptoms of mental illnesses and substance-use disorders. Training Goals include: • Understand the communication system presented in the class. • Understand the PERF decision-making model. • Become familiar with critical thinking skills to safely de-escalate and manage escalated situations. • Identify commonly encountered signs and symptoms of mental illnesses and substance-use disorders. Vendor. CWorx Training-Joe Cassa Training Category: Other Name of Facility: Douglas CSO , Class Location: Castle Rock , CO , Hosting Agency: Douglas County Sheriffs Office Anticipated Number of Students: 30 Estimated length of class: 8.0 hour(s) Expense Categories Requested $150.00 $4,000.00 $4,150.00 Approved $150.00 Refreshments $4,000.00 Instructor Costs $4,150.00 Total Exhibit B-10 Training 15-Technical Surveilance Operations Class Date: From 2/19/2018 to 2/23/2018 Description: This Technical Surveillance Operations Class, hosted by Tactical Technologies, Inc., and the Middle-Atlantic, Great Lakes Organized Crime Law Enforcement Network (MAGLOCLEN), is designed to educate attendees in the areas of electronics and surveillance operations. This includes hands-on practical exercises involving the use of audio and video equipment from different manufacturers. Attendees will become familiar with the most current technology used in the field today. Participants are also encouraged to bring any of their own equipment on which they might need to be trained. Vendor: Tactical Technologies Inc. Training Category: Other Name of Facility: Jefferson CSO Class Location: Golden , CO Hosting Agency: Jefferson County Sheriffs Office Anticipated Number of Students: 25 Estimated length of class: 40.0 hour(s) Expense Categories Requested Approved $625.00 $625.00 Refreshments $12,375.00 $12,375.00 Instructor Costs $13,000.00 $13,000.00 Total Exhibit B-11 Training 16-Interview & Interrogation Class Date: From 10/9/2017 to 10/13/2017 Description: The primary reason for the existence of any investigator, whether in the criminal, loss prevention, personnel, intelligence, safety, or private investigation field, is to gather information. The success of the investigator is directly related to his ability to conduct effective interviews and interrogations. In 1975, the Rand Corporation concluded through research that the single most important factor directly affecting the outcome of any investigation was the quality of information obtained from the witness or victim of the event. It is reasonable, therefore, to also believe that the proper interview and interrogation of possible suspects has an equal, if not greater, effect on the success of an investigation. The concept of interviewing held by many investigators is that it appears to be a skill one is possibly born with and is something that cannot be taught. It would also seem that interview and interrogation is viewed as a method of merely following a list of questions presented in some disciplined and structured manner with little or no 1 variation. In reviewing current, as well as dated texts and articles, the new interviewer is led to believe that interview and interrogation is also merely an exercise in asking the "who, what, where, when, and how" that are routinely used in reporting. All such concepts appear to ignore the fact that human behavior, not to mention human interpersonal communication, is complex and multifaceted, and that neither can be approached in a restrictive, structured manner. Vendor: PATC Training Category: Interview and Interrogation Name of Facility: Jefferson CSO Class Location: Golden, CO Hosting Agency: Jefferson County Sheriffs Office Anticipated Number of Students: 55 Estimated length of class: 20.0 hour(s) Expense Categories Requested Approved $687.50 $687.50 Refreshments $9,500.00 $9,500.00 Instructor Costs $10,187.50 $10,187.50 Total Exhibit B-12 Training 17-Interview & Interrogation Class Date: From 3/26/2018 to 3/30/2018 Description: The primary reason for the existence of any investigator, whether in the criminal , loss prevention, personnel, intelligence, safety, or private investigation field, is to gather information. The success of the investigator is directly related to his ability to conduct effective interviews and interrogations. In 1975, the Rand Corporation concluded through research that the single most important factor directly affecting the outcome of any investigation was the quality of information obtained from the witness or victim of the event. It is reasonable, therefore, to also believe that the proper interview and interrogation of possible suspects has an equal, if not greater, effect on the success of an investigation. The concept of interviewing held by 1 many investigators is that it appears to be a skill one is possibly born with and is something that cannot be taught. It would also seem that interview and interrogation is viewed as a method of merely following a list of questions presented in some disciplined and structured manner with little or no variation. ln reviewing current, as well as dated texts and articles, the new interviewer is led to believe that interview and interrogation is also merely an exercise in asking the "who, what, where, when, and how'' that are routinely used in reporting. All such concepts appear to ignore the fact that human behavior, not to mention human interpersonal communication, is complex and multifaceted, and that neither can be approached in a restrictive, structured manner. Vendor: PATC l Training Category: Interview and Interrogation Name of Facility: Arapahoe CSO Class Location: Littleton, CO Hosting Agency: Arapahoe County Sheriffs Office Anticipated Number of Students: 55 Estimated length of class: 20.0 hour(s) Expense Categories Requested Approved $687.50 $687.50 Refreshments $9,500.00 $9,500.00 Instructor Costs $10,187.50 $10,187.50 Total Exhibit B-13 Training 18-Crime Prevention Through Environmental Design CP0003 Class Date: From 9/18/2017 to 9/22/2017 Description: Cities and Counties throughout the country are adopting CPTED ordinances requiring site plan reviews with crime prevention in mind. Law enforcement officers who are specially trained in CPTED are now working closely with Planners, Architects, City Officials, and Educators to ensure the proper design of structures, schools, and neighborhoods. Participants will learn how the design and use of the environment can control human / criminal behavior and reduce the fear of crime. They will learn crime prevention through natural means. How natural access control and natural surveillance decrease the opportunity for crime. Participants will learn the different aspects of lighting and its effects on human behavior. Participants will work together on a site survey and provide a group presentation of their results utilizing CPTED strategies. They will learn the advantages of having a CPTED ordinance and how to construct and present it to lawmakers Vendor: National Institute of Crime Prevention Training Category: Miscellaneous Name of Facility: Aurora PD Class Location: Aurora , CO Hosting Agency: Aurora Police Department Anticipated Number of Students: 30 Estimated length of class: 40.0 hour(s) Expense Categories Requested Approved $750.00 $750.00 $10,900.00 $10,900.00 $11,650.00 $11,650.00 Exhibit B-14 Refreshments Instructor Costs Total Training 19-Advanced Crime Prevention Through Environmental Design Class Date: From 11/13/2017 to 11/15/2017 Description: Cities and Counties throughout the country are adopting CPTED ordinances requiring site plan reviews with crime prevention in mind. Law enforcement officers who are specially trained in CPTED are now working closely with Planners, Architects, City Officials, and Educators to ensure the proper design of structures, schools, and neighborhoods. Participants will learn how the design and use of the environment can control human / criminal behavior and reduce the fear of crime. They will learn crime prevention through natural means. How natural access control and natural surveillance decrease the opportunity for crime. Participants will learn the different aspects of lighting and its effects on human behavior. Participants will work together on a site survey and provide a group presentation of their results utilizing CPTED strategies. They will learn the advantages of having a CPTED ordinance and how to construct and present it to lawmakers Vendor: National Institute of Crime Prevention Training Category: Miscellaneous Name of Facility: Aurora PD Class Location: Aurora , CO Hosting Agency: Aurora Police Department Anticipated Number of Students: 30 Estimated length of class: 24.0 hour(s) Expense Categories Requested Approved $450.00 $450.00 $8,900.00 $8,900.00 $9,350.00 $9,350.00 Exhibit B-15 Refreshments Instructor Costs Total Training 20-Simmunition Train the Trainer Class Date: From 11/13/2017 to 11/15/2017 Description: The Simunition Safety Certification Course is designed to prepare Certified Firearms Instructors to safely use FX Marking Cartridges, Weapon Conversion Kits and Protective Equipment. The Simunition Training System gives firearms instructors the ability to conduct safe training practically anywhere, indoors or out. FX® Marking Cartridges can be utilized for firearm familiarization, malfunction/transition drills, magazine changes, shoot don't shoot situations, utilization of cover, off-hand shooting, firing on the move and team shooting drills. Vendor: Simunition Training Category: Other Name of Facility: Parker PD Class Location: Parker, CO Expense Categories Requested Approved $180.00 $180.00 Refreshments $10,000.00 $10,000.00 Instructor Costs $10.180.00 $10,180.00 Total Hosting Agency: Parker Police Department Anticipated Number of Students: 12 Estimated length of class: 24.0 hour(s) J L.------- Training 21~ Simmunition Train the Trainer Class Date: From 5/14/2018 to 5/16/2018 Description: The Simunition Safety Certification Course is designed to prepare Certified Firearms Instructors to safely use FX Marking Cartridges, Weapon Conversion Kits and Protective Equipment. The Simunition Training System gives firearms instructors the ability to conduct safe training practically anywhere, indoors or out. FX® Marking Cartridges can be utilized for firearm familiarization, malfunction/transition drills, magazine changes, shoot don't shoot situations, utilization of cover, off-hand shooting, firing on the move and team shooting drills. Vendor: Simunition Training Category: Other Name of Facility: Northglenn PD Class Location: Northglenn, CO Hosting Agency: Northglenn Police Department Anticipated Number of Students: 12 Estimated length of class: 24.0 hour(s) Expense Categories Requested Approved $180.00 $180.00 $10,000.00 $10,000.00 $10,180.00 $10,180.00 Exhibit B-16 7 I Refreshments I Instructor Costs Total Training 22-Pain Behind the Badge Class Date: 9/18/2017 Description: 'Winning the Battle' is not a seminar on police or military suicide but an emotional day of addressing the bi-products of police and military stress that when untreated or ignored, can and quite often do, result in suicide. We address Depression/PTSD/Cumulative Stress, Progression of Stress, Perception Protection, Spousal & Family involvement, Officer Involved Domestic Violence, Stress & Women in Law Enforcement and Suicide/Prevention.This is not a depressing day but a motivational one. Most hosting agencies re-book for another presentation within 2-3 years. Vendor: Pain Behind the Badge Training Category: Stress Management Name of Facility: Northglenn Class Location: Northglenn, CO Hosting Agency: Northglenn Police Department Anticipated Number of Students: 30 Estimated length of class: 8.0 hour(s) Training 23-Pain Behind the Badge 1 Class Date: 3/26/2018 Description: 'Winning the Battle' is not a seminar on police or military suicide but an emotional day of addressing the bi-products of police and military stress that when untreated or ignored, can and quite often do, result in suicide. We address Oepression/PTSD/Cumulative Stress, Progression of Stress, Perception Protection, Spousal & Family involvement, Officer Involved Domestic Violence, Stress & Women in Law Enforcement and Suicide/Prevention.This is not a depressing day but a motivational one. Most hosting agencies re-book for another presentation within 2-3 years. Vendor: Pain Behind the Badge Training Category: Other Name of Facility: Denver PD Class Location: Denver, CO Hosting Agency: Denver Police Department Anticipated Number of Students: 30 Estimated length of class: 8.0 hour(s) Expense Categories Requested Approved $150.00 $150.00 $4,000.00 $4,000.00 $4,150.00 $4,150.00 Expense Categories Requested Approved $150.00 $150.00 $4,000.00 $4,000.00 $4,150.00 $4,150.00 Exhibit B-17 Refreshments Instructor Costs Total Refreshments Instructor Costs Total J ' Training 24-Crisis Intervention Training Class Date: From 10/16/2017 to 10/20/2017 Description: The Crisis Intervention Teams (CIT) model was developed in 1988 in Memphis, Tennessee, as a partnership between the police department, advocacy groups and treatment providers for people with mental illness, and other community stakeholders to manage crisis situations involving mentally ill subjects. Since that time, many law enforcement agencies have adopted the program and have realized significant benefits in their communities through dramatic declines in injury rates among both citizens and police officers, decreased utilization of the SWAT team to resolve crisis situations and the diversion of people with mental illness from incarceration to community-based mental health services. The goals of CIT are to train law enforcement officers in the recognition of mental illness, to enhance their verbal crisis de-escalation skills, and to provide more streamlined access to community-based mental health services. By engaging mental health consumers with appropriate community supports, the well-being of the individual and the safety of the community can both be enhanced. To that end, this class will include site visits to mental health service providers in the local community to help officers and deputies learn what services are available for people they contact who have mental illness, and to provide community re-entry services for people getting ready to leave ' jail. Vendor: CSOC Training Category: CIT Name of Facility: Golden PD Class Location: Golden , CO Hosting Agency: Golden Police Department Anticipated Number of Students: 20 Estimated length of class: 40.0 hour(s) Expense Categories Requested Approved $500.00 $500.00 $17,000.00 $17,000.00 $17,500.00 $17,500.00 Exhibit B-18 Refreshments Instructor Costs Total Training 25-Peer Support SM0016 Class Date: From 4/30/2018 to 5/2/2018 Description: How to be an Effective Peer Supporter, Managing a High Risk Relationships. Ethical and Confidentiality Issues in Peer Support, Suicide and Suicide Prevention. Overview of Mental Health Jssues, Grief and Loss, Death Notifications. Stress Management, Substance and Abuse Addictions. Issues Related to Family and Children, Counseling and Listening Skills. Anger Management. Vendor: Nicoletti-Flater Training Category: Stress Management Name of Facility: Englewood PD Class Location: Englewood , CO Hosting Agency: Englewood Police Department Anticipated Number of Students: 24 Estimated length of class: 40.0 hour(s) Expense Categories Requested Approved $600.00 $600.00 $5,200.00 $5,200.00 $5,800.00 $5,800.00 Exhibit B-19 Refreshments Instructor Costs Total Training 26-Force Science IV0069 Class Date: From 9/18/2017 to 9/19/2017 Description: This program, created and instructed exclusively by the Force Science Institute, is designed to clearly present, in a practical and understandable fashion, the results of the most cutting edge research into the dynamics of human behavior during life-threatening encounters. The class will explore Force Science, the application of unbiased scientific principles and processes in repetitive physical experiments designed to determine the true nature of suspect provocation and officer response (action-reaction dynamics). The goal of the program is to encourage law enforcement professionals to apply the important concepts 1 revealed in this research when investigating, reconstructing, recalling or otherwise analyzing a use of force. The integration of this information has been proven to enhance the accuracy and thoroughness of decisions made relative to behavior and performance during the incident. The Force Science Institute uses sophisticated time-and-motion measurements to document-often for the first time---critical hidden truths about the physical and mental dynamics of life-threatening events, particularly officer-involved shootings. Its startling findings profoundly impact officer training and safety, and the public's naive perceptions. In fact, the lnstitute's findings have been directly credited with saving officer lives on the street and with preventing some officers from going to prison after being wrongly accused of criminally using deadly force. Vendor: Force Science Institute Training Category: Street Survival Name of Facility: Westminster PD Class Location: Westminster , co Hosting Agency: Westminster Police Department Anticipated Number of Students: 100 Estimated length of class: 16.0 hour(s) Expense Categories Requested Approved $1,000.00 $1,000.00 Refreshments $15,500.00 $15,500.00 Instructor Costs $16,500.00 $16,500.00 Total _ _J Exhibit B-20 I Training 27-Force Science IV0069 Class Date: From 4/9/2018 to 4/13/2018 Description: This program, created and instructed , exclusively by the Force Science Institute, is designed to clearly present, in a practical and understandable fashion, the results of the most cutting edge research into the dynamics of human behavior during life-threatening encounters. The class will explore Force Science, the application of unbiased scientific principles and processes in repetitive physical experiments designed to determine the true nature of suspect provocation and officer response (action-reaction dynamics). The goal of the program is to encourage law enforcement professionals to apply the important concepts , revealed in this research when investigating, reconstructing, recalling or otherwise analyzing a use , of force. The integration of this information has been proven to enhance the accuracy and thoroughness of decisions made relative to behavior and performance during the incident. The Force Science Institute uses sophisticated time-and-motion measurements to document-often for the first time-critical hidden truths about the physical and mental dynamics of life-threatening events, particularly officer-involved shootings. Its startling findings profoundly impact officer training and safety, and the public's naive perceptions. In fact, the lnstitute's findings have been directly credited with saving officer lives on the street and with preventing some officers from going to prison after being wrongly accused of criminally using deadly force. Vendor: Force Science Institute Training Category: Street Survival Name of Facility: Arapahie CSO Class Location: Littleton , CO Hosting Agency: Arapahoe County Sheriffs Office Anticipated Number of Students: 100 Estimated length of class: 16.0 hour(s) L Expense Categories Requested Approved $1,000.00 $1,000.00 Refreshments $15,500.00 $15,500.00 Instructor Costs $16,500.00 $16,500.00 Total Exhibit B-21 Training 28-Critical Response for Supervisors SV0043 Class Date: From 9/4/2017 to 9/8/2017 Description: Patrol Supervisors response to critical incidents. This course filled very quickly again this year as a favorite for departments to get patrol supervisors very good training in two days Vendor: National Tactical Officers Association 1 Training Category: Supervision Name of Facility: Adams CSO Class Location: Brighton , CO Hosting Agency: Adams County Sheriffs Office Anticipated Number of Students: 23 Estimated length of class: 16.0 hour(s) Expense Categories Requested Approved $230.00 $230.00 Refreshments $4,700.00 $4,700.00 Instructor Costs $4,930.00 $4,930.00 Total Training 29-Critical Response for Supervisors SV0043 Class Date: From 5/21/2018 to 5/25/2018 Description: Patrol Supervisors response to critical incidents. This course filled very quickly again this year as a favorite for departments to get patrol supervisors very good training in two days Vendor National Tactical Officers Association Training Category: Supervision Name of Facility: Lakewood PD Class Location: Lakewood , CO Hosting Agency: Lakewood Police Department Anticipated Number of Students: 23 Estimated length of class: 16.0 hour(s) Expense Categories Requested Approved $230.00 $230.00 $4,700.00 $4,700.00 $4,930.00 $4,930.00 Exhibit B-22 Refreshments Instructor Costs Total Training 30-Supervisory Leadership Institute SV0041 Class Date: From 9/25/2017 to 9/28/2017 Description: The FBI-LEEDA Supervisor Leadership Institute is a cutting edge 4 1/2-day program built especially for first-line supervisors and middle managers with the goal of enhancing their leadership Expense Categories • competencies. The Supervisor Leadership Institute faculty members are senior law enforcement leaders who are committed to passing on their lessons learned. Attendees will be engaged in personality diagnostics, leadership case studies, mentoring, developing your people, performance management. risk management and credibility. This institute is student-centered and rich in facilitated dialogue and group work. Vendor: FBJ LEEDA Training Category: Supervision Name of Facility: Broomfield PD Class Location: Broomfield , CO Hosting Agency: Broomfield Police Department Anticipated Number of Students: 30 Estimated length of class: 36.0 hour(s) Requested $525.00 $11,000 .00 $11,525.00 Exhibit B-23 Approved $525.00 $11,000.00 $11,525.00 Refreshments Instructor Costs Total Training 31-Command Leadership Institute SV0042 Class Date: From 12/4/2017 to 12/7/2017 Description: The FBl·LEEDA Command Leadeership Institute is a dynamic, intensive and challenging 4 1/2-day program specifically and uniquely designed to prepare law enforcement leade for command level positions. The Command Leadership lnsmute's focus is to provide real life contemporary, best-practice strategies and techniques for those aspiring to command level assignments. Command Institute faculty members are passionate instructors who have executive level law enforcement and teadership experience. Command Leadership Institute students will be engaged in such topics as credibility, command discipline and liability, dealing with problem employees, and leading change within an organization. The Command Leadership Institute is student-centered with a high degree of student involvement. Vendor: FBI LEEDA Training Category: Supervision Name of Facllity: Lakewood PD Class Location: Lakewood , CO Hosting Agency: Lakewood Police Department Anticipated Number of Students: 30 Estimated length of class: 36.0 hour(s) Expense Categories Requested $525.00 $11,000.00 $11,525.00 Approved $525.00 Refreshments $11,000.00 Instructor Costs $11,525.00 Total Training 32-Executive Leadership Institute SV0014 Class Date: From 2/5/2018 to 2/8/2018 Description: This innovative program is designed for executive level law enforcement leaders and focuses on the emerging challenges facing our profession. This highly-interactive program follows the FBl-LEEDA "Cops Talking to Cops" model of professional development. The seminar uses a wide range of source material and calls upon participants' own professional experiences to facilitate individual development and learning. Vendor: FBI LEEDA Training Category: Other Name of Facility: Lonetree PD* Class Location: Lonetree , CO Hosting Agency: Lone Tree Police Department Anticipated Number of Students: 30 Estimated length of class: 36.0 hour(s) Expense Categories Requested Approved $525.00 $525.00 Refreshments $11,000.00 $11,000.00 Instructor Costs $11,525.00 $11,525.00 Total Exhibit B-24 Training 33-IPMBA-Police Cyclist OT0043 Class Date: From 5/21/2018 to 5/24/201 B Description: Topics covered: A Brief History of Public Safety Cycling, Basic Nutrition, Basic Physical Fitness, Bicycle Maintenance and Repairs, Bicycle Safety Education for Children, Bicycles Clothing and Personal Protective Equipment, Cycling at Night, Firearms Training, Fundamental Cycling Skills and Vehicular Cycling, Hazards and Crashes, On-Bike Equipment, Patrol Equipment, Patrol Procedures and Tactics, The Bicycle Response Team, Armed Felon-Possible Foot Pursuit, Burglary-in-Progress, Emotionally Disturbed Person, Terry Stop of Suspicious Person (Non-Arrest), and Traffic Stop (Moving Violation). Vendor: International Police Mountain Bike Association (IPMBA) Training Category: Bike Training Name of Facility: Westminster PD Class Location: Westminster , CO Hosting Agency: Westminster Police Department Anticipated Number of Students: 24 Estimated length of class: 32.0 hour(s) Expense Categories Requested Approved $480.00 $480.00 Refreshments $3,800.00 $3,800.00 Instructor Costs $4,280.00 $4,280.00 Total Exhibit B-25 Training 34-IPMBA-Police Cyclist OT0043 Class Date: From 5/28/2018 to 5/31/2018 Description: Topics covered: A Brief History of Public Safety Cycling, Basic Nutrition, Basic Physical Fitness, Bicycle Maintenance and Repairs, Bicycle Safety Education for Children, Bicycles Clothing and Personal Protective Equipment, Cycling at Night, Firearms Training, Fundamental Cycling Skills and Vehicular Cycling, Hazards and Crashes. On-Bike Equipment, Patrol Equipment, Patrol Procedures and Tactics, The Bicycle Response Team, Armed Felon-Possible Foot Pursuit, Burglary-in-Progress, Emotionally Disturbed Person, Terry Stop of Suspicious Person (Non-Arrest), and Traffic Stop (Moving Violation). Vendor: International Police Mountain Bike Association (IPMBA) Training Category: Bike Training Name of Facility: Aurora PD Class Location: Aurora , CO Hosting Agency: Aurora Police Department Anticipated Number of Students: 24 Estimated length of class: 32.0 hour(s) Training 35-New Detective Academy IV0031 Class Date: From 4/23/2018 to 4/27/2018 Description: Jefferson County DA's Office hosts and trains new detectives on the proper ways to investigate and file a case with the District Attorneys office Vendor: Jeffco DA's Office Training Category: Basic Detective School Name of Facility: Jefferson CSO Class Location: Golden, CO Hosting Agency: Jefferson County Sheriffs Office Anticipated Number of Students: 35 Estimated length of class: 40.0 hour(s) Expense Categories Requested $480.00 $3,800.00 $4,280.00 Approved $480.00 Refreshments $3,800.00 Instructor Costs $4,280.00 Total Expense Categories Requested Approved $875.00 $875.00 Refreshments $3,500.00 $3,500.00 Instructor Costs $4,375.00 $4,375.00 Total Exhibit B-26 Training 36-Single Officer Response SS0003 Class Date: From 8/17/2017 to 8/18/2017 Description: The Single Officer Response to an Active Shooter program has been developed to provide officers options to either interdict or interrupt an active shooter. It is a Colorado POST certified course and it is a required portion of the Colorado POST School Resource Officer Curriculum. After successful completion of this course the student will be well versed in reading and manipulating the environment, understanding and gathering information, and employ effective tactics to save lives in an active shooter incident. The mindset and tactics taught in this course will give the student confidence that they can move to an active shooter quickly and safely and interdict through glass if necessary. This class includes classroom lecture, weapons retention, live range drills to include shooting through glass and force on force practicals. All principals and tactics are supported through force on force training. Vendor: Centuria Training & Consulting LLC. Training Category: Other Name of Facility: Arvada Class Location: Arvada , CO Hosting Agency: Arvada Police Department Anticipated Number of Students: 20 Estimated length of class: 16.0 hour(s) ~aining 37-Crime Scene Investigations I Class Date: From 3/5/2018 to 3/6/2018 I Description: This class will cover basic crime scene investigation and evidence preservation. Training Category: Crime Scene Investigation Name of Facility: Jefferson CSO Class Location: Golden, CO Hosting Agency: Jefferson County Sheriffs Office Anticipated Number of Students: 20 1 Estimated length of class: 16.0 hour(s) Expense Categories Requested Approved $200.00 $200.00 $10,000.00 $10,000.00 $10,200.00 $10,200.00 Expense Categories Requested Approved $500.00 $500.00 $200.00 $200.00 $1,200.00 $1,200.00 $1,900.00 $1,900.00 Exhibit B-27 -7 Refreshments Instructor Costs Total Training Supplies Refreshments Instructor Costs Total Training 38M What Child Sex Offenders Can Teach You Class Date: From 9/13/2017 to 9/14/2017 Description: Sex Offenders: What Investigators and Child Advocates Should Know Selection, Engagement and Seduction of Children and Adults by Child Molesters Protecting our Children: "Advice From Child Molesters" A Child Safety and Crime Prevention Program What Sex Offenders Can Teach Us About Interviewing Vendor: Cory Jewell Jensen Training Category: Other Name of Facility: Lakewood PD Class Location: Lakewood , CO Hosting Agency: Lakewood Police Department Anticipated Number of Students: 30 Estimated length of class: 16.0 hour(s) Expense Categories Requested Approved $300.00 $300.00 Refreshments $6,000.00 $6,000 .00 Instructor Costs $6,300.00 $6,300.00 Total Training 39M High in Plain Sight: Current Alcohol, Drug and Concealment Trends and Identifiers Class Date: From 4/16/2018 to 4/17/2018 Description: High in Plain Sight covers such topics as: Alcohol/drug clothing, signs and symptoms, Alcoholic energy drinks and alcopops, Non-traditional alcoholic beverages, Synthetic drugs (including opioids), Popular party drugs, E-cigarettes, Inhalants, Concentrates, OTC drugs, Alcohol/drug containers and concealment methods, Drug paraphernalia, Drug-related music and groups, New alcohol/drug-related technology, Youth party tendencies, Party games, Social networking sites. Vendor: Tall Cop Says Stop Training Category: Other Name of Facility: Lakewood Class Location: Lakewood , CO Hosting Agency: Lakewood Police Department Anticipated Number of Students: 100 l EsUmated length of class: 8.0 hour(s) Expense Categories Requested Approved $500.00 $500.00 Refreshments $2,800.00 $2,800.00 Instructor Costs $3,300.00 $3,300.00 Total Exhibit B-28 EQUIPMENT Equipment 1-GoToMeeting Software Description: GoToMeeting software to facilitate phone participation for meetings. Equipment Category: Miscellaneous Expense Categories Requested Approved $360.00 $360.00 Equipment 2-Driving Simulator Insurance, Tags & Warranty Description: Annual cost of Driving Simulator Insurance, Tags and warranty Equipment Category: Miscellaneous Equipment 3-Tl Simulator Insurance Description: Tl simulator warranty Equipment Category: Other Equipment 4-GMR Website Hosting Description: GMR web site hosting Equipment Category: Miscellaneous Expense Categories Requested Approved $9,500.00 $9,500.00 Expense Categories Requested Approved $1,200.00 $1,200.00 Expense Categories Requested Approved $175.00 $175.00 Exhibit B-29 SCHOLARSHIP Scholarship 1-General Scholarships Description: General scholarships for classes that are not hosted in region or are identified throughout the year. Expense Categories Requested Approved $40,813.00 $40,813.00 Tuition/Registration $40,813.00 $40,813.00 Total Exhibit B-30 EXHIBIT C -GRANT FUNDING CHANGE LETTER (OPTION LETTER) GRANT FUNDING CHANGE LETTER (GRANTEE NAME) Date: I Original Contract CMS I Grant Funding Change #: Letter# I CMS Routing# TO: Grantee Name: In accordance with Section 7 of the Original Contract between the State of Colorado, on behalf and through the Department of Law, and (Grantee Name) beginning (Effective Date) and ending on (Termination Date) the undersigned commits the following funds to the Grant: The amount of grant funds available and specified in Section 7 are increased $(Amount) to a new total funds available of$ (Amount) for law enforcement training. Amount Project Description Section 7. A is hereby modified accordingly. This Grant Funding Change Letter does not constitute an order for services under this Grant. The effective date of hereof is upon approval of the State Controller or (Date) whichever is later. STATE OF COLORADO John W. Hickenlooper, Governor by and through the DEPARTMENT OF LAW By: _____________ _ Melanie J. Snyder, Chief of Staff Date: ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-80-202 requires the State Controller to approve all State contracts. This Grant Funding Change Letter is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ___________ _ Melissa Moynham, Controller Date: ______ _ Exhib it C-1