Loading...
HomeMy WebLinkAbout2025-12-01 (Regular) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy - Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, December 1, 2025 ♦ 6:00 PM Council Dinner will be available at 5:30 p.m. The Regular Meeting will begin at 6:00 p.m. Recognitions as well as Public Comment will begin shortly after 7:00 p.m. To view the meeting, please follow this link to our YouTube live stream link: YouTube 1. Study Session Topic No Study Session Items 2. Call to Order 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of November 17, 2025. 5a documents b. Minutes of the Special City Council Meeting of November 24, 2025. 5b documents 6. Appointments, Communications and Proclamations a. Council Reception in the Atrium b. City Council Recognition and Swearing In The Mayor will ask the City Clerk to announce the status of the election. City Council will make a determination of the election and qualifications of its membership. Comments and recognition of families and/or guests by the departing members of City Council. The newly-elected/re-elected City Council Members will be sworn in by the Judge. Members of City Council are seated (in temporary spaces) and the Mayor asks the City Clerk to call the roll of City Council Members. The Mayor will then declare whether a quorum is present. The new Mayor assumes the Chair and calls for nominations for Mayor Pro Tem. Page 1 of 319 Englewood City Council Regular Agenda December 1, 2025 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. Permanent seating assignments are selected by seniority. Recognition of families and/or guests of the newly-elected/re-elected Members of City Council. 7. Recognitions a. Introduction of Yung Hong, Facilities Manager b. Student Art Calendar Finalist 8. Recognition of Public Comment Public Comment will begin shortly after 7:00 pm, this is an opportunity to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Englewood residents must provide your address or cross streets. Non-Englewood residents must provide the name of your city. If you have addressed Council in the last 90 days you will be moved to the bottom of the list. Written materials may be submitted to the City Clerk in advance or at the meeting. Audio/visual materials must be submitted to the City Clerk by 5pm on the Thursday prior to the meeting. Public Comment will be limited to 90 minutes total. If you'd like to speak virtually, please reach out to the City Clerk's office for a link, the deadline is Wednesday prior to the meeting by 5pm. You may also sign up in person immediately prior to the start of the Regular Meeting. Citizens may also submit written public comments to the City Clerk's Office until 12 p.m. the day after the meeting. If you have any questions, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303-762-2430. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB 49 - Acceptance of State grant from Victims of Crime Act through the Colorado Division of Criminal Justice in the amount of $40,873.00 9ai documents Staff: Chief of Police Dave Jackson ii. CB 64 - South Platte Renew CDPHE PFAS Grant - Intergovernmental Agreement 9aii documents Staff: Director of South Platte Renew and Utilities Pieter Van Ry and Deputy Page 2 of 319 Englewood City Council Regular Agenda December 1, 2025 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. Director of Environmental Programs Blair Corning iii. CB 65 - South Platte Renew Farm Lease Renewal Agreements 9aiii documents Staff: Director of South Platte Renew and Utilities Pieter Van Ry and Deputy Director Blair Corning b. Approval of Ordinances on Second Reading. c. Resolutions and Motions i. Resolution - Opting out of duplicative state Electric Vehicle charging permit process 9ci documents Staff: Assistant City Attorney Jaxon Higgins 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Motion - Contract approval between the City of Englewood and Axon Enterprise Inc. not to exceed amount of $1,803,516 11cii documents Staff: Chief of Police Dave Jackson 12. General Discussion a. Mayor's Choice i. District 1 Vacancy interview process. ii. Rangeview/Pure Cycle/State Land Board litigation settlement. b. Council Members' Choice 13. City Manager’s Report 14. Adjournment Page 3 of 319 MINUTES City Council Regular Meeting Monday, November 17, 2025 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Communications Strategist Amanda Arnce presented the results from the South Broadway Revitalization Branding Survey. The meeting recessed at 6:12 p.m. for a break. The meeting reconvened at 7:00 p.m. with five Council Members present. Member Nunnenkamp and Member Wright were absent. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:00 p.m. 3 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Joe Anderson Council Member Steve Ward Council Member Rita Russell Council Member Tena Prange COUNCIL ABSENT: Council Member Chelsea Nunnenkamp Council Member Kim Wright STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Senior Deputy City Clerk McKinnon Deputy City Manager Dodd Chief of Police Dave Jackson Director of Finance Engels Director of Community Development Power Page 1 of 9 Draft Page 4 of 319 City Council Regular November 17, 2025 Director of Communications Harguth Director of Public Works Rachael Director of Human Resources Weiske Risk and Safety Administrator Gould, City Attorney Fire Inspector Petau, Police Department Neighborhood Engagement Program Manager Hinkfuss, Communications Communications Strategist Arnce, Communications Benefits Experience Partner Kinnerman, Human Resources Intern Zadkovic, City Manager's Office Audio Visual Engineer Hessling, Information Technology Office Contos, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of November 3, 2025. Moved by Council Member Joe Anderson Seconded by Council Member Tena Prange APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 3, 2025. For Against Abstained Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange (Seconded By) x Steve Ward x 5 0 0 Motion CARRIED. 6 Recognitions a) City Council recognized Erika Gould for the Safety Award. 7 Appointments, Communications and Proclamations There were no Communications, Proclamations, or Appointments. 8 Recognition of Public Comment a) Chelsea Anderson, an Englewood resident, addressed Council. b) Laura Cooper, Englewood resident, addressed Council. c) Luis Johnson addressed Council. d) Chris Duis, Englewood resident, addressed Council. Page 2 of 9 Draft Page 5 of 319 City Council Regular November 17, 2025 e) Noah Kaplan, Englewood resident, addressed Council. f) Regan Benson addressed Council. The meeting recessed at 7:22 p.m. due to a disruption. The meeting reconvened at 7:26 p.m. with five Council Members present. Member Nunnenkamp and Member Wright were absent. g) Sandy Kettelhut, Englewood resident, addressed Council. h) Jan Weipert, Englewood resident, addressed Council. i) Candice Rutledge addressed Council. j) Rebecca Kramer, Englewood resident, addressed Council. k) Jan McCoy, an Englewood resident, addressed Council. l) Gary Kozacek, an Englewood resident, addressed Council. Council Member Sierra responded to Public Comment. 9 Consent Agenda Items a) Approval of Ordinances on First Reading There were no Ordinances on First Reading. b) Approval of Ordinances on Second Reading. i) CB 63 - Amendment to grant with the State of Colorado for Mental Health Co-Responders Moved by Council Member Joe Anderson Seconded by Council Member Tena Prange ORDINANCE NO. 59, SERIES OF 2025 (COUNCIL BILL NO. 63, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE STATE OF COLORADO GRANT AGREEMENT (CONTRACT NO. 26 IBEH 198171) BETWEEN THE COLORADO DEPARTMENT OF HUMAN SERVICES, BEHAVIORAL HEALTH ADMINISTRATION, AND THE CITY OF ENGLEWOOD FOR THE BENEFIT AND USE OF THE ENGLEWOOD POLICE DEPARTMENT. For Against Abstained Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange (Seconded By) x Page 3 of 9 Draft Page 6 of 319 City Council Regular November 17, 2025 Steve Ward x 5 0 0 Motion CARRIED. c) Resolutions and Motions There were no additional Resolutions or Motions (See Agenda Items 11 (c)(i- iii)). 10 Public Hearing Items There were no public hearings scheduled. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no Ordinances on First Reading. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading (See Agenda Item 9(b)(i)). c) Resolutions and Motions i) Resolution - 2026 Rate and Fee Schedule Update Moved by Council Member Joe Anderson Seconded by Council Member Steve Ward Motion to approve agenda item 11(c)(i) Moved by Council Member Steve Ward Seconded by Council Member Rita Russell Motion to amend item 11(c)(i) by setting the administrative fee to zero. For Against Abstained Rita Russell (Seconded By) x Othoniel Sierra x Joe Anderson x Tena Prange x Steve Ward (Moved By) x 5 0 0 Page 4 of 9 Draft Page 7 of 319 City Council Regular November 17, 2025 Motion CARRIED. Moved by Council Member Joe Anderson Seconded by Council Member Steve Ward RESOLUTION NO. 15, SERIES OF 2025 A RESOLUTION ADOPTING THE 2026 FEE AND UTILITY RATE SCHEDULE FOR THE CITY OF ENGLEWOOD, COLORADO. AS AMENDED For Against Abstained Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) Tena Prange x Steve Ward (Seconded By) x 4 0 0 Motion CARRIED. ii) Resolution - 2025 Budget Supplemental #3 Moved by Council Member Joe Anderson Seconded by Council Member Tena Prange RESOLUTION NO.16, SERIES OF 2025 A BUDGET SUPPLEMENTAL RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE 2025 BUDGET OF THE CITY OF ENGLEWOOD. AS AMENDED For Against Abstained Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange (Seconded By) x Steve Ward x 4 1 0 Motion CARRIED. iii) City Manager Intern, Colton Zadkovic, provided Council with an update on the 2025 Strategic Plan Quarter 3. Moved by Council Member Tena Prange Page 5 of 9 Draft Page 8 of 319 City Council Regular November 17, 2025 Seconded by Council Member Joe Anderson Approval of updates on the Strategic Plan projects with a Quarter 3 delivery date. For Against Abstained Rita Russell x Othoniel Sierra x Joe Anderson (Seconded By) x Tena Prange (Moved By) x Steve Ward x 5 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice i) Discussion and Direction to Staff Regarding Old Hire Pension Cost of Living Adjustment. The meeting recessed at 9:09 p.m. for a break. The meeting reconvened at 9:15 p.m. with five Council Members present. Member Nunnenkamp and Member Wright were absent. ii) Executive Session for Purposes of Obtaining Legal Advice on a Specific Legal Issue regarding an Employment Investigation Requested by Council on November 3, 2025 Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson MOTION TO MOVE INTO AN EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON A SPECIFIC LEGAL ISSUE REGARDING AN EMPLOYMENT INVESTIGATION RQUESTED BY COUNCIL ON NOVEMBER 3, 2025, UNDER C.R.S. Section 24-6- 402(4)(b). For Against Abstained Rita Russell x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Tena Prange x Steve Ward x 4 0 1 Page 6 of 9 Draft Page 9 of 319 City Council Regular November 17, 2025 Motion CARRIED. Council Member Russell did not attend the Executive Session. The meeting recessed at 9:17 p.m. to go into Executive Session. The meeting reconvened at 10:06 p.m. with five Council Members present. Mayor Sierra recited the following statement: For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. None stated Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson MOTION TO CLOSE THE EXECUTIVE SESSION For Against Abstained Rita Russell x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Tena Prange x Steve Ward x 4 0 1 Motion CARRIED. Moved by Council Member Tena Prange Seconded by Council Member Rita Russell Motion to waive attorney client privilege and designate the investigative report as a public record. For Against Abstained Rita Russell (Seconded By) x Othoniel Sierra x Joe Anderson x Tena Prange (Moved By) x Steve Ward x 5 0 0 Page 7 of 9 Draft Page 10 of 319 City Council Regular November 17, 2025 Motion CARRIED. iii) Potential Executive Session for Personnel Matters regarding the City Manager regarding an Employment Investigation Requested by Council on November 3, 2025 Moved by Council Member Othoniel Sierra Seconded by Council Member Steve Ward MOTION TO MOVE INTO AN EXECUTIVE SESSION FOR THE PURPOSE OF PERSONNEL MATTERS REGARDING THE CITY MANAGER REGARDING AN EMPLOYMENT INVESTIGATION REQUESTED BY COUNCIL ON NOVEMBER 3, 2025, UNDER CRS 24- 6-402(4(f)(I). For Against Abstained Rita Russell x Othoniel Sierra (Moved By) x Joe Anderson x Tena Prange x Steve Ward (Seconded By) x 4 1 0 Motion CARRIED. Council Member Russell requested permission to excuse herself from the remainder of the meeting. Discussion ensued regarding the lack of quorum if Council Member Russell is not in attendance. Mayor Sierra withdrew his motion to go into Executive Session. Mayor Sierra announced that Monday, November 24 at 6:00 p.m. will be a Special Council Meeting in Council Chambers for an Executive Session for the purpose of a personnel matter regarding an employment investigation requested by Council under CRS 24-6-402(4(f)(I). b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 10:24 p.m. Page 8 of 9 Draft Page 11 of 319 City Council Regular November 17, 2025 City Clerk Page 9 of 9 Draft Page 12 of 319 MINUTES City Council Special Meeting Monday, November 24, 2025 1000 Englewood Pkwy – Council Chambers 6:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 6:00 p.m. 2 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra 3 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Joe Anderson Council Member Chelsea Nunnenkamp Council Member Tena Prange Council Member Rita Russell Council Member Steven Ward Council Member Kim Wright COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis Deputy City Manager Dodd Deputy City Attorney McDermott Deputy City Clerk Prado Deputy City Manager Dodd Chief of Police Jackson Director of Community Development Power Director of Public Works Rachael City Clerk Carlile Director of IT Isenbart Director of Parks Recreation Library and Golf Underhill Senior Deputy City Clerk McKinnon Manager of Open Space Torres, Parks, Recreation, Library, and Golf Recreation Manager Baum, Parks, Recreation, Library, and Golf Project Manager Olberding, Parks, Recreation, Library, and Golf Executive Assistant II Severa, Parks, Recreation, Library, and Golf Executive Assistant Graeve, City Manager's Office Department Administrator Fenton, Community Development Page 1 of 4 Draft Page 13 of 319 City Council Special Meeting November 24, 2025 Procurement Specialist Watts, Finance Assistant City Clerk Jamieson, City Clerk's Office Audio Visual Engineer Hessling, Information Technology Sr. Systems Administrator Rule. Information Technology Police Officer Saari 4 Executive Session a) Executive Session in the Community Conference Room for Personnel Matters regarding the City Manager regarding an Employment Investigation Requested by Council on November 3, 2025. Moved by Council Member Othoniel Sierra Seconded by Council Member Steve Ward MOTION TO MOVE INTO AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING A PERSONNEL MATTER REGARDING THE CITY MANAGER, WHO WAS PREVIOUSLY INFORMED OF THE MEETING, SPECIFICALLY RELATED TO AN EMPLOYMENT INVESTIGATION REQUESTED BY COUNCIL ON NOVEMBER 3, 2025, PURSUANT TO C.R.S. § 24-6-402(4)(F)(I). NO FORMAL ACTION WILL BE TAKEN IN EXECUTIVE SESSION. For Against Abstained Rita Russell x Tena Prange x Steve Ward (Seconded By) x Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Kim Wright x 7 0 0 Motion CARRIED. The meeting recessed at 6:07 p.m. to go into Executive Session. The meeting reconvened at 8:43 p.m. with seven Council Members present. Mayor Sierra recited the following statement: For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. Page 2 of 4 Draft Page 14 of 319 City Council Special Meeting November 24, 2025 None stated. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson MOTION TO CLOSE THE EXECUTIVE SESSION. For Against Abstained Rita Russell x Tena Prange x Steve Ward x Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Kim Wright x 7 0 0 Motion CARRIED. Moved by Council Member Othoniel Sierra Seconded by Council Member Steve Ward Motion for a written notice of corrective action to be placed in the file of Shawn Lewis to include one week of administrative leave and to create a contract modification to the City Manager employment contract that aligns with employment contracts of other City Council appointed officials. For Against Abstained Rita Russell x Tena Prange x Steve Ward (Seconded By) x Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Kim Wright x 7 0 0 Motion CARRIED. 5 Council Member’s Choice 6 City Manager’s Choice 7 Adjournment The meeting adjourned at 8:56 p.m. Page 3 of 4 Draft Page 15 of 319 City Council Special Meeting November 24, 2025 Deputy City Clerk Page 4 of 4 Draft Page 16 of 319 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Jackson DEPARTMENT: Police DATE: December 1, 2025 SUBJECT: CB 49 - Acceptance of State grant from Victim's of Crime Act through the Colorado Division of Criminal Justice in the amount of $40,873.00 DESCRIPTION: The Police department has been awarded a grant in the amount of $40,873 for Victim's Services through the State of Colorado, Division of Criminal Justice. We are asking permission to accept the grant. RECOMMENDATION: Staff recommends passage of this ordinance as written. PREVIOUS COUNCIL ACTION: Englewood City Council authorized the Police Department to apply for funding under the CVS Grants Program to be used for funding a part time Victim Advocate by the passage of Resolution No. 13, Series of 2018. The Grant was also presented to Council for the 2021/2022 Cycle Under Council Bill 42 and again for 2025 under Council Bill 63 SUMMARY: The Police Department has applied for and received funds from the Division of Criminal Justice and the Victims of Crime Act (VOCA) for a Part-Time Victim Advocate since 2018. Englewood Victim Assistance provides direct services to victims of crime. Advocates implement Rights afforded to crime victims pursuant to section 24-4.1-302.5. of the Colorado Revised Statutes, provide crisis intervention to victims on scene or over the phone as well as provide information on the Rights under the Victim Rights Act. Advocates provide services to help victims recover from the crime through support, information on Victim Compensation, connection to resources, information on the criminal justice process, and assuring safety of the victim. Advocates respond to crimes that fall under the Victim Rights Act and assist with felonious crimes, sexual assault, domestic violence, crimes against children, vehicular assaults or homicides, and other incidents that would result in trauma. The project funds a Part -Time Advocate who works the majority of the time on swing-shift. The current role is split by two people who each work 15 hours per week. Calls for service increase on Friday and Saturday during our swing-shift and the Advocates work these hours as well as a partial week day in order to make referrals to community agencies and provide follow-up assistance to victims. Providing professional advocacy during nights and weekends alleviates the need for as many volunteers and provides continuity of care for victims. It also allows for in- person rapport building with victims of crime, which leads to better understanding of the criminal Page 17 of 319 justice process, Victim Rights, supports available to victims of crime, and a deeper participation in the recovery process. The Department also applied for funding for a volunteer stipend this year in order to retain and recruit volunteers to cover after hours. ANALYSIS: Over the past several years, Victim Assistance has experienced a decline in our volunteer force and an increased call load. The decline in volunteer force is occurring Statewide and started with the COVID pandemic. Due to these factors, we require more staffing to meet the need of the community and to remain compliant with the Victim Rights Act. The acceptance of the VOCA Grant would allow the Police Department to maintain a part-time Advocate and volunteers to meet the needs of the community. The part-time Advocate would work some nights and weekends to provide professional and compassionate Advocacy in the place of some volunteer hours. Since the beginning of acceptance of these funds, the Part Time position has assisted 1,113 victims of crime and traumatic events in our community. The majority of these contacts are on-scene responses due to the Advocate riding in the car with the Patrol Officer. This type of response is possible because of the Grant funding. COUNCIL ACTION REQUESTED: Staff recommends Council approve this ordinance to accept the grant. FINANCIAL IMPLICATIONS: The City would receive funding in the amount of $40,873.00 for the year of 2026.  $35,443.00 for a Part-Time Advocate  $3,900.00 for a volunteer stipend  $1,530.00 for conference registration and lodging The City would be responsible for $8,861.00 in salary for 2026. This is a unique funding cycle as the Grant is typically a two year cycle, but VOCA initiated a one year cycle in 2025 due to the uncertainty of Federal Funds. This has extended to another one year cycle for 2026. The Police Department has applied for and received funding from the VOCA Grant since 2018: 2019/2020 cycle we received $50,850.00 and provided an in-kind volunteer match in the equivalent of $12,713.00 2021/2022 cycle we received $50,270.00 with no match required due to COVID. 2023/2024 cycle we received $63,068.00 with no match required. 2025 cycle we received $23,020.00 with a cash match of $5,933.00 CONNECTION TO STRATEGIC PLAN: This grant directly applies to one of the metrics in the Strategic plan regarding the number of crime victims contacted within 2 days of the event. OUTREACH/COMMUNICATIONS: N/A Page 18 of 319 ATTACHMENTS: VOCA Grant application VOCA Grant budget application Ordinance Page 19 of 319 1 ORDINANCE COUNCIL BILL NO. 49 NO. __ INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER _________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE COLORADO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE FOR AN INTERGOVERNMENTAL GRANT AGREEMENT FOR FUNDING OF A PART-TIME VICTIM ADVOCATE AND VOLUNTEER STIPEND. WHEREAS, the Englewood City Council previously authorized the Police Department to apply for funding under the Crime Victim Services (CVS) Grants Program for a part-time Victim Advocate by passage of Ordinance No. 34, Series of 2018; and WHEREAS, the City Council has further approved subsequent grant cycles, including Ordinance No. 1, Series of 2025; and WHEREAS, the Police Department has again applied for and received an award of $40,873.00 in grant funding from the Colorado Department of Public Safety, Division of Criminal Justice, under the Victims of Crime Act (VOCA) for the year 2026; and WHEREAS, Englewood Victim Assistance provides critical direct services to victims of crime, implements the rights afforded to victims under C.R.S. § 24-4.1-302.5, and ensures compliance with the Colorado Victim Rights Act; and WHEREAS, the passage of this Ordinance will authorize the City of Englewood to enter into an Intergovernmental Grant Agreement with the Colorado Department of Public Safety for VOCA funding in the amount of $40,873.00; and WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution, and Part 2, Article 1, Title 29, C.R.S., encourage and authorize intergovernmental agreements; and WHEREAS, C.R.S. §§ 29-1-203 and 29-1-203.5 specifically authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, acceptance of the VOCA grant funds will support the continued provision of professional, compassionate victim advocacy services, including crisis response during nights and weekends, volunteer retention, and training necessary to ensure continuity of service to the Englewood community; and WHEREAS, the City of Englewood desires to accept the grant award and appropriate the funds in accordance with the terms of the Intergovernmental Grant Agreement. Page 20 of 319 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of an Intergovernmental Agreement with the Colorado Department of Public Safety, Division of Criminal Justice for an Intergovernmental Grant Agreement, a copy of which is on file with the City Clerk, in the form substantially the same as that attached hereto. Section 2. General Provisions The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be by reference or in full in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Page 21 of 319 3 Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance, and has the authority to correct formatting and/or typographical errors. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Page 22 of 319 Please wait... If this message is not eventually replaced by the proper contents of the document, your PDF viewer may not be able to display this type of document. You can upgrade to the latest version of Adobe Reader for Windows®, Mac, or Linux® by visiting http://www.adobe.com/go/reader_download. For more assistance with Adobe Reader visit http://www.adobe.com/go/acrreader. Windows is either a registered trademark or a trademark of Microsoft Corporation in the United States and/or other countries. Mac is a trademark of Apple Inc., registered in the United States and other countries. Linux is the registered trademark of Linus Torvalds in the U.S. and other countries. Page 23 of 319 Please wait... If this message is not eventually replaced by the proper contents of the document, your PDF viewer may not be able to display this type of document. You can upgrade to the latest version of Adobe Reader for Windows®, Mac, or Linux® by visiting http://www.adobe.com/go/reader_download. For more assistance with Adobe Reader visit http://www.adobe.com/go/acrreader. Windows is either a registered trademark or a trademark of Microsoft Corporation in the United States and/or other countries. Mac is a trademark of Apple Inc., registered in the United States and other countries. Linux is the registered trademark of Linus Torvalds in the U.S. and other countries. Page 24 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 Grant Award Letter Intergovernmental Grant Agreement Cover Page State Agency Department of Public Safety, Division of Criminal Justice Grantee City of Englewood Grantee UEI M9SHLFLLK295 Is this Award for Research and Development (R&D)? No Grant Amount 15POVC-23-GG-00390-ASSI $22,072.00 15POVC-24-GG-00615-ASSI $18,802.00 Total for All Federal Funds $40,874.00 Grant Number 2025-VA-26-828-18 Grant Issuance Date January 1, 2026 Grant Expiration Date December 31, 2026 Fund Expenditure End Date December 31, 2026 Grantee Match Amount Required 15POVC-23-GG-00390-ASSI $0.00 15POVC-24-GG-00615-ASSI $0.00 Total for All Federal Funds $0.00 Agreement Authority – The Division of Criminal Justice is authorized to disburse these funds by Colorado Revised Statute 24-33.503 and 507. Project Summary This project provides law enforcement advocacy services to victims of crime in the city of Englewood. Grant Purpose This Grantee was selected by the Crime Victim Services Advisory Board. The federal Victims of Crime Act (VOCA) Program allows agencies to support activities that provide a broad range of direct services to victims of crime. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Agreement: 1. Exhibit A, Sample Option Letter 2. Exhibit B, Grant Requirements 3. Exhibit C, Special Conditions 4. Exhibit D, Statement of Work 5. Exhibit E, Budget 6. Exhibit F, Federal Provisions Page 1 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 25 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 In the event of a conflict of inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Exhibit F, Federal Provisions 2. Exhibit C, Special Conditions 3. Colorado Special Provisions in §18 of the main body of this Agreement. 4. The provisions of the other sections of the main body of this Agreement. 5. Exhibit B, Grant Requirements 6. Exhibit D, Statement of Work 7. Exhibit E, Budget Principal Representatives For the State: Matthew M. Lunn, PhD, Director Division of Criminal Justice Department of Public Safety 700 Kipling Street, Suite 1000 Denver, Colorado 80215-5897 Matthew.Lunn@state.co.us For Grantee: Othoniel Sierra, Mayor Englewood Police Department 3615 South Elati Street Englewood, CO 80110 osierra@englewoodco.gov Federal Award(s) Applicable to This Grant Award Federal Award Office U.S. Department of Justice (US DOJ), Office of Justice Programs (OJP) Federal Grant Program Name Victims of Crime Act (VOCA) Federal Assistance Listing # 16.575-Crime Victim Assistance Federal Funding Source 1 Federal Award Number: 15POVC-23-GG-00390-ASSI Federal Award Date: August 23, 2023 Federal Statutory Authority: 34 U.S.C. 20103(a) Total Amount of Federal Award (this is not the amount of this grant agreement): $23,436,628.00 Federal Funding Source 2 Federal Award Number: 15POVC-24-GG-00615-ASSI Federal Award Date: September 5, 2024 Federal Statutory Authority: 34 U.S.C. 20103(a) Total Amount of Federal Award (this is not the amount of this grant agreement): $13,559,953.00 Page 2 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 26 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 Signature Page The Signatories Listed Below Authorize this Grant Grantee City of Englewood, Police Department _______________________________________ By: Othoniel Sierra, Mayor Date: _______________________ State of Colorado Jared S. Polis, Governor Department of Public Safety Stan Hilkey, Executive Director _______________________________________ By: Matthew M. Lunn, PhD, Director, Division of Criminal Justice Date: _______________________ In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. State Controller Robert Jaros, CPA, MBA, JD _______________________________________ By: Lyndsay J. Clelland, Grant Coordinator, Division of Criminal Justice Date______________________ Page 3 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 27 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 Table of Contents Cover Page 1 Federal Award(s) Applicable to This Grant Award 2 Signature Page 3 Table of Contents 4 1. Grant 5 2. Term 5 3. Definitions 5 4. Statement of Work 9 5. Payments to Grantee 9 6. Reporting - Notification 10 7. Grantee Records 10 8. Confidential Information-State Records 11 9. Conflict of Interest 13 10. Insurance 13 11. Breach of Agreement 13 12. Remedies 14 13. Dispute Resolution 16 14. Notices and Representatives 16 15. Rights in Work Product and Other Information 16 16. Governmental Immunity 16 17. General Provisions 16 18. Colorado Special Provisions (Colorado Fiscal Rule 3-3) 19 Exhibit A - Sample Option Letter 21 Exhibit B - Grant Requirements 23 Exhibit C – Special Conditions 26 Exhibit D – Statement of Work 28 Exhibit E – Budget 29 Exhibit F – Federal Requirements 30 Page 4 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 28 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 1. Grant As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter (the “State”) hereby obligates and awards to Grantee shown on the first page of this Grant Award Letter (the “Grantee”) an award of Grant Funds in the amounts shown on the first page of this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award Letter. 2. Term A. Initial Grant Term and Extension The Parties’ respective performances under this Grant Award Letter shall commence on the Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Grant Award Letter. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award Letter by providing Grantee with an updated Grant Award Letter showing the new Grant Expiration Date, or issue a grant modification in accordance with §17.D. B. Early Termination in the Public Interest The State is entering into this Grant Award Letter to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award Letter ceases to further the public interest of the State or if State, Federal or other funds used for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or in part by providing written notice to Grantee that includes, to the extent practicable, the public interest justification for the termination. If the State terminates this Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Grant Award Letter that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. C. Grantee’s Termination Under Federal Requirements Grantee may request termination of this Grant by sending notice to the State, which includes the reasons for the termination and the effective date of the termination. If this Grant is terminated in this manner, then Grantee shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. 3. Definitions The following terms shall be construed and interpreted as follows: Page 5 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 29 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. B. “ Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach. D. “Budget” means the budget for the Work described in Exhibit E . E. “Business Day” means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S. F. “CJI” means criminal justice information collected by criminal justice agencies needed for the performance of their authorized functions, including, without limitation, all information defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended and all Criminal Justice Records as defined under §24-72-302 C.R.S. G. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et seq. , C.R.S. H. “Cost Sharing” means a portion of project costs not paid under this Subaward. This includes match which refers to required levels of cost share that must be provided (2 CFR 200.306) I. “Grant Award Letter” means this letter which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. J. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Grant Award Letter. K. “Grant Expiration Date” means the Grant Expiration Date shown on the first page of this Grant Award Letter. L. “Grant Issuance Date” means the Grant Issuance Date shown on the first page of this Grant Award Letter. Page 6 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 30 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 M. “Exhibits” exhibits and attachments included with this Grant as shown on the first page of this Grant N. “Extension Term” means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Grant Award Letter O. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. P. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. The Federal agency for this Agreement may be found in the Federal Award(s) Applicable to This Grant Award section of this Agreement, and is the Federal Awarding Agency for the Federal Award which is the subject of this Grant. Q. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Grant Award Letter and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. R. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. S. “Initial Term” means the time period between the Grant Issuance Date and the Grant Expiration Date. T. “Party” means the State or Grantee, and “Parties” means both the State and Grantee. U. “PCI” means payment card information including any data related to credit card holders’ names, credit card numbers, or the other credit card information as may be protected by state or federal law. V. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101 C.R.S. “PII” shall also mean “personal identifying information” as set forth at § 24-74-102, et. seq., C.R.S. W. “PHI” means any protected health information, including, without limitation any information whether oral or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health Page 7 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 31 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 care to an individual; and (ii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is not limited to, any information defined as Individually Identifiable Health Information by the federal Health Insurance Portability and Accountability Act. X. “Recipient” means the State Agency shown on the first page of this Grant Award Letter, for the purposes of the Federal Award. Y. “Serv ices” means the services to be performed by Grantee as set forth in this Grant Award Letter, and shall include any services to be rendered by Grantee in connection with the Goods. Z. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, PHI, PCI, Tax Information, CJI, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv) is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. AA. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. BB. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. CC. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. DD. “Sub-Award” means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to this Sub-Award unless the terms and conditions of the Federal Award specifically indicate otherwise. EE. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work. This establishes a procurement relationship. The subcontractor provides goods or services for the benefit of the purchaser. FF. “Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of the Work. This establishes a grant relationship. The beneficiary, not the purchaser, Page 8 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 32 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 receives benefit from the work. A subgrantee receiving federal grant funds is also called a subrecipient. There may be multiple tiers of subgrantees/subrecipients that do not include procurement transactions. GG. “Subrecipient” means an entity that receives a Sub-Award from a pass-through entity to carry out part of a Federal award., The term subrecipient does not a beneficiary or participant. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient. HH. “Tax Information” means Federal and State of Colorado tax information including, without limitation, Federal and State tax returns, return information, and such other tax-related information as may be protected by Federal and State law and regulation. Tax Information includes, but is not limited to all information defined as Federal tax information in Internal Revenue Service Publication 1075. II. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The terms and conditions of the Uniform Guidance flow down to the Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. JJ. “Work” means the delivery of the Goods and performance of the Services described in this Grant Award Letter. KK. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Grant Issuance Date that is used, without modification, in the performance of the Work. Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. Statement of Work Grantee shall complete the Work as described in this Grant Award Letter and in accordance with the provisions of Exhibit D . The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Grant Award Letter. 5. Payments to Grantee A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount shown on the first page of this Grant Award Letter. Financial obligations of the Page 9 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 33 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Grant Issuance Date or after the Grant Expiration Date; provided, however, that Work performed and expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active Federal Award may be submitted for reimbursement as permitted by the terms of the Federal Award. B. Federal Recovery The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below. C. Reimbursement of Grantee Costs Upon prior written approval, the State shall reimburse Grantee’s allowable costs, not exceeding the maximum total amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the Budget, except that Grantee may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Grantee provides notice to and written approval from the State in the form of a DCJ Form 4-A, the change does not modify the total maximum amount of this Grant Award Letter or the maximum amount for any state fiscal year, and the change does not modify any requirements of the Work. The State shall reimburse Grantee for the Federal share of properly documented allowable costs related to the Work after the State’s review and approval thereof, subject to the provisions of this Grant. The State shall only reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). D. Close-Out. Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Grant Award Letter and Grantee’s final reimbursement request or invoice. The State will withhold payment of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal Award within 1 year and 90 days after the Grant Expiration Date due to Grantee’s failure to submit required documentation, then Grantee may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. E. Matching Funds Grantee shall provide the Local Match Amount shown on the first page of this Grant Award Letter and described in Exhibit E , if applicable. Grantee’s obligation to pay all or part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purpose of this Agreement by the authorized representatives of Grantee. Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Grant Award Letter. Grantee does not by accepting this Page 10 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 34 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 Grant Award Letter irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant Award Letter is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s laws or policies. 6. Reporting - Notification A. Quarterly Reports In addition to any reports required pursuant to any Exhibit, for any Agreement having a term longer than three months, Grantee shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than five Business Days following the end of each calendar quarter or at such time as otherwise specified by the State B. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out described in §5.D , containing an evaluation and review of Grantee’s performance and the final status of Grantee’s obligations hereunder. C. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 7. Grantee Records A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee’s office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. If any litigation, claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by the State. A cognizant agency for audit, oversight or indirect costs, and the State, may notify Grantee in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. Page 11 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 35 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 B. Monitoring The State will monitor Grantee’s performance of its obligations under this Grant Award Letter using procedures as determined by the State. Grantee shall allow the State to perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Grantee. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. If Grantee enters into a subcontract or subgrant with an entity, then the subcontract or subgrant entered into by Grantee shall contain provisions permitting both Grantee and the State to perform all monitoring of that Subcontractor or Subgrantee in accordance with the Uniform Guidance, and other State procedure. C. Final Audit Report Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s records that relates to or affects this Grant or the Work, whether the audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform a single audit under 2 CFR 200.501, et seq. , then Grantee shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government. 8. Confidential Information-State Records A. Confidentiality Grantee shall hold and maintain, and cause all Subgrantees and Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publicly available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Grant Award Letter. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. If Grantee or any of its Subcontractors or Subgrantees will or may receive the following types of data, Grantee or its Subcontractors or Subgrantees shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement attached to this Grant, if applicable. Grantee shall immediately forward any request or demand for State Records to the State’s principal representative. Page 12 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 36 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns, Subgrantees and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns, Subgrantees and Subcontractors who require access to perform their obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees, assigns, Subgrantees and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign, Subgrantees or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. E. Safeguarding PII If Grantee or any of its Subgrantees or Subcontractors will or may receive PII under this Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq. , C.R.S. In addition, as set forth in § 24-74-102, et. seq., C.R.S., Grantee, including, but not limited to, Grantee’s employees, agents, Subgrantees and Subcontractors, agrees not to share any PII with any third parties for the purpose of investigating for, participating in, cooperating with, or assisting with Federal immigration enforcement. If Grantee is given direct access to any State databases containing PII, Grantee shall execute, on behalf of itself and its employees, Page 13 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 37 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 the certification as provided by the State on an annual basis Grantee’s duty and obligation to certify as set forth by the state and shall continue as long as Grantee has direct access to any State databases containing PII. If Grantee uses any Subgrantees or Subcontractors to perform services requiring direct access to State databases containing PII, the Grantee shall require such Subgrantees or Subcontractors to execute and deliver the certification to the State on an annual basis, so long as the Subgrantee or Subcontractor has access to State databases containing PII. 9. Conflict of Interest Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant. 10. Insurance Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that any Subgrantees and Subcontractors maintain all insurance customary for the completion of the Work done by that Subgrantees or Subcontractor and as required by the State or the GIA. 11. Breach of Agreement In the event of a breach of agreement, the aggrieved party shall give written notice of breach of agreement to the other party. If the notified party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice, the party may exercise any of the remedies as described in §12 for that party. Notwithstanding any provision of this agreement to the contrary, the state, in its discretion, need not provide notice or a cure period and may immediately terminate this agreement in whole or in part or institute any other remedy in this agreement in order to protect the public interest of the state; or if grantee is debarred or suspended under §24-109-105, C.R.S., the state, in its discretion, need not provide notice or cure period and may terminate this agreement in whole or in part or institute any other remedy in this agreement as of the date that the debarment or suspension takes effect. Page 14 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 38 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 12. Remedies A. State’s Remedies In addition to any remedies available under any exhibit to this grant agreement, if grantee is in breach under any provision of this agreement and fails to cure such breach, the state, following the notice and cure period set forth in §11 , shall have all of the remedies listed in this section in addition to all other remedies set forth in this agreement or at law. The state may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. i. Termination for Breach In the event of grantee’s uncured breach, the state may terminate this entire agreement or any part of this agreement. Additionally, if grantee fails to comply with any terms of the federal award, then the state may, in its discretion or at the direction of a federal awarding agency, terminate this entire agreement or any part of this agreement. Grantee shall continue performance of this agreement to the extent not terminated, if any. The State may also terminate this grant agreement at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. Page 15 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 39 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 a. Obligation and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Agreement’s terms. At the request of the State, Grantee shall assign to the State all of Grantee’s rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee but in which the State has an interest. At the State’s request, Grantee shall return materials owned by the State in Grantee’s possession at the time of any termination. Grantee shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State’s request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Grantee for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Grantee was not in breach or that Grantee’s action or inaction was excusable, such termination shall be treated as a termination in the public interest, and the rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under §2.B . c. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee shall remain liable to the State for any damages sustained by the State in connection with any breach by Grantee, and the State may withhold payment to Grantee for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due Grantee as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. ii. Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: Page 16 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 40 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 a. Suspend Performance Suspend Grantee’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Grantee to an adjustment in price or cost or an adjustment in the performance schedule. Grantee shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Grantee after the suspension of performance. b. Withhold Payment Withhold payment to Grantee until Grantee corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Grantee’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of grantee’s employees, agents, or subcontractors from the work whom the state deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this agreement is deemed by the state to be contrary to the public interest or the state’s best interest. e. Intellectual Property If any work infringes, or if the state in its sole discretion determines that any work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right, grantee shall, as approved by the state (i) secure that right to use such work for the state and grantee; (ii) replace the work with non-infringing work or modify the work so that it becomes non-infringing; or, (iii) remove any infringing work and refund the amount paid for such work to the state. f. Collection of Unallowable Costs (2 CFR 200.410) Payments made for costs determined to be unallowable by either the awarding Federal agency, cognizant agency for indirect costs, or pass-through entity must be refunded with interest to the Federal Government. Unless directed by Federal statue or regulation, repayments must be made in accordance with the instructions provided by the Federal agency or pass-through entity that made the allowability determination. See §§ 200.300 through 200.309, and § 200.346. B. Grantee’s Remedies If the State is in breach of any provision of this Agreement and does not cure such breach, Grantee, following the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available at law and equity. Page 17 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 41 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 13. Dispute Resolution Except as herein specifically provided otherwise or as required or permitted by federal regulations related to any Federal Award that provided any of the Grant Funds, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 14. Notices and Representatives Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §13. 15. Rights in Work Product and Other Information Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 16. Governmental Immunity Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Grant Award Letter shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. 17. General Provisions A. Assignment Grantee’s rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be subject to the provisions of this Grant Award Letter. B. Captions and References The captions and headings in this Grant Award Letter are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Grant Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, Page 18 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 42 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Grant Award Letter represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Grant Award Letter. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, shall conform to the policies issued by the Colorado State Controller. i. The State may, at the State’s discretion, use an Option Letter or Grant Funding Change letter substantially equivalent to Exhibit A, Sample Option Letter and the State Controller Grant Funding Change Letter to modify the grant agreement. If exercised, the provisions of the Option Letter or Grant Funding Change Letter shall become part of and be incorporated into the original grant. ii. The State may increase or decrease the quantity of goods/services described Exhibit D, Statement of Work and Exhibit E, Budget based upon the rates established in the Grant. If the State exercises the option, it will provide written notice to Grantee at least 15 days prior to the end of the current grant term in a form substantially equivalent to Exhibit A, Sample Option Letter. iii. The State may add or delete the goods/services described Exhibit D, Statement of Work and Exhibit E, Budget as long as the change does not change the overall scope of the approved grant. If the State exercises the option, it will provide written notice to Grantee at least 15 days prior to the end of the current grant term in a form substantially equivalent to Exhibit A, Sample Option Letter. iv. The State may, at the State’s discretion, issue an updated Exhibit D, Statement of Work and Exhibit E, Budget by Option Letter substantially equivalent to Exhibit A, Sample Option Letter to reflect changes that do not substantially change the intended purpose of the grant. The provisions of the Option Letter shall become part of and be incorporated into this Grant. E. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in Page 19 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 43 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Grant Award Letter by reference. G. Severability The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or enforceability of any other provision of this Grant Award Letter, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. H. Survival of Certain Grant Award Letter Terms Any provision of this Grant Award Letter that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. I. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described above, this Grant Award Letter does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. J. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. K. Accessibility i. Grantee shall indemnify, save, hold harmless, and assume liability on behalf of the State, its officers, employees, agents and assignees (collectively the “Indemnified Parties”) for any and all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and other amounts incurred by any of the Indemnified Parties in relation to Grantee’s noncompliance with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103, C.R.S. State employees are considered third parties for the purposes of this section. ii. Grantee shall comply with the  Accessibility Standards for Individuals with a Disability, as adopted by the Office Of Information Technology pursuant to §24-85-103 C.R.S. Page 20 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 44 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 iii. The State may require Grantee’s compliance with the Accessibility Standards for Individuals with a Disability adopted by the Office of Information Technology pursuant to §24-85-103 C.R.S. is determined and tested by a qualified third party selected by the State. The State may ask the Grantee to review the selection of the third party. Grantee shall be responsible for all costs associated with the third-party vendor’s assessment. If Grantee is not in compliance as determined by the third-party vendor, at the State’s request and at the State’s direction, Grantee shall promptly take all necessary actions to come into compliance using a State-approved vendor, at no additional cost to the State. L. Federal Provisions Grantee shall comply with all applicable requirements of Exhibit F at all times during the term of this Grant. 18. Colorado Special Provisions (Colorado Fiscal Rule 3-3) A. Statutory Approval. §24-30-202(1) C.R.S. This Grant Award Letter shall not be valid until it has been approved by the Colorado State Controller or designee. If this Grant Award Letter is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Grant Award Letter shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. Fund Availability. §24-30-202(5.5) C.R.S. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. Governmental Immunity. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Grant Award Letter shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. Page 21 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 45 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 D. Independent Contractor. Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability, or understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant Award Letter. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. Compliance with Law. Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law, Jurisdiction, and Venue. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Grant Award Letter. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Grant Award Letter shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. Prohibited Terms. Any term included in this Grant Award Letter that requires the State to indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits Grantee’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Grant Award Letter shall be construed as a waiver of any provision of §24-106-109 C.R.S. Page 22 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 46 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 H. Software Piracy Prohibition. State or other public funds payable under this Grant Award Letter shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant Award Letter and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant Award Letter, including, without limitation, immediate termination of this Grant Award Letter and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. Employee financial Interest/Conflict of Interest. §§24-18-201 and 24-50-507 C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant Award Letter. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee’s services and Grantee shall not employ any person having such known interests. Page 23 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 47 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 Exhibit A - Sample Option Letter State Agency [Insert Department's or IHE's Full Legal Name] Grantee [Insert Grantee's Full Legal Name, including "Inc.", "LLC", etc.] Grantee UEI [Insert Grantee UEI] Current Agreement Maximum Amount Initial Term State Fiscal Year [20XX] [$0.00] Extension Terms State Fiscal Year [20XX] [$0.00] State Fiscal Year [20XX] [$0.00] State Fiscal Year [20XX] [$0.00] State Fiscal Year [20XX] [$0.00] Total for All State Fiscal Years [$0.00] Option Letter Number [Insert the Option Number (e.g. "1" for the first option)] Original Agreement Number [Insert CMS number or Other Agreement Number of the Original Agreement] Option Agreement Number [Insert CMS number or Other Agreement Number of this Option] Agreement Performance Beginning Date [Month Day, Year] Current Agreement Expiration Date [Month Day, Year] Options: A. Option to extend for an Extension Term B. Option to change the quantity of Goods under the Agreement C. Option to change the quantity of Services under the Agreement D. Option to modify Agreement rates E. Option to initiate next phase of the Agreement Required Provisions: 1. For use with Option 1(A): In accordance with Section(s) [Number] of the Original Agreement referenced above, the State hereby exercises its option for an additional term, beginning [Insert start date] and ending on the current Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended. 2. For use with Options 1(B and C): In accordance with Section(s) [Enter Section(s) number] of the Original Agreement referenced above, the State hereby exercises its option to Page 24 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 48 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 [Increase/Decrease] the quantity of the [Goods/Services or both] at the rates stated in the Original Agreement, as amended. 3. For use with Option 1(D): In accordance with Section(s) [Enter Section(s) number] of the Original Agreement referenced above, the State hereby exercises its option to modify the Agreement rates specified in [Enter Exhibit/Section] [Enter Number/Letter]. The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option Effective Date of this Option Letter. 4. For use with Option 1(E): In accordance with Section(s) [Enter Section(s) number] of the Original Agreement referenced above, the State hereby exercises its option to initiate Phase [indicate which Phase: 2, 3, 4, etc.], which shall begin on [Insert start date] and end on [Insert ending date] at the cost/price specified in Section [Enter Section(s) number]. 5. For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount table on the Agreement’s Signature and Cover Page is hereby deleted and replaced with the Current Agreement Maximum Amount table shown above. Option Effective Date: The effective date of this Option Letter is upon approval of the State Controller or [Enter date], whichever is later. State of Colorado Jared S. Polis, Governor [INSERT-Name of Agency or IHE] [INSERT-Name & Title of Head of Agency or IHE] ______________________________________ By: [Name & Title of Person Signing for Agency or IHE] Date: _______________________ In accordance with §24-30-202, C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. State Controller Robert Jaros, CPA, MBA, JD By:_____________________________________ [Name of Agency or IHE Delegate-Please delete if agreement will be routed to OSC for approval] Option Effective Date:_____________________ Page 25 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 49 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 Exhibit B - Grant Requirements 1. Audit Requirements A. Due Date i) Project Start The Grantee must submit the most recent audit or financial review, including the corresponding governance/management letter, to DCJ within thirty (30) days of request; and, if the most recent audit/financial review has not already been submitted to DCJ, it must be submitted within thirty (30) days of the start of this project. ii) Project Duration and End The Grantee assures that it will procure an audit or financial review, incorporating this grant award, by an independent Certified Public Accountant (CPA), licensed to practice in Colorado. The audit or financial review incorporating this grant award must be completed and received by DCJ within nine (9) months of the end of the fiscal years that includes the end date of the grant, or within thirty (30) days of the completion of such audit or review, whichever is earlier. B. Report/Audit Type i) If your entity expended $750,000* or more in Federal funds (from all sources including pass-through subawards) in your organization’s fiscal year (12-month turnaround reporting period), your organization is required to arrange for a single organization-wide audit conducted in accordance with the provisions of Title 2 C.F.R. Subpart F (§ 200.500 et seq.) ii) If your entity expends less than $750,000 in Federal funds (from all sources including pass-through subawards) in your organization’s fiscal year (12-month turnaround reporting period), your organization is required to arrange for either an audit or financial review as follows: a. Grantees that have revenue greater than $300,000 from all sources during the entity’s fiscal year are required by DCJ to obtain a financial audit. b. Grantees that have revenue less than $300,000 from all sources during the entity’s fiscal year are required by DCJ to obtain a financial audit or financial review. A compilation is not sufficient to satisfy this requirement. c. Fiscal years beginning on or after October 1, 2024, shall replace the $750,000 threshold with $1,000,000. C. Report/Audit Costs The Grantee accepts responsibility for the costs of a financial program audit to be performed by the Department of Public Safety in the event that the audit report or financial review: Page 26 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 50 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 i) does not meet the applicable federal audit or DCJ standards; ii) is not submitted in a timely manner; or, iii) does not provide an audit response plan with corresponding corrections made sufficient to satisfy any audit findings. D. Failure to Comply The grantee understands and agrees that DCJ or the federal awarding office (DOJ) may withhold award funds, or may impose other related requirements, if the grantee does not satisfactorily and promptly address outstanding issues from audits required by Part 200 Uniform Requirements, by the terms of this award, by the current addition of the DOJ Grants Financial Guide, or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 2. Additional Reporting Requirements In addition to quarterly report requirements these grant funds may have additional report requirements. The additional reports may include, but is not limited to, reporting progress and statistics directly into a federal Performance Management Tool (PMT). 3. Financial and Administrative Management A. The Grantee assures that fund accounting, auditing, monitoring, evaluation procedures and such records as necessary will be maintained to assure adequate internal fiscal controls, proper financial management, efficient disbursement of funds received, and maintenance of required source documentation for all costs incurred. These principles must be applied for all costs incurred whether charged on a direct or indirect basis. B. All expenditures must be supported by appropriate source documentation. Only actual, approved, allowable expenditures will be permitted. C. The Grantee assures that it will comply with the applicable Administrative Guide of the Division of Criminal Justice (Guide), located at the Division of Criminal Justice Grants website. However, such a guide cannot cover every foreseeable contingency, and the Grantee is ultimately responsible for compliance with applicable state and federal laws, rules and regulations. In the event of conflicts or inconsistencies between the Guide and any applicable state and federal laws, rules and regulations, such conflicts or inconsistencies shall be resolved by applicable state and federal laws, rules and regulations. 4. Procurement and Contracts A. Grantee assures that open, competitive procurement procedures will be followed for all purchases under the grant. All contracts for professional services, of any amount, and equipment purchases over five thousand dollars (per item, with a useful life of at least one year) must receive prior approval by the DCJ. Grantee shall submit Form 16 – Professional Services/Consultant Certification and/or Form 13 – Equipment Procurement Certification Form. B. Grantee may not assign its rights or duties under this grant without the prior written consent of the DCJ. Page 27 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 51 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 5. Award Change Requests Grantee may request budget modifications by submitting a request to DCJ. DCJ reserves the right to make and authorize modifications, adjustments, and/or revisions to the Contract for the purpose of making changes in budget categories, extensions of grant award dates, changes in goals and objectives, and other modifications as described in the body of the Contract. Page 28 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 52 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 Exhibit C – Special Conditions Grant Specific The following program specific requirements are imposed by the Federal concerning special requirements of law, program requirements, and other administrative requirements. These requirements apply to this Agreement and must be passed on to subgrant award recipients. The following Special Conditions documents, if checked, are incorporated herein. X 2024 Victims of Crime Act (VOCA) Special Conditions X 2023 Victims of Crime Act (VOCA) Special Conditions Additional Program Specific Conditions applicable to this Agreement. 1. Payment to vendors exceeding $50,000 during the grant period : Grantee is required to track payments to each professional services/consultant contract to ensure that if the cumulative payment to the specific vendor exceeds the $50,000 threshold during the two-year grant period, this excess and any remaining payments to this vendor are not included in the Modified Total Direct Cost (MTDC) calculation for purposes of requesting reimbursement of the de minimis rate for indirect funds as described in 2 C.F.R. 200.414(f). 2. Financial Assistance for Victims: Payments of financial assistance for victims cannot be made directly to victims, including the use of gift cards, and can only be used for eligible purposes as described in your approved budget or as authorized by your Grant Program Manager on a case by case basis.  3. Subawards: Grantee shall not enter into any subgrant without the prior, written approval of the State. Grantee is responsible for compliance monitoring for all subgrants entered into by Grantee in connection with this Agreement. This includes, but is not limited to, collecting documentation, certifications, and/or other monitoring techniques to ensure that the following are met by the subgrantee: - Federal Debarment standards - Civil Rights Compliance - Exhibit C of this Agreement must be passed through to subgrantee, and monitored by Grantee. - Exhibit F of this Agreement must be passed through to subgrantee, and monitored by Grantee. - 2 CR 200 Subrecipient Monitoring and Management: §200.331 - §200.332 All subgrants entered into by Grantee in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement. The subgrant entered into by Grantee shall also contain provisions permitting both Grantee and the State to perform all monitoring of that subgrantee in accordance with the Uniform Guidance.  Page 29 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 53 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 4. Match Waived: The Office for Victim Programs (OVP) has waived the match requirement for applicants applying for and receiving CY 2026 VOCA funding due to continued depletion of state and local funds that assists most programs in meeting the Federally mandated match requirement. Grantees have the right to decline this match waiver and provide voluntary match and should contact their grant program manager if they wish to do so. This waiver is only applicable to this subaward project period of January 1, 2026 – December 31, 2026. 5. All subgrants entered into by Grantee in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement. The subgrant entered into by Grantee shall also contain provisions permitting both Grantee and the State to perform all monitoring of that subgrantee in accordance with the Uniform Guidance. Grantee Agency must notify the Office for Victims Programs (OVP) immediately in writing, in the method determined by DCJ, of: ● any CVS grant funded personnel changes; ● any CVS grant funded position that is vacant for 45 days; ● any change of an Official and/or employee who is listed as responsible party on this CVS grant funded project. 6. State Confidentiality of Victims Information: The Grantee Agency certifies that the signing authorities, all staff and volunteers assigned to the project have read and understand, state laws and applicable rules of professional conduct related to issues of confidentiality and privilege, particularly with respect to releasing identifying information about victims of crime, include, but not limited to, those found in C.R.S. §13-90-107. 7. Colorado Victims Rights Act (Applies to Government Agencies only): The Grantee Agency assures that the application signatories, all staff and all volunteers assigned to the funded project have read and understand the rights afforded to crime victims pursuant to §24-4.1-302.5 C.R.S., and the services delineated pursuant to §24-4.1-303 and 24-4.1-304 C.R.S., commonly known as the Victim Rights Act, and enabling legislation. Page 30 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 54 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 Exhibit D – Statement of Work The Statement of Work contained within the DocuSign Envelope is incorporated herein. Page 31 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 55 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 Exhibit E – Budget The Budget and Budget Narrative contained within the DocuSign Envelope is incorporated herein. Page 32 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 56 of 319 Grantee: City of Englewood, Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2025-VA-26-828-18 Exhibit F – Federal Requirements The following federal requirements are imposed by the Federal sponsoring agency concerning special requirements of law. These requirements apply to this Agreement and must be passed on to subgrants and subcontractors. The following DOJ Federal Requirements document(s) are incorporated herein. X 2024 Federal Requirements X 2023 Federal Requirements The following federal requirements are required by the Colorado Office of the State Controller Federal Provisions . These requirements apply to this Agreement and must be passed on to subgrants and subcontractors. ☒ 2025 State Controller Federal Provisions In the event of a conflict of inconsistency between the DOJ Federal Requirements and the Colorado Office of the State Controller Federal Provisions, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. DOJ Federal Requirements 2. Colorado Office of the State Controller Federal Provisions Page 33 of 33 Version: 08/11/2025 (DCJ 09/12/25) Page 57 of 319 Page 58 of 319 Page 59 of 319 Page 60 of 319 Page 61 of 319 Page 62 of 319 Page 63 of 319 Page 64 of 319 Page 65 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 1 of 24 10/31/2022 2022 FEDERAL REQUIREMENTS 1. Applicability .......................................................................................................................................................... 3 2. Recipient ................................................................................................................................................................ 3 3. Ensuring Compliance of Subgrantees (subrecipients) ........................................................................................... 3 4. General Conditions ................................................................................................................................................ 3 A. Requirements of the award; incorporation by reference; remedies fo r non-compliance or for materially false statements .................................................................................................................................................................. 3 B. Applicability of Part 200 Uniform Requirements ............................................................................................. 4 C. Compliance with DOJ Grants Financial Guide ................................................................................................ 5 D. Reclassification of various statutory provisions to a new Title 34 of the United States Code ......................... 5 E. Requirements related to "de minimis" indirect cost rate................................................................................... 5 F. Requirement to report potentially duplicative funding ..................................................................................... 5 G. Requirements related to System for Award Management and Universal Identifier Requirements/Unique Entity Identifiers ........................................................................................................................................................ 5 H. Employment eligibility verification for hiring under the award ....................................................................... 6 I. Requirement to report actual or imminent breach of personally identifiable information (PII) ....................... 7 J. All subawards ("subgrants") and contracts must have DCJ authorization ........................................................ 8 K. Specific post-award approval required to use a noncompetitive approach in any procurement contract ......... 8 L. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and DOJ or DCJ authority to terminate award) .................................................................................... 8 M. Determination of suitability to interact with participating minors .................................................................... 8 N. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events ......................................................................................................................................... 9 O. Requirement for data on performance and effectiveness under the award ....................................................... 9 P. Training Guiding Principles ............................................................................................................................. 9 Q. Effect of failure to address audit issues ............................................................................................................ 9 R. Potential imposition of additional requirements ............................................................................................... 9 S. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 ....... 10 T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 ....... 10 U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 ....... 10 V. Restrictions on "lobbying" and policy development ...................................................................................... 10 W. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2021).................. 11 X. Reporting potential fraud, waste, and abuse, and similar misconduct ............................................................ 11 Y. Restrictions and certifications regarding non-disclosure agreements and related matters .............................. 12 Z. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) ......................... 13 AA. Encouragement of policies to ban text messaging while driving ............................................................... 13 BB. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency .. 13 CC. Right to examine documents ...................................................................................................................... 14 DD. Maintaining contact information ................................................................................................................ 14 Page 66 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 2 of 24 10/31/2022 EE. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS .............................................................................................. 14 FF. Cooperating with OJP Monitoring ............................................................................................................. 14 GG. Required monitoring of subawards ............................................................................................................ 15 HH. Legal Notices – OJP Grants only ............................................................... Error! Bookmark not defined. II. Legal Notices – OVW Grants Only ................................................................ Error! Bookmark not defined. JJ. Safe policing and law enforcement subrecipients - NEW 2021 ..................................................................... 15 5. Financial Requirements ....................................................................................................................................... 17 A. Non-supplantation .......................................................................................................................................... 17 B. Misuse of award funds .................................................................................................................................... 17 C. Limitation on use of funds to approved activities ........................................................................................... 17 D. Consultant compensation rates ....................................................................................................................... 17 E. Limit on use of grant funds for grantees' employees' salaries ........................................................................ 17 6. Civil rights requirements associated with DOJ awards ....................................................................................... 18 A. Civil rights laws and nondiscrimination provisions........................................................................................ 18 B. Civil rights compliance: Access to services and benefits by individuals with limited English proficiency ... 19 C. Certification .................................................................................................................................................... 20 7. Recipients of OVW grant dollars ONLY ............................................................................................................. 22 A. Availability of general terms and conditions on OVW website ..................................................................... 22 B. Compliance with statutory and regulatory requirements ................................................................................ 22 C. VAWA 2013 nondiscrimination condition ..................................................................................................... 22 D. Confidentiality and information sharing ......................................................................................................... 22 E. Activities that compromise victim safety and recovery and undermine offender accountability ................... 22 F. Policy for response to workplace-related incidents of sexual misconduct, domestic violence, and dating violence .................................................................................................................................................................... 23 G. Termination or suspension for cause .............................................................................................................. 23 H. Compliance with solicitation requirements .................................................................................................... 23 I. Subrecipient program income ......................................................................................................................... 23 J. Subrecipient product monitoring .................................................................................................................... 24 Page 67 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 3 of 24 10/31/2022 1. APPLICABILITY The Division of Criminal Justice (DCJ) issues federal grants from two Department of Justice (DOJ) offices: the Office of Justice Programs (OJP) and the Office on Violence Against Women (OVW). All awards conditions set out below apply to both OJP and OVW funded grants, with the exception of the conditions labelled as: “Recipients of OVW grant dollars only” which only apply to OVW funded awards. References to the DOJ apply to both OJP and OVW funded grants. Individual awards will also include special conditions. Those additional conditions may relate to the particular statute, program, or solicitation under which the award is made; to the substance of the funded application; to the subrecipient's performance under other federal awards; to the subrecipient's legal status (e.g., as a for-profit entity); or to other pertinent considerations. 2. RECIPIENT For the purposes of this document, the term “recipient” refers to the Legal Entity Name listed on the Division of Criminal Justice (DCJ) Grant Award Document issued to a grantee receiving federal grants funds from DCJ. The term Recipient and Grantee are used interchangeable within this Exhibit. 3. ENSURING COMPLIANCE OF SUBGRANTEES (SUBRECIPIENTS) Grantee is responsible for notifying any subgrantee (subrecipient), issued under this grant, of all provisions herein. Grantee is responsible for monitoring any subgrantee (subrecipient) for compliance all the provisions herein. 4. GENERAL CONDITIONS A. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. OJP Awards Only: Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Page 68 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 4 of 24 10/31/2022 Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Division of Criminal Justice (DCJ), Office of Justice Programs ("OJP") or Office on Violence Against Women (“OVW”) taking appropriate action with respect to the recipient and the award. Among other things, the Department of Justice “DOJ” may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, and DCJ also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. B. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact DCJ promptly for clarification. Page 69 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 5 of 24 10/31/2022 C. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the current edition of the DOJ Grants Financial Guide as posted on the OVW website, including any updated version that may be posted during the period of performance. References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. D. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to DOJ awards (that is, DOJ grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. E. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements F. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify DCJ in writing of the potential duplication, and, if so requested by DCJ, must seek a budget-modification and change-of-project to eliminate any inappropriate duplication of funding. G. Requirements related to System for Award Management and Universal Identifier Requirements/Unique Entity Identifiers The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/SAM/. This includes Page 70 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 6 of 24 10/31/2022 applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. DCJ must comply with applicable restrictions on subawards Grantees, including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of DCJ’s obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). H. Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must— a. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). b. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both — (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. c. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). d. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. Page 71 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 7 of 24 10/31/2022 4. Rules of construction a. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. b. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. c. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. d. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. e. Nothing in this condition, including in paragraph 4.b., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E- Verify@dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to DCJ, before award acceptance. I. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.79) within the scope of an DOJ grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an DOJ Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. Page 72 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 8 of 24 10/31/2022 J. All subawards ("subgrants") and contracts must have DCJ authorization The recipient, and any subrecipient ("subgrantee") at any tier, must receive approval from DCJ prior to issuing a subaward or a procurement contract under this award. K. Specific post-award approval required to use a noncompetitive approach in any procurement contract The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract. This condition applies to agreements that -- for purposes of federal grants administrative requirements – OJP or OVW considers a procurement "contract" (and therefore does not consider a subaward). L. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and DOJ or DCJ authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm and the OVW web site at https://www.justice.gov/ovw/award-conditions (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and DOJ authority to terminate award)), and are incorporated by reference here. M. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ) (or in the application for any subaward at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm and OVW web site at https://www.justice.gov/ovw/award-conditions (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. Page 73 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 9 of 24 10/31/2022 N. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Recipients of OVW grant dollars only: Additional information on the pertinent to this award appears on the OVW website at https://www.justice.gov/ovw/conference-planning. O. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to DCJ and/or DOJ in the manner (including within the timeframes) specified by DCJ in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. P. Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with DOJ award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm , or the OVW Training Guiding Principles for Grantees and Subgrantees, available at https://www.justice.gov/ovw/resources-and-faqs-grantees#Discretionary. Q. Effect of failure to address audit issues The recipient understands and agrees that the DCJ or the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DCJ or DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. R. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DCJ during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DCJ high-risk grantee list. Page 74 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 10 of 24 10/31/2022 S. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. V. Restrictions on "lobbying" and policy development In general, as a matter of federal law, federal funds awarded by DOJ may not be used by the grantee, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Recipients of OVW grant dollars only: The recipient, or any subrecipient ("subgrantee") may, however, use federal funds to collaborate with and provide information to federal, state, local, tribal and territorial public officials and agencies to develop and implement policies and develop and promote state, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking (as those terms are defined in 34 U.S.C. § 12291(a)) when such collaboration and provision of Page 75 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 11 of 24 10/31/2022 information is consistent with the activities otherwise authorized under this grant program. Another federal law generally prohibits federal funds awarded by DOJ from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact DCJ for guidance, and may not proceed without the express prior written approval of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate). W. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, https://www.justice.gov/ovw/award-conditions, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact DCJ for guidance, and may not proceed without the express prior written approval of DCJ. X. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Page 76 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 12 of 24 10/31/2022 Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. Y. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient — a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to Page 77 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 13 of 24 10/31/2022 prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. Z. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the grantee is to contact the DCJ for guidance. AA. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. BB. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency If the recipient is designated "high risk" by a federal grant-making agency, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to DCJ. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal Page 78 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 14 of 24 10/31/2022 awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency CC. Right to examine documents The grantee, and any subrecipient ("subgrantee") at any tier, must authorize the DCJ or DOJ awarding agency (OJP or OVW, as appropriate) and/or the Office of the Chief Financial Officer (OCFO), and its representatives, access to and the right to examine all records, books, paper, or documents related to this grant. DD. Maintaining contact information The grantee acknowledges that it is responsible for maintaining updated contact information in the Grants Management System (GMS). To update information in GMS for either the point of contact and/or the authorized representative, the grantee must submit a Change in Project Officials (DCJ Form 4-B). EE. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this DOJ award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of DOJ awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm and OVW web site at: https://www.justice.gov/ovw/ award-conditions (Award Condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. FF. Cooperating with DOJ Monitoring The recipient agrees to cooperate with DCJ and DOJ monitoring of this award pursuant to DCJ and DOJ's guidelines, protocols, and procedures, and to cooperate with DCJ and DOJ (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to DCJ and DOJ all documentation necessary for DCJ and/or DOJ to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by DCJ and/or DOJ for providing the requested documents. Failure to cooperate with DCJ and/or DOJ's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). Page 79 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 15 of 24 10/31/2022 GG. Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. HH. Safe policing and law enforcement subrecipients If this award is a discretionary award, the recipient agrees that it will not make any subawards to State, local, college, or university law enforcement agencies unless such agencies have been certified by an approved independent credentialing body or have started the certification process. To become certified, law enforcement agencies must meet two mandatory conditions: (1) the agency’s use of force policies adhere to all applicable federal, state, and local laws; and (2) the agency’s use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law. For detailed information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO. II. OJP Grants Only - Subawards and Procurement Contracts under OJP Awards The Office of Justice Programs (OJP) has developed the following guidance documents to help clarify the differences between subawards and procurement contracts under an OJP award and outline the compliance and reporting requirements for each. Subawards under OJP Awards and Procurement Contracts under Awards: A Toolkit for OJP Recipients. PDF Size: 221.25 KB Checklist to Determine Subrecipient or Contractor Classification. PDF Size: 128.16 KB Sole Source Justification Fact Sheet and Sole Source Review Checklist. PDF Size: 382.40 KB Please contact your grant manager if you have any questions regarding subawards and procurement contracts under this award. This detailed guidance is designed to help grantees better understand how OJP will categorize an agreement by an OJP award recipient with an outside entity for purposes of the federal grants administrative requirements. It is important that each OJP grantee have a full understanding which (if any) of its actions (for purposes of OJP and other federal grants administrative requirements) are "subawards", and which are "procurement contracts under an award." The substance of the relationship should be given greater consideration than the form of agreement between the recipient and the outside entity. Whether an action – for federal grants administrative purposes – is a subaward or procurement contract is a critical distinction as significantly different rules apply to subawards and procurement contracts. If a grantee enters into an agreement that is a subaward of an OJP award, specific rules apply – many of which are set by federal statutes and DOJ regulations; others by award conditions. These rules place particular responsibilities on an OJP recipient for any subawards the OJP recipient may make. The Page 80 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 16 of 24 10/31/2022 rules determine much of what the written subaward agreement itself must require or provide. The rules also determine much of what an OJP recipient must do both before and after it makes a subaward. If a grantee enters into an agreement that is a procurement contract under an OJP award, a substantially different set of federal rules applies. For grant recipients with subawards, key compliance requirements include the following: • Having specific federal authorization prior to entering into any subaward under the award. • Requiring subawardee compliance with 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. • Requiring progress and financial reporting. • Collection of performance data from the subawardee • Monitoring subawardees • Reporting subawards (over $30,000) as required by the Federal Funding Accountability and Transparency Act (FFATA). Post-Award Requests for Subaward Authorization • For grantees with procurement contracts, key compliance requirements include the following: • The grantee must comply with the Procurement Standards of 2 C.F.R. Part 200 and provide for full and open competition. • A procurement contract must include all applicable contract provisions set out in Appendix II of 2 C.F.R. Part 200. • All noncompetitive (sole source) procurements must comply with the requirements outlined in 2 C.F.R. 200. o Sole source procurements that do not exceed the Simplified Acquisition Threshold (currently $250,000) must have written justification for the noncompetitive procurement action maintained in the procurement file. If a procurement file does not have the documentation that meets the criteria outlined in 2 C.F.R. 200, the procurement expenditures may not be allowable. All Sole source procurement must be approved by DCJ. JJ. Authorized Official The grantee understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of Page 81 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 17 of 24 10/31/2022 performance under the award without first ensuring that the individual has the requisite legal authority. 5. FINANCIAL REQUIREMENTS A. Non-supplantation The recipient agrees that grant funds will be used to supplement, not supplant, non-federal funds that would otherwise be available for the activities under this grant. Supplanting arises when a Recipient reduces non-federal funds for an activity specifically because federal funds are available (or are expected to be available) to fund that same activity. Federal funds must be used to supplement existing State or local funds for program activities, and may not replace (that is, may not "supplant") State or local funds that have been appropriated or allocated for the same purpose. Additionally, federal funding may not replace State or local funding that is required by law. When supplanting is prohibited, potential supplanting will be the subject of DCJ monitoring and audit. Should a question of supplanting arise, the grantee will be required to substantiate that any reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. B. Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. C. Limitation on use of funds to approved activities The recipient agrees that grant funds will be used only for the purposes described in this award. The grantee must not undertake any work or activities that are not described in this award, and must not use staff, equipment, or other goods or services paid for with grant funds for such work or activities, without prior written approval from DCJ. D. Consultant compensation rates The recipient acknowledges that consultants paid with award funds generally may not be paid at a rate in excess of $81.25 per hour, not to exceed $650 per day. To exceed this specified maximum rate, recipients must submit to DCJ a detailed justification and have such justification approved by DCJ, prior to obligation or expenditure of such funds. Issuance of this award or approval of the award budget alone does not indicate approval of any consultant rate in excess of $81.25 per hour, not to exceed $650 per day. Although prior approval is not required for consultant rates below this specified maximum rate, recipients are required to maintain documentation to support all daily or hourly consultant rates. E. Limit on use of grant funds for grantees' employees' salaries With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Page 82 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 18 of 24 10/31/2022 Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion the DCJ via DOJ. 6. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH DOJ AWARDS The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. The Grantee hereby agrees that it will comply, and all of its subrecipients (“subgrantees”) will comply, with the applicable provisions of: A. Civil rights laws and nondiscrimination provisions States and units of local government, public and nonprofit institutions of higher education, nonprofit organizations, for-profit businesses, and other recipients of DOJ grants may be subject to various federal civil rights laws for reasons other than their receipt of DOJ funds. Some examples include federal civil rights laws related to discrimination on the basis of race, color, national origin, sex, religion, or disability. Page 83 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 19 of 24 10/31/2022 Because a DOJ award is a form of "federal financial assistance," the recipients of a DOJ award (and any "subrecipient" at any tier) must comply with additional civil-rights-related requirements above and beyond those that otherwise would apply. In general, these additional requirements fall into one of two categories: 1. Civil rights laws (sometimes referred to as "cross-cutting" federal civil rights statutes). These apply to essentially any entity that receives an award of federal financial assistance -- regardless of which federal agency awards the grant or cooperative agreement -- and encompass the "program or activity" funded in whole or in part with the federal financial assistance. 2. Nondiscrimination provisions. These are requirements or restrictions that apply to certain OJP or OVW awards -- in addition to the civil rights laws -- because they are set out in a statute that applies specifically to one or more particular OJP or OVW grant programs, or to OJP or OVW awards made under a particular legal authority. Much like the civil rights laws, these provisions apply variously to the programs, activity, or undertaking funded in whole or in part by OJP or OVW, and are described herein. a. Such nondiscrimination provisions apply to some, but not all, OJP or OVW grant programs. b. The nondiscrimination provisions that apply to an OJP or OVW award (above and beyond the requirements in "cross-cutting" civil rights laws) may vary from award to award, even for awards made during the same fiscal year. c. Typically, no more than one of these nondiscrimination provisions will apply to any particular OJP or OVW award. General information on the civil rights laws that apply to every OJP or OVW award, and on the nondiscrimination provisions that apply to some OJP or OVW awards, is available at https://ojp.gov/about/ocr/statutes-regulations. NOTE: As discussed in more detail below, if a civil rights law or nondiscrimination provision prohibits discrimination in employment on the basis of religion, the prohibition is read together with the provisions of the Religious Freedom Restoration Act of 1993. B. Civil rights compliance: Access to services and benefits by individuals with limited English proficiency Compliance with the civil rights laws entails, among other things, taking reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to DOJ-funded programs or services. An individual with limited English proficiency is one whose first language is not English and who has a limited ability to read, write, speak, or understand English. To assist recipients of DOJ awards in meeting their obligations with respect to such individuals, DOJ has published a guidance document, available on the LEP.gov website. Page 84 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 20 of 24 10/31/2022 C. Certification Each grantee by accepting this award, certifies that it will comply (and it will require any subrecipient at any tier to comply) with applicable civil rights laws and nondiscrimination provisions. An additional DCJ Form 30, will be required prior to the disbursement of any funds. D. Nondiscrimination provisions and the Religious Freedom Restoration Act As noted earlier, a nondiscrimination provision that deals with discrimination in employment on the basis of religion is read together with the pertinent provisions of the Religious Freedom Restoration Act of 1993. As a result, even if an otherwise-applicable nondiscrimination provision states that a grantee or subrecipient may not discriminate in employment based on religion, a DOJ recipient or subrecipient that is a faith-based organization may consider religion in hiring, provided it satisfies particular requirements. An DOJ recipient that is a faith-based organization and that seeks to consider religion in hiring despite an applicable nondiscrimination provision must properly execute and submit to DCJ a specific formal certification to DCJ to the effect that-- 1. The grantee is a religious organization that sincerely believes that providing the programs or services funded by the DOJ award is an expression of its religious beliefs, that employing individuals of particular religious belief is important to its religious exercise, and that having to abandon its religious hiring practice to receive federal funding would substantially burden its religious exercise. 2. The grantee will not discriminate against beneficiaries (or prospective beneficiaries) of the programs or services funded by the DOJ award on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. 3. The grantee will keep any explicitly religious activities separate in time or location from programs or services funded by the DOJ award. 4. The grantee will not require beneficiaries (or prospective beneficiaries) of programs or services funded by the DOJ award to attend or participate in any explicitly religious activities. Any such participation will be purely voluntary. To make the required certification, an appropriate, authorized official of the grantee organization must execute the Certification Regarding Hiring Practices on the Basis of Religion on behalf of the grantee. A copy of the executed certification must be submitted to DCJ. The grantee must retain the signed original on file as part of its records for the DOJ award. An DOJ recipient that executes and submits a certification that satisfies these requirements ordinarily may consider religion in hiring. Different rules may apply, however, if there is good reason to question the truthfulness of the certification, or if DCJ determines that it is necessary to restrict the recipient from considering religion in hiring to further a compelling government interest. (If DCJ makes such a determination, the Page 85 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 21 of 24 10/31/2022 DCJ may impose limitations that represent the least restrictive means of furthering the compelling government interest.) The rules that apply to subrecipients of DOJ awards that are faith-based organizations are similar, except that the subrecipient is to submit the required certification to the grantee. E. Overview of "Civil Rights Laws" Important "civil rights laws" that apply to all federal financial assistance -- and to all recipients and subrecipients of DOJ awards made in FY 2017 (and in FY 2018), are these: • Section 601 of Title VI of the Civil Rights Act of 1964 (codified at 42 U.S.C. 2000d) o Statutory provision: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. o DOJ implementing regulation: Subparts C and D of 28 C.F.R. Part 42. • Section 504 of the Rehabilitation Act of 1973 (codified at 29 U.S.C. 794) o Statutory provision: No otherwise qualified individual with a disability in the United States, as defined in [29 U.S.C. 705(20)], shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance[.] o DOJ implementing regulation: Subpart G of 28 C.F.R. Part 42. • Section 901 of Title IX of the Education Amendments of 1972 (codified at 20 U.S.C. 1681) o Statutory provision: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance[.] o DOJ implementing regulations: Subpart D of 28 C.F.R. Part 42; 28 C.F.R Part 54. • Section 303 of the Age Discrimination Act of 1975 (codified at 42 U.S.C. 6102) o Statutory provision: [N]o person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to Page 86 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 22 of 24 10/31/2022 discrimination under, any program or activity receiving Federal financial assistance. DOJ implementing regulation: Subpart I of 28 C.F.R. Part 42. 7. RECIPIENTS OF OVW GRANT DOLLARS ONLY A. Availability of general terms and conditions on OVW website The recipient agrees to follow the applicable set of general terms and conditions that are available at https://www.justice.gov/ovw/award-conditions. These do not supersede any specific conditions in this award document. B. Compliance with statutory and regulatory requirements The grantee agrees to comply with all relevant statutory and regulatory requirements, which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of 2013, P.L. 113-4, the Omnibus Crime Control and Safe Streets Act of 1968, 34 U.S.C. §§ 10101 et seq., and OVW's implementing regulations at 28 C.F.R. Part 90. C. VAWA 2013 nondiscrimination condition The recipient acknowledges that 34 U.S.C. § 12291(b)(13) prohibits recipients of OVW awards from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by OVW. The recipient agrees that it will comply with this provision. The recipient also agrees to ensure that any subrecipients ("subgrantees") at any tier will comply with this provision. D. Confidentiality and information sharing The grantee agrees to comply with the provisions of 34 U.S.C. § 12291(b)(2), nondisclosure of confidential or private information, which includes creating and maintaining documentation of compliance, such as policies and procedures for release of victim information. The recipient also agrees to comply with the regulations implementing this provision at 28 CFR 90.4(b) and “Frequently Asked Questions (FAQs) on the VAWA Confidentiality Provision (34 U.S.C. § 12291(b)(2))” on the OVW website at https://www.justice.gov/ovw/resources-and-faqs-grantees. The grantee also agrees to ensure that all subrecipients ("subgrantees") at any tier meet these requirements. E. Activities that compromise victim safety and recovery and undermine offender accountability The recipient agrees that grant funds will not support activities that compromise victim safety and recovery or undermine offender accountability, such as: procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or sex of their children; Page 87 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 23 of 24 10/31/2022 procedures or policies that compromise the confidentiality of information and privacy of persons receiving OVW-funded services; procedures or policies that impose requirements on victims in order to receive services (e.g., seek an order of protection, receive counseling, participate in couples' counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.); procedures or policies that fail to ensure service providers conduct safety planning with victims; project design and budgets that fail to account for the access needs of participants with disabilities and participants who have limited English proficiency or are Deaf or hard of hearing; or any other activities outlined in the solicitation under which the approved application was submitted.. F. Policy for response to workplace-related incidents of sexual misconduct, domestic violence, and dating violence The recipient, and any subrecipient at any tier, must have a policy, or issue a policy within 270 days of the award date, to address workplace-related incidents of sexual misconduct, domestic violence, and dating violence involving an employee, volunteer, consultant, or contractor. The details of this requirement are posted on the OVW web site at https://www.justice.gov/ovw/award-conditions (Award Condition: Policy for response to workplace-related sexual misconduct, domestic violence, and dating violence), and are incorporated by reference here. G. Termination or suspension for cause DCJ or the Director of OVW, upon a finding that there has been substantial failure by the recipient to comply with applicable laws, regulations, and/or the terms and conditions of the award or relevant solicitation, will terminate or suspend until DCJ or the Director is satisfied that there is no longer such failure, all or part of the award, in accordance with the provisions of 28 C.F.R. Part 18, as applicable mutatis mutandis. H. Compliance with solicitation requirements The recipient agrees that it must be in compliance with requirements outlined in the solicitation under which the approved application was submitted, the applicable Solicitation Companion Guide, and any program-specific frequently asked questions (FAQs) on the OVW website (https://www.justice.gov/ovw/resources-and-faqs-grantees). The program solicitation, Companion Guide, and any program specific FAQs are hereby incorporated by reference into this award. I. Subrecipient program income The recipient understands and agrees that it has responsibility for approval of program income earned by subrecipients. Program income, as defined by 2 C.F.R. 200.1, means gross income earned by a non-federal entity that is directly generated by a supported activity or earned as a result of the federal award during the period of performance. Without prior approval, program income must be deducted from total allowable costs to determine the net allowable costs. In order to add program income to a subaward, subrecipients must seek approval from the recipient prior to generating any program income. Any program income added to a subaward must be used to support activities that were approved in the budget and follow the conditions of the subaward agreement. Any program income approved by the recipient must be reported by the subrecipient to the recipient so that it is reported on the quarterly Program Income Financial Report (DCJ Page 88 of 319 Federal Awards issued from 2022 Federal Grant Funds Page 24 of 24 10/31/2022 Form 1-B) in accordance with the addition alternative. If the program income amount changes (increases or decreases) during the project period, the recipient must provide approval by the end of the project period. Failure to comply with these requirements may result in audit findings for both the recipient and the subrecipient. J. Subrecipient product monitoring The recipient agrees to monitor subrecipients to ensure that materials and products (written, visual, or sound) developed with OVW formula grant program funding fall within the scope of the grant program and do not compromise victim safety. Page 89 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 1 of 21 2023 FEDERAL REQUIREMENTS Introduction [New for 2023] 3 1. Applicability 3 2. Recipient 3 3. Ensuring Compliance of Subgrantees (subrecipients) 3 4. General Conditions 3 A. Requirements of the award; remedies for non-compliance or for materially false statements 3 B. Applicability of Part 200 Uniform Requirements 4 C. Compliance with DOJ Grants Financial Guide 5 D. Reclassification of various statutory provisions to a new Title 34 of the United States Code 5 E. Requirements related to "de minimis" indirect cost rate 5 F. Requirement to report potentially duplicative funding 5 G. Requirements related to System for Award Management and Universal Identifier Requirements/Unique Entity Identifiers 6 H. Employment eligibility verification for hiring under the award 6 I. Requirement to report actual or imminent breach of personally identifiable information (PII) 7 J. All subawards ("subgrants") and contracts must have DCJ authorization 8 K. Specific post-award approval required to use a noncompetitive approach in any procurement contract 8 L. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and DOJ or DCJ authority to terminate award) 8 M. Determination of suitability to interact with participating minors 8 N. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events 9 O. Requirement for data on performance and effectiveness under the award 9 P. Training Guiding Principles 9 Q. Effect of failure to address audit issues 9 R. Potential imposition of additional requirements 9 S. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 10 T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 10 U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 10 V. Restrictions on "lobbying" and policy development 10 W. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2023) 11 X. Reporting potential fraud, waste, and abuse, and similar misconduct 11 Y. Restrictions and certifications regarding non-disclosure agreements and related matters 11 Z. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) 12 AA. Encouragement of policies to ban text messaging while driving 13 BB. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency 13 CC. Right to examine documents 13 DD. Maintaining contact information 13 EE. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS 14 FF. Cooperating with DOJ Monitoring 14 GG. Required monitoring of subawards 14 HH. Safe policing and law enforcement subrecipients 14 II. Authorized Official 15 JJ. Compliance with restrictions on the use of federal funds-prohibited and controlled equipment under OJP award 15 5. Financial Requirements 15 Page 90 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 2 of 21 A. Non-supplantation 15 B. Misuse of award funds 15 C. Limitation on use of funds to approved activities 16 D. Consultant compensation rates 16 E. Limit on use of grant funds for grantees' employees' salaries 16 6. Civil rights requirements associated with DOJ awards 16 A. Civil rights laws and nondiscrimination provisions 17 B. Civil rights compliance: Access to services and benefits by individuals with limited English proficiency 18 C. Certification 18 D. Nondiscrimination provisions and the Religious Freedom Restoration Act 18 E. Overview of "Civil Rights Laws" 19 7. Recipients of OVW grant dollars ONLY 20 A. Availability of general terms and conditions on OVW website 20 B. Compliance with statutory and regulatory requirements 20 C. VAWA 2013 nondiscrimination condition 20 D. Confidentiality and information sharing 20 E. Activities that compromise victim safety and recovery and undermine offender accountability 21 F. Policy for response to workplace-related incidents of sexual misconduct, domestic violence, and dating violence 21 G. Termination or suspension for cause 21 H. Compliance with solicitation requirements 21 I. Subrecipient program income 22 J. Subrecipient product monitoring 22 Page 91 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 3 of 21 A. INTRODUCTION [NEW FOR 2023] Each year the Division of Criminal Justice (DCJ) performs a detailed assessment of the federal legal requirements to generate this exhibit. The DCJ has incorporated these notations into this document to call out differences from prior years. Minor changes that do not change the requirement, such as typographical errors or formatting will not be noted as a change. 1. APPLICABILITY [Same as years: 2018, 2019, 2020, 2021, 2022] The DCJ issues federal grants from two Department of Justice (DOJ) offices: the Office of Justice Programs (OJP) and the Office on Violence Against Women (OVW). All award conditions set out below apply to both OJP and OVW funded grants, with the exception of the conditions labeled as: “Recipients of OVW grant dollars only” or “Recipients of OJP grant dollars only” which only apply to OVW funded awards. References to the DOJ apply to both OJP and OVW funded grants. Individual awards will also include special conditions. Those additional conditions may relate to the particular statute, program, or solicitation under which the award is made; the substance of the funded application; the grantee's performance under other federal awards; the grantee's legal status (e.g., as a for- profit entity); or to other pertinent considerations. 2. RECIPIENT [Same as years: 2018, 2019, 2020, 2021, 2022] For the purposes of this document, the term “recipient” refers to the Legal Entity Name listed on the Division of Criminal Justice (DCJ) Grant Award Document issued to a grantee receiving federal grants funds from DCJ. The term “Recipient” and “Grantee” are interchangeable within this Exhibit. 3. ENSURING COMPLIANCE OF SUBGRANTEES (SUBRECIPIENTS) [Same as years: 2018, 2019, 2020, 2021, 2022] Grantee is responsible for notifying any subgrantee (subrecipient), issued under this grant, of all provisions herein. Grantee is responsible for monitoring any subgrantee (subrecipient) for compliance with all the provisions herein. 4. GENERAL CONDITIONS B. Requirements of the award; remedies for non-compliance or for materially false statements [Same as years: 2020, 2021, 2022] The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. OJP Awards Only: Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award. Page 92 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 4 of 21 By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Division of Criminal Justice (DCJ), Office of Justice Programs ("OJP") or Office on Violence Against Women (“OVW”) taking appropriate action with respect to the recipient and the award. Among other things, the Department of Justice “DOJ” may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, and DCJ also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. C. Applicability of Part 200 Uniform Requirements [Same as years: 2018, 2019, 2020, 2021, 2022 - except as highlighted] The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2023 award from the DOJ. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2023 award supplements funds previously awarded by DOJ under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2023 award. For more information and resources on the Part 200 Uniform Requirements as they relate to DOJ awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334, 200.337. In the event that an award-related question arises from documents or other materials prepared or distributed by the DOJ that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact DCJ promptly for clarification. Page 93 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 5 of 21 D. Compliance with DOJ Grants Financial Guide [Same as years: 2018, 2019, 2020, 2021, 2022] The grantee agrees to comply with the current edition of the DOJ Grants Financial Guide as posted on the website, including any updated version that may be posted during the period of performance. References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. E. Reclassification of various statutory provisions to a new Title 34 of the United States Code [Same as years: 2018, 2019, 2020, 2021, 2022] On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to DOJ awards (that is, DOJ grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. F. Requirements related to "de minimis" indirect cost rate [Same as years: 2018, 2019, 2020, 2021, 2022] A grantee that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements G. Requirement to report potentially duplicative funding [Same as years: 2018, 2019, 2020, 2021, 2022] If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify DCJ in writing of the potential duplication, and, if so requested by DCJ, must seek a budget-modification and change-of-project to eliminate any inappropriate duplication of funding. H. Requirements related to System for Award Management and Universal Identifier Requirements/Unique Entity Identifiers [Same as years: 019, 2020, 2021, 2022 - except as highlighted] The grantee must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/SAM/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. Page 94 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 6 of 21 The grantee must comply with applicable restrictions on subawards Grantees, including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the grantee’s obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm and the OVW website at https://www.justice.gov/ovw/award-conditions (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). I. Employment eligibility verification for hiring under the award [Same as years: 2019, 2020, 2021, 2022] 1. The grantee (and any subrecipient at any tier) must— a. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). b. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both — (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. c. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). d. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring. The grantee's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction a. Staff involved in the hiring process b. For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) Page 95 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 7 of 21 officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. c. Employment eligibility confirmation with E-Verify d. For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. e. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. f. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. g. Nothing in this condition, including in paragraph 4.b., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E- Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to DCJ, before award acceptance. J. Requirement to report actual or imminent breach of personally identifiable information (PII) [Same as years: 2018, 2019, 2020, 2021, 2022 - except as highlighted] The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an DOJ grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an DOJ Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. K. All subawards ("subgrants") and contracts must have DCJ authorization [Same as years: 2018, 2019, 2020, 2021, 2022] The grantee, and any subrecipient ("subgrantee") at any tier, must receive approval from DCJ prior to issuing a subaward or a procurement contract under this award. L. Specific post-award approval required to use a noncompetitive approach in any procurement contract [Same as years: 2018, 2019, 2020, 2021, 2022] Page 96 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 8 of 21 The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract. This condition applies to agreements that -- for purposes of federal grants administrative requirements – OJP or OVW considers a procurement "contract" (and therefore does not consider a subaward). M. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and DOJ or DCJ authority to terminate award) [Same as years: 2021, 2022] The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the grantee's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm and the OVW web site at https://www.justice.gov/ovw/award-conditions (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and DOJ authority to terminate award)), and are incorporated by reference here. N. Determination of suitability to interact with participating minors [Same as years: 2021, 2022] SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ) (or in the application for any subaward at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm and OVW web site at https://www.justice.gov/ovw/award-conditions (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. O. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events [Same as years: 2018, 2019, 2020, 2021, 2022] The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Page 97 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 9 of 21 Recipients of OVW grant dollars only: Additional information on the pertinent to this award appears on the OVW website at https://www.justice.gov/ovw/conference-planning. P. Requirement for data on performance and effectiveness under the award [Same as years: 2020, 2021, 2022] The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to DCJ and/or DOJ in the manner (including within the timeframes) specified by DCJ in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. Q. Training Guiding Principles [Same as years: 2018, 2019, 2020, 2021, 2022] Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with DOJ award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm , or the OVW Training Guiding Principles for Grantees and Subgrantees, available at https://www.justice.gov/ovw/resources-and-faqs-grantees#Discretionary. R. Effect of failure to address audit issues [Same as years: 2018, 2019, 2020, 2021, 2022] The recipient understands and agrees that the DCJ or the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DCJ or DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. S. Potential imposition of additional requirements [Same as years: 2018, 2019, 2020, 2021, 2022] The recipient agrees to comply with any additional requirements that may be imposed by the DCJ during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DCJ high-risk grantee list. T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 [Same as years: 2018, 2019, 2020, 2021, 2022] The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 [Same as years: 2018, 2019, 2020, 2021, 2022] The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Page 98 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 10 of 21 V. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 [Same as years: 2018, 2019, 2020, 2021, 2022] The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. W. Restrictions on "lobbying" and policy development [Same as years: 2018, 2019, 2020, 2021, 2022 - except as highlighted] In general, as a matter of federal law, federal funds awarded by DOJ may not be used by the grantee, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Recipients of OVW grant dollars only: The recipient, or any subrecipient ("subgrantee") may, however, use federal funds to collaborate with and provide information to federal, state, local, tribal and territorial public officials and agencies to develop and implement policies and develop and promote state, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking (as those terms are defined in 34 U.S.C. § 12291(a)) when such collaboration and provision of information is consistent with the activities otherwise authorized under this grant program. Another federal law generally prohibits federal funds awarded by DOJ from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact DCJ for guidance, and may not proceed without the express prior written approval of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate). Page 99 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 11 of 21 X. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2023) [Same as years: 2021, 2022 - except as highlighted] The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2023, are set out at https://ojp.gov/funding/Explore/FY23AppropriationsRestrictions.htm, https://www.justice.gov/ovw/award-conditions, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact DCJ for guidance, and may not proceed without the express prior written approval of DCJ. Y. Reporting potential fraud, waste, and abuse, and similar misconduct [Same as years: 2020, 2021, 2022 - except as highlighted] The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. Z. Restrictions and certifications regarding non-disclosure agreements and related matters [Same as years: 2018, 2019, 2020, 2021, 2022] No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient — a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and Page 100 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 12 of 21 b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. AA. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) [Same as years: 2018, 2019, 2020, 2021, 2022] The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the grantee is to contact the DCJ for guidance. BB. Encouragement of policies to ban text messaging while driving [Same as years: 2018, 2019, 2020, 2021, 2022] Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the Page 101 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 13 of 21 course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. CC. Requirement to disclose whether recipient is designated "high risk" by a federal grant- making agency [Same as years: 2019, 2020, 2021, 2022] If the recipient is designated "high risk" by a federal grant-making agency, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to DCJ. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency DD. Right to examine documents [Same as years: 2018, 2019, 2020, 2021, 2022] The grantee, and any subrecipient ("subgrantee") at any tier, must authorize the DCJ or DOJ awarding agency (OJP or OVW, as appropriate) and/or the Office of the Chief Financial Officer (OCFO), and its representatives, access to and the right to examine all records, books, paper, or documents related to this grant. EE. Maintaining contact information [Same as years: 2018, 2019, 2020, 2021, 2022] The grantee acknowledges that it is responsible for maintaining updated contact information in the Grants Management System (GMS). To update information in GMS for either the point of contact and/or the authorized representative, the grantee must submit a Change in Project Officials (DCJ Form 4-B). FF. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS [Same as years: 2019, 2020, 2021, 2022] The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this DOJ award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of DOJ awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm and OVW web site at: https://www.justice.gov/ovw/ award- conditions (Award Condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. Page 102 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 14 of 21 GG. Cooperating with DOJ Monitoring [Same as years: 2021, 2022] The recipient agrees to cooperate with DCJ and DOJ monitoring of this award pursuant to DCJ and DOJ's guidelines, protocols, and procedures, and to cooperate with DCJ and DOJ (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to DCJ and DOJ all documentation necessary for DCJ and/or DOJ to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by DCJ and/or DOJ for providing the requested documents. Failure to cooperate with DCJ and/or DOJ's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). HH. Required monitoring of subawards [Same as years: 2021, 2022] The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. II. Safe policing and law enforcement subrecipients [Same as years: 2021, 2022] If this award is a discretionary award, the recipient agrees that it will not make any subawards to State, local, college, or university law enforcement agencies unless such agencies have been certified by an approved independent credentialing body or have started the certification process. To become certified, law enforcement agencies must meet two mandatory conditions: (1) the agency’s use of force policies adhere to all applicable federal, state, and local laws; and (2) the agency’s use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law. For detailed information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO. JJ. Authorized Official [Same as years: 2022] The grantee understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. KK. Compliance with restrictions on the use of federal funds-prohibited and controlled equipment under OJP award [New - incorporated by reference in many OJP awards made during or after May 1, 2023] Page 103 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 15 of 21 Recipients of OVJP grant dollars only: Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment list.” The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition: Compliance with restrictions on the use of federal funds: Prohibited and Controlled Equipment under OJP awards), and are incorporated by reference here. 5. FINANCIAL REQUIREMENTS A. Non-supplantation [Same as years: 2018, 2019, 2020, 2021, 2022] The recipient agrees that grant funds will be used to supplement, not supplant, non-federal funds that would otherwise be available for the activities under this grant. Supplanting arises when a Recipient reduces non-federal funds for an activity specifically because federal funds are available (or are expected to be available) to fund that same activity. Federal funds must be used to supplement existing State or local funds for program activities, and may not replace (that is, may not "supplant") State or local funds that have been appropriated or allocated for the same purpose. Additionally, federal funding may not replace State or local funding that is required by law. When supplanting is prohibited, potential supplanting will be the subject of DCJ monitoring and audit. Should a question of supplanting arise, the grantee will be required to substantiate that any reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. B. Misuse of award funds [Same as years: 2018, 2019, 2020, 2021, 2022] The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. C. Limitation on use of funds to approved activities [Same as years: 2018, 2019, 2020, 2021, 2022] The recipient agrees that grant funds will be used only for the purposes described in this award. The grantee must not undertake any work or activities that are not described in this award, and must not use staff, equipment, or other goods or services paid for with grant funds for such work or activities, without prior written approval from DCJ. D. Consultant compensation rates [Same as years: 2019, 2020, 2021, 2022] The recipient acknowledges that consultants paid with award funds generally may not be paid at a rate in excess of $81.25 per hour, not to exceed $650 per day. To exceed this specified maximum rate, recipients must submit to DCJ a detailed justification and have such justification approved by DCJ, prior to obligation or expenditure of such funds. Issuance of this award or approval of the award budget alone does not indicate approval of any consultant rate in excess of $81.25 per hour, not to exceed $650 per Page 104 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 16 of 21 day. Although prior approval is not required for consultant rates below this specified maximum rate, recipients are required to maintain documentation to support all daily or hourly consultant rates. E. Limit on use of grant funds for grantees' employees' salaries [Same as years: 2019, 2020, 2021, 2022] With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the DCJ via DOJ. 6. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH DOJ AWARDS The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from the DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. The Grantee hereby agrees that it will comply, and all of its subrecipients (“subgrantees”) will comply, with the applicable provisions of: A. Civil rights laws and nondiscrimination provisions [Same as years: 2018, 2019, 2020, 2021, 2022 - except as highlighted] States and units of local government, public and nonprofit institutions of higher education, nonprofit organizations, for-profit businesses, and other recipients of DOJ grants may be subject to various federal civil rights laws for reasons other than their receipt of DOJ funds. Some examples include federal civil Page 105 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 17 of 21 rights laws related to discrimination on the basis of race, color, national origin, sex, religion, or disability. Because a DOJ award is a form of "federal financial assistance," the recipients of a DOJ award (and any "subrecipient" at any tier) must comply with additional civil-rights-related requirements above and beyond those that otherwise would apply. In general, these additional requirements fall into one of two categories: 1. Civil rights laws (sometimes referred to as "cross-cutting" federal civil rights statutes). These apply to essentially any entity that receives an award of federal financial assistance -- regardless of which federal agency awards the grant or cooperative agreement -- and encompass the "program or activity" funded in whole or in part with the federal financial assistance. 2. Nondiscrimination provisions. These are requirements or restrictions that apply to certain OJP or OVW awards -- in addition to the civil rights laws -- because they are set out in a statute that applies specifically to one or more particular OJP or OVW grant programs, or to OJP or OVW awards made under a particular legal authority. Much like the civil rights laws, these provisions apply variously to the programs, activity, or undertaking funded in whole or in part by OJP or OVW, and are described herein. a. Such nondiscrimination provisions apply to some, but not all, OJP or OVW grant programs. b. The nondiscrimination provisions that apply to an OJP or OVW award (above and beyond the requirements in "cross-cutting" civil rights laws) may vary from award to award, even for awards made during the same fiscal year. c. Typically, no more than one of these nondiscrimination provisions will apply to any particular OJP or OVW award. General information on the civil rights laws that apply to every OJP or OVW award, and on the nondiscrimination provisions that apply to some OJP or OVW awards, is available at https://ojp.gov/about/ocr/statutes-regulations. NOTE: As discussed in more detail below, if a civil rights law or nondiscrimination provision prohibits discrimination in employment on the basis of religion, the prohibition is read together with the provisions of the Religious Freedom Restoration Act of 1993. B. Civil rights compliance: Access to services and benefits by individuals with limited English proficiency [Same as years: 2020, 2021, 2022] Compliance with the civil rights laws entails, among other things, taking reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to DOJ-funded programs or services. An individual with limited English proficiency is one whose first language is not English and who has a limited ability to read, write, speak, or understand English. To assist recipients of DOJ awards in meeting their obligations with respect to such individuals, DOJ has published a guidance document, available on the LEP.gov website. C. Certification [Same as years: 2018, 2019, 2020, 2021, 2022] Page 106 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 18 of 21 Each grantee by accepting this award, certifies that it will comply (and it will require any subrecipient at any tier to comply) with applicable civil rights laws and nondiscrimination provisions. An additional DCJ Form 30, will be required prior to the disbursement of any funds. D. Nondiscrimination provisions and the Religious Freedom Restoration Act [Same as years: 2022] As noted earlier, a nondiscrimination provision that deals with discrimination in employment on the basis of religion is read together with the pertinent provisions of the Religious Freedom Restoration Act of 1993. As a result, even if an otherwise-applicable nondiscrimination provision states that a grantee or subrecipient may not discriminate in employment based on religion, a DOJ recipient or subrecipient that is a faith-based organization may consider religion in hiring, provided it satisfies particular requirements. An DOJ recipient that is a faith-based organization and that seeks to consider religion in hiring despite an applicable nondiscrimination provision must properly execute and submit to DCJ a specific formal certification to DCJ to the effect that-- 1. The grantee is a religious organization that sincerely believes that providing the programs or services funded by the DOJ award is an expression of its religious beliefs, that employing individuals of particular religious belief is important to its religious exercise, and that having to abandon its religious hiring practice to receive federal funding would substantially burden its religious exercise. 2. The grantee will not discriminate against beneficiaries (or prospective beneficiaries) of the programs or services funded by the DOJ award on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. 3. The grantee will keep any explicitly religious activities separate in time or location from programs or services funded by the DOJ award. 4. The grantee will not require beneficiaries (or prospective beneficiaries) of programs or services funded by the DOJ award to attend or participate in any explicitly religious activities. Any such participation will be purely voluntary. To make the required certification, an appropriate, authorized official of the grantee organization must execute the Certification Regarding Hiring Practices on the Basis of Religion on behalf of the grantee. A copy of the executed certification must be submitted to DCJ. The grantee must retain the signed original on file as part of its records for the DOJ award. An DOJ recipient that executes and submits a certification that satisfies these requirements ordinarily may consider religion in hiring. Different rules may apply, however, if there is good reason to question the truthfulness of the certification, or if DCJ determines that it is necessary to restrict the recipient from considering religion in hiring to further a compelling government interest. (If DCJ makes such a determination, the DCJ may impose limitations that represent the least restrictive means of furthering the compelling government interest.) The rules that apply to subrecipients of DOJ awards that are faith-based organizations are similar, except that the subrecipient is to submit the required certification to the grantee. E. Overview of "Civil Rights Laws" [Same as years: 2022 - except as highlighted] Important "civil rights laws" that apply to all federal financial assistance -- and to all recipients and subrecipients of DOJ awards made in FY 2023, are these: Page 107 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 19 of 21 ● Section 601 of Title VI of the Civil Rights Act of 1964 (codified at 42 U.S.C. 2000d) o Statutory provision: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. o DOJ implementing regulation: Subparts C and D of 28 C.F.R. Part 42. ● Section 504 of the Rehabilitation Act of 1973 (codified at 29 U.S.C. 794) o Statutory provision: No otherwise qualified individual with a disability in the United States, as defined in [29 U.S.C. 705(20)], shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance[.] o DOJ implementing regulation: Subpart G of 28 C.F.R. Part 42. ● Section 901 of Title IX of the Education Amendments of 1972 (codified at 20 U.S.C. 1681) o Statutory provision: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance[.] o DOJ implementing regulations: Subpart D of 28 C.F.R. Part 42; 28 C.F.R Part 54. ● Section 303 of the Age Discrimination Act of 1975 (codified at 42 U.S.C. 6102) o Statutory provision: [N]o person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance. DOJ implementing regulation: Subpart I of 28 C.F.R. Part 42. 7. RECIPIENTS OF OVW GRANT DOLLARS ONLY A. Availability of general terms and conditions on OVW website [Same as years: 2019, 2020, 2021, 2022] The grantee agrees to follow the applicable set of general terms and conditions that are available at https://www.justice.gov/ovw/award-conditions. These do not supersede any specific conditions in this award document. B. Compliance with statutory and regulatory requirements [Same as years: 2018,2019, 2020, 2021, 2022] The grantee agrees to comply with all relevant statutory and regulatory requirements, which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of Page 108 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 20 of 21 2013, P.L. 113-4, the Omnibus Crime Control and Safe Streets Act of 1968, 34 U.S.C. §§ 10101 et seq., and OVW's implementing regulations at 28 C.F.R. Part 90. C. VAWA 2013 nondiscrimination condition [Same as years: 2018, 2019, 2020, 2021, 2022] The recipient acknowledges that 34 U.S.C. § 12291(b)(13) prohibits recipients of OVW awards from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by OVW. The recipient agrees that it will comply with this provision. The recipient also agrees to ensure that any subrecipients ("subgrantees") at any tier will comply with this provision. D. Confidentiality and information sharing [Same as years: 2018, 2019, 2020, 2021, 2022] The grantee agrees to comply with the provisions of 34 U.S.C. § 12291(b)(2), nondisclosure of confidential or private information, which includes creating and maintaining documentation of compliance, such as policies and procedures for release of victim information. The recipient also agrees to comply with the regulations implementing this provision at 28 CFR 90.4(b) and “Frequently Asked Questions (FAQs) on the VAWA Confidentiality Provision (34 U.S.C. § 12291(b)(2))” on the OVW website at https://www.justice.gov/ovw/resources-and-faqs-grantees. The grantee also agrees to ensure that all subrecipients ("subgrantees") at any tier meet these requirements. E. Activities that compromise victim safety and recovery and undermine offender accountability [Same as years: 2018, 2019, 2020, 2021, 2022] The recipient agrees that grant funds will not support activities that compromise victim safety and recovery or undermine offender accountability, such as: procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or sex of their children; procedures or policies that compromise the confidentiality of information and privacy of persons receiving OVW-funded services; procedures or policies that impose requirements on victims in order to receive services (e.g., seek an order of protection, receive counseling, participate in couples' counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.); procedures or policies that fail to ensure service providers conduct safety planning with victims; project design and budgets that fail to account for the access needs of participants with disabilities and participants who have limited English proficiency or are Deaf or hard of hearing; or any other activities outlined in the solicitation under which the approved application was submitted. F. Policy for response to workplace-related incidents of sexual misconduct, domestic violence, and dating violence [Same as years: 2020, 2021, 2022] The recipient, and any subrecipient at any tier, must have a policy, or issue a policy within 270 days of the award date, to address workplace-related incidents of sexual misconduct, domestic violence, and dating violence involving an employee, volunteer, consultant, or contractor. The details of this requirement are posted on the OVW web site at https://www.justice.gov/ovw/award-conditions (Award Condition: Policy for response to workplace-related sexual misconduct, domestic violence, and dating violence), and are incorporated by reference here. Page 109 of 319 Federal Awards issued from 2023 Federal Grant Funds Page 21 of 21 G. Termination or suspension for cause [Same as years: 2018, 2019, 2020, 2021, 2022] DCJ or the Director of OVW, upon a finding that there has been substantial failure by the recipient to comply with applicable laws, regulations, and/or the terms and conditions of the award or relevant solicitation, will terminate or suspend until DCJ or the Director is satisfied that there is no longer such failure, all or part of the award, in accordance with the provisions of 28 C.F.R. Part 18, as applicable mutatis mutandis. H. Compliance with solicitation requirements [Same as years: 2021, 2022] The recipient agrees that it must be in compliance with requirements outlined in the solicitation under which the approved application was submitted, the applicable Solicitation Companion Guide, and any program-specific frequently asked questions (FAQs) on the OVW website (https://www.justice.gov/ovw/resources-and-faqs-grantees). The program solicitation, Companion Guide, and any program specific FAQs are hereby incorporated by reference into this award. I. Subrecipient program income [Same as years: 2021, 2022] The recipient understands and agrees that it has responsibility for approval of program income earned by subrecipients. Program income, as defined by 2 C.F.R. 200.1, means gross income earned by a non- federal entity that is directly generated by a supported activity or earned as a result of the federal award during the period of performance. Without prior approval, program income must be deducted from total allowable costs to determine the net allowable costs. In order to add program income to a subaward, subrecipients must seek approval from the recipient prior to generating any program income. Any program income added to a subaward must be used to support activities that were approved in the budget and follow the conditions of the subaward agreement. Any program income approved by the recipient must be reported by the subrecipient to the recipient so that it is reported on the quarterly Program Income Financial Report (DCJ Form 1-B) in accordance with the addition alternative. If the program income amount changes (increases or decreases) during the project period, the recipient must provide approval by the end of the project period. Failure to comply with these requirements may result in audit findings for both the recipient and the subrecipient. J. Subrecipient product monitoring [Same as years: 2021, 2022] The recipient agrees to monitor subrecipients to ensure that materials and products (written, visual, or sound) developed with OVW formula grant program funding fall within the scope of the grant program and do not compromise victim safety. Page 110 of 319 Federal Awards issued from 2024 Federal Grant Funds Page 1 of 11 2024 FEDERAL REQUIREMENTS 1. Introduction 3 2. Applicability 3 3. Recipient 3 4. Ensuring Compliance of Subgrantees (subrecipients) 3 5. General Conditions 3 A. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2024) 3 B. Requirements of the award; remedies for non-compliance or for materially false statements 3 C. Effect of failure to address audit issues 4 D. Applicability of Part 200 Uniform Requirements 4 E. Compliance with DOJ Grants Financial Guide 5 F. Reporting potential fraud, waste, and abuse, and similar misconduct 5 G. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 5 H. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events 6 I. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 6 J. Determination of suitability to interact with participating minors 7 K. Requirement to disclose whether grantee is designated "high risk" by a federal grant-making agency 7 L. Encouragement of policies to ban text messaging while driving 7 M. Restrictions and certifications regarding non-disclosure agreements and related matters 8 N. Training Guiding Principles 9 O. Requirement to report potentially duplicative funding 9 P. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) 9 Q. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and DOJ or DCJ authority to terminate award) 9 R. Potential imposition of additional requirements 10 S. Requirement to report actual or imminent breach of personally identifiable information (PII) 10 T. Requirements related to System for Award Management and Universal Identifier Requirements/Unique Entity Identifiers 10 U. Restrictions on "lobbying" and policy development 11 V. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 11 6. Civil rights requirements associated with DOJ awards 11 Page 111 of 319 Federal Awards issued from 2024 Federal Grant Funds Page 2 of 11 1. INTRODUCTION [Same as year: 2023] Each year the Division of Criminal Justice (DCJ) performs a detailed assessment of the federal legal requirements to generate this exhibit. The DCJ has incorporated these notations into this document to call out differences from prior years. Minor changes that do not change the requirement, such as typographical errors or formatting will not be noted as a change. 2. APPLICABILITY [Same as years: 2020, 2021, 2022, 2023] The DCJ issues federal grants from two Department of Justice (DOJ) offices: the Office of Justice Programs (OJP) and the Office on Violence Against Women (OVW). All award conditions set out below apply to both OJP and OVW funded grants, with the exception of the conditions labeled as: “Recipients of OVW grant dollars only” or “Recipients of OJP grant dollars only”. References to the DOJ apply to both OJP and OVW funded grants. Individual awards will also include special conditions. Those additional conditions may relate to the particular statute, program, or solicitation under which the award is made; the substance of the funded application; the grantee's performance under other federal awards; the grantee's legal status (e.g., as a for-profit entity); or to other pertinent considerations. 3. RECIPIENT [Same as years: 2020, 2021, 2022, 2023] For the purposes of this document, the term “recipient” refers to the Legal Entity Name listed on the Division of Criminal Justice (DCJ) Grant Award Document issued to a grantee receiving federal grants funds from DCJ. The term “Recipient” and “Grantee” are interchangeable within this Exhibit. 4. ENSURING COMPLIANCE OF SUBGRANTEES (SUBRECIPIENTS) [Same as years: 2020, 2021, 2022, 2023] Grantee is responsible for notifying any subgrantee (subrecipient), issued under this grant, of all provisions herein. Grantee is responsible for monitoring any subgrantee (subrecipient) for compliance with all the provisions herein. 5. GENERAL CONDITIONS A. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2024) [Same as years: 2021, 2022, 2023 - except the year is updated annually in the OJP URL] The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2024, are set out at https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.htm, https://www.justice.gov/ovw/award-conditions, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a grantee (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the grantee is to contact DCJ for guidance, and may not proceed without the express prior written approval of DCJ. Page 112 of 319 Federal Awards issued from 2024 Federal Grant Funds Page 3 of 11 B. Requirements of the award; remedies for non-compliance or for materially false statements [Same as years: 2020, 2021, 2022, 2023] The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the grantee that relate to conduct during the period of performance also is a material requirement of this award. This paragraph applies to OJP Awards Only Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcem ent, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices -AwardReqts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the grantee, the grantee signature authority accepts all material requirements of the award, and specifically adopts, as if personally executed by the grantee signature authority, all assurances or certifications submitted by or on behalf of the grantee that relate to conduct during the period of performance. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Division of Criminal Justice (DCJ), Office of Justice Programs ("OJP") or Office on Violence Against Women (“OVW”) taking appropriate action with respect to the grantee and the award. Among other things, the Department of Justice “DOJ” may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, and DCJ also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or - unenforceable, such provision shall be deemed severable from this award. C. Effect of failure to address audit issues [Same as years: 2020, 2021, 2022, 2023] The grantee understands and agrees that the DCJ or the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DCJ or DOJ awarding agency) the grantee does not satisfacto rily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. Page 113 of 319 Federal Awards issued from 2024 Federal Grant Funds Page 4 of 11 D. Applicability of Part 200 Uniform Requirements [Same as years: 2020, 2021, 2022, 2023 - except in 2022 the definition expanded to include 200.337] The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award. For more information and resources on the Part 200 Uniform Requirements as they relate to DOJ awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the grantee (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of final Financial Report (DCJ Form 1A), unless a different retention period applies -- and to which the grantee (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334, 200.337. In the event that an award-related question arises from documents or other materials prepared or distributed by the DOJ that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the grantee is to contact DCJ promptly for clarification. E. Compliance with DOJ Grants Financial Guide [Same as years: 2020, 2021, 2022, 2023] The grantee agrees to comply with the current edition of the DOJ Grants Financial Guide as posted on the website, including any updated version that may be posted during the period of performance. References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. F. Reporting potential fraud, waste, and abuse, and similar misconduct [Same as years: 2020, 2021, 2022, 2023] The grantee and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. Page 114 of 319 Federal Awards issued from 2024 Federal Grant Funds Page 5 of 11 G. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 [Language is significantly different than prior years] The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (amended effective April 3, 2024). Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. These three paragraphs apply to OJP Awards Only: Part 38 also sets out rules and requirements that pertain to grantee and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to grantees and subrecipients that are faith-based or religious organizations. Grantees and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the l anguage in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil -rights-office/partnerships-faith-based-and-other- neighborhood-organizations. In certain instances, a faith-based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, please see https://www.ojp.gov/funding/explore/legaloverview2024/civilrightsrequirements. This paragraph applies to OVW Awards Only: Part 38 also sets out rules and requirements that relate to engaging in or conducting explicitly religious activities and requires that grantees and subrecipients that are social service providers provide written notice to beneficiaries or prospective bene ficiaries of certain protections as described in 28 C.F.R. 38.6(b). H. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events [Same as years: 2020, 2021, 2022, 2023] The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). This paragraph applies to OVW Awards Only: Page 115 of 319 Federal Awards issued from 2024 Federal Grant Funds Page 6 of 11 Additional information on the pertinent to this award appears on the OVW website at https://www.justice.gov/ovw/conference -planning. I. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 [Same as years: 2018, 2019, 2020, 2021, 2022, 2023 - the second paragraph was added in 2023] The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. This paragraph applies to OJP Awards Only: Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f) contain notice requirements that covered grantees must follow regarding the dissemination of information regarding federal nondiscrimination requirements. J. Determination of suitability to interact with participating minors [Same as years: 2021, 2022, 2023] This condition applies to awards that a purpose of some or all of the activities to be carried out under the award (whether by the grantee, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The grantee, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm and OVW web site at https://www.justice.gov/ovw/award-conditions (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. K. Requirement to disclose whether grantee is designated "high risk" by a federal grant -making agency [Same as years: 2020, 2021, 2022, 2023] If the grantee is designated "high risk" by a federal grant -making agency, currently or at any time during the course of the period of performance under this award, the grantee must disclose that fact and certain related information to DCJ. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the grantee's past performance, or other programmatic or financial concerns with the grantee. The grantee's disclosure must include the following: 1. The federal awarding agency that currently designates the grantee high risk, 2. The date the grantee was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. L. Encouragement of policies to ban text messaging while driving [Same as years: 2020, 2021, 2022, 2023] Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages grantees and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during Page 116 of 319 Federal Awards issued from 2024 Federal Grant Funds Page 7 of 11 the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. M. Restrictions and certifications regarding non-disclosure agreements and related matters [Same as years: 2020, 2021, 2022, 2023] No grantee or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the grantee — a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the grantee does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that-- (1) it has determined that no other entity that the grantee's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherw ise restrict (or purport Page 117 of 319 Federal Awards issued from 2024 Federal Grant Funds Page 8 of 11 to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and wi ll resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. N. Training Guiding Principles [Same as years: 2020, 2021, 2022, 2023] Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with DOJ award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm , or the OVW Training Guiding Principles for Grantees and Subgrantees, available at https://www.justice.gov/ovw/resources -and-faqs-grantees#Discretionary. O. Requirement to report potentially duplicative funding [Same as years: 2020, 2021, 2022, 2023] If the grantee currently has other active awards of federal funds, or if the grantee receives any other award of federal funds during the period of performance for this award, the grantee promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify DCJ in writing of the potential duplication, and, if so requested by DCJ, must seek a budget-modification and change-of-project to eliminate any inappropriate duplication of funding. P. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) [Same as years: 2020, 2021, 2022, 2023] The grantee (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The grantee also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the grantee is to contact the DCJ for guidance. Q. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and DOJ or DCJ authority to terminate award) [Same as years: 2021, 2022, 2023] The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of grantees, subrecipients ("subgrantees"), or Page 118 of 319 Federal Awards issued from 2024 Federal Grant Funds Page 9 of 11 individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the grantee's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct -Trafficking.htm and the OVW web site at https://www.justice.gov/ovw/award-conditions (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and DOJ authority to terminate award)), and are incorporated by reference here. R. Potential imposition of additional requirements [Same as years: 2020, 2021, 2022, 2023] The grantee agrees to comply with any additional requirements that may be imposed by the DCJ and/or DOJ (OJP or OVW, as appropriate) during the period of performance for this award, if the grantee is designated as "high-risk" for purposes of the DOJ high-risk grantee list. S. Requirement to report actual or imminent breach of personally identifiable information (PII) [Same as years: 2018, 2019, 2020, 2021, 2022, 2023 - except the 2 CFR citation was updated to 200.1 in 2022] The grantee (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an DOJ grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The grantee's breach procedures must include a requirement to report actual or imminent breach of PII to DCJ no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. T. Requirements related to System for Award Management and Universal Identifier Requirements/Unique Entity Identifiers [Same as years: 2020, 2021, 2022 - except OVW language changed in 2022 and 2023] The grantee must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/SAM/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The grantee also must comply with applicable restrictions on subawards (“subgrants”) to first -tier subrecipients (first-tier “subgrantees”), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the grantee’s obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). This paragraph applies to OVW Awards Only: The grantee must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to Page 119 of 319 Federal Awards issued from 2024 Federal Grant Funds Page 10 of 11 the performance of) either this OVW award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OVW awards are required to report information about such proceedings, throu gh the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system. The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings within SAM are posted on the OVW website at https://www.justice.gov/ovw/award-conditions (titled "Award Condition: Recipient Integrity and Performance Matters, including Recipient Reporting in SAM") and are incorporated by reference here. U. Restrictions on "lobbying" and policy development [Same as years: 2018, 2019, 2020, 2021, 2022 - except as highlighted] In general, as a matter of federal law, federal funds awarded by DOJ may not be used by the grantee, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Recipients of OVW grant dollars only: The recipient, or any subrecipient ("subgrantee") may, however, use federal funds to collaborate with and provide information to federal, state, local, tribal and territorial public officials and agencies to develop and implement policies and develop and promote state, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking (as those terms are defined in 34 U.S.C. § 12291(a)) when such collaboration and provision of information is consistent with the activities otherwise authorized under this grant program. Another federal law generally prohibits federal funds awarded by DOJ from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an offi cial or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact DCJ for guidance, and may not proceed without the express pri or written approval of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate). V. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 [Same as years: 2018, 2019, 2020, 2021, 2022] The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Page 120 of 319 Federal Awards issued from 2024 Federal Grant Funds Page 11 of 11 6. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH DOJ AWARDS The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW). Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation - Act of 1973, require recipients of federal financial assistance (grantees) to give assurances that they will comply with those laws. Taken together, these and other civil rights laws prohibit grantees from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the basis of age. Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs. OCR provides technical assistance, training, and other resources to help grantees comply with civil rights obligations. Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the s ubject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner. For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical assistance, training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach. If you would like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCR@ojp.usdoj.gov or www.ojp.gov/program/civil-rights-office/about#ocr-contacts. Reach out to your DCJ grant manager if you have any questions. Page 121 of 319 2025 State Controller Federal Provisions 2025 State Controller Federal Provisions 1. Applicability of Provisions. 1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall control. These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of higher education. 2. Definitions. 2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below. For a full list of definitions (as of October 1, 2024) under the Uniform Guidance, see 2 CFR 200.1 2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth the terms and conditions of that financial assistance, that a non-Federal Entity receives or administers. 2.1.2. “Entity” means: 2.1.2.1. a non-federal entity; 2.1.2.2. a non-profit organization or for profit organization; 2.1.3. “Executive” means an officer, managing partner or any other employee in a management position. 2.1.4. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR 200.1 2.1.5. “Grant” means the Grant to which these Federal Provisions are attached. 2.1.6. “Grantee” means the party or parties identified as such in the Grant to which these Federal Provisions are attached. Grantee also means Subrecipient. Page 122 of 319 2025 State Controller Federal Provisions 2.1.7. “Non-Federal Entity” means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal Award as a Recipient or a Subrecipient. 2.1.8. “Nonprofit Organization” organization, that: 2.1.8.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; 2.1.8.2. Is not organized primarily for profit; and 2.1.8.3. Uses net proceeds to maintain, improve, or expand the organization’s operations; and 2.1.8.4. Is not an IHE. 2.1.9. “OMB” means the Executive Office of the President, Office of Management and Budget. 2.1.10. “Pass-through Entity” means a recipient or subrecipient that provides a Subaward to a Subrecipient (including lower tier subrecipients) to carry out part of a Federal program. The authority of the pass-through entity under this part flows through the Subaward agreements between the pass-through entity and subrecipient. 2.1.11. “Recipient” means the Colorado State agency or institution of higher education identified as the Grantor in the Grant to which these Federal Provisions are attached. 2.1.12. “Subaward” means an award provided by a pass-through entity to a Subrecipient to contribute to the goals and objectives of the project by carrying out part of a Federal award received by the pass-through entity. The term does not include payments to a contractor, beneficiary or participant. 2.1.13. “Subrecipient” means an entity that receives a subaward from a pass - through entity to carry out part of a Federal award. The term subrecipient does not include a beneficiary or participant. A subrecipient may also be a recipient of other Federal awards d irectly from a Federal agency. Subrecipient also means Grantee. Page 123 of 319 2025 State Controller Federal Provisions 2.1.14. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. 2.1.15. “Total Compensation” means the cash and noncash dollar value an Executive earns during the entity’s preceding fiscal year. This includes all items of compensation as prescribed in 17 CFR 229.402(c)(2). 2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. 2.1.17. “Unique Entity ID” (UEI) is the universal identifier for federal financial assistance applicants, as well as recipients and their direct subrecipients (first tier subrecipients). 2.1.18. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 3. Compliance. 3.1. Subrecipient shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and all applicable Federal Laws and regulations required by this Federal Award. Any revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado, at its discretion, may provide written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 4. System for Award Management (SAM) and Unique Entity ID Requirements. 4.1. SAM. Subrecipient must obtain a UEI but are not required to fully register in Sam.gov. Subrecipient shall maintain the currency of its information in SAM until the Subrecipient submits the final financial report required under the Page 124 of 319 2025 State Controller Federal Provisions Award or receives final payment, whichever is later. Subrecipient shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 4.2. Unique Entity ID. Subrecipient shall provide its Unique Entity ID to its Recipient, and shall update Subrecipient’s information at http://www.sam.gov at least annually after the initial registration, and more frequently if required by changes in Subrecipient’s information. 5. Total Compensation. 5.1. Subrecipient shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and 5.1.2. In the preceding fiscal year, Subrecipient received: 5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 6. Reporting. 6.1. Pursuant to the Transparency Act, Subrecipient shall report data elements to SAM and to the Recipient as required in this Exhibit. No direct payment shall be made to Subrecipient for providing any reports required under these Federal Page 125 of 319 2025 State Controller Federal Provisions Provisions and the cost of producing such reports shall be included in the Grant price. The reporting requirements in this Exhibit are based on guidance from the OMB, and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Grant and shall become part of Subrecipient’s obligations under this Grant. 7. Effective Date and Dollar Threshold for Reporting. 7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $30,000, the Award shall continue to be subject to the reporting requirements. 7.2. The procurement standards in §9 below are applicable to new Awards made by Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years beginning on or after December 26, 2014. 8. Subrecipient Reporting Requirements. 8.1. Subrecipient shall report as set forth below. 8.1.1. To Recipient. A Subrecipient shall report the following data elements in SAM for each Federal Award Identification Number (FAIN) assigned by a Federal agency to a Recipient no later than the end of the month following the month in which the Subaward was made: 8.1.1.1. Subrecipient Unique Entity ID; 8.1.1.2. Subrecipient Unique Entity ID if more than one electronic funds transfer (EFT) account; 8.1.1.3. Subrecipient parent’s organization Unique Entity ID; 8.1.1.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and Congressional District; Page 126 of 319 2025 State Controller Federal Provisions 8.1.1.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met; and Subrecipient’s Total Compensation of top 5 most highly compensated Executives if the criteria in §4 above met. 8.1.1.6. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip Code +4, and Congressional District. 8.1.2. The Recipient is required to submit this information to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at http://www.frsrs.gov. 9. Procurement Standards. 9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through 200.327 thereof. 9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. 9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision of the State, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or Page 127 of 319 2025 State Controller Federal Provisions the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 9.4. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to the regulations implementing “Never contract with the enemy” in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered contracts, grants and cooperative agreements that are expected to exceed $50,000 during the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 9.5. Prohibition on certain telecommunications and video surveillance equipment or services (2 CFR 200.216). Subrecipient is prohibited from obligating or expending loan or grant funds on certain telecommunications and video surveillance services or equipment pursuant to 2 CFR 200.216. 10. Access to Records. 10.1. A Subrecipient shall permit Recipient and its auditors to have access to Subrecipient’s records and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.332 (Requirements for pass -through entities), 2 CFR 200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Modification to period of performance), 2 CFR 200.337 (Access to Records) and Subpart F-Audit Requirements of the Uniform Guidance. 10.2. A Subrecipient must collect, transmit, and store information related to this Subaward in open and machine-readable formats (2 CFR 200.336). 11. Single Audit Requirements. 11.1. If a Subrecipient expends $1,000,000 or more in Federal Awards during the Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued Page 128 of 319 2025 State Controller Federal Provisions pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501. 11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordance with 2 CFR 200.507 (Program-specific audits). The Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program’s statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program-specific audit. 11.1.2. Exemption. If a Subrecipient expends less than $1,000,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. 11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Subpart F-Audit Requirements. 12. Required Provisions for Subrecipient with Subcontractors. 12.1. In addition to other provisions required by the Federal Awarding Agency or the Recipient, Subrecipients shall include all of the following applicable provisions; Page 129 of 319 2025 State Controller Federal Provisions 12.1.1. For agreements with Subrecipients – Include the terms in the Grant Federal Provisions Exhibit (this exhibit) 12.1.2. For contracts with Subcontractors – Include the terms in the Contract Federal Provisions Exhibit. 13. Certifications. 13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR 200.415. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. 14. Exemptions. 14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 14.2. A Subrecipient with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 15. Event of Default and Termination. 15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity. 15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows: Page 130 of 319 2025 State Controller Federal Provisions 15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to comply with the terms and conditions of a Federal Award; 15.2.2. By the Federal awarding agency or Pass-through Entity with the consent of the Non-Federal Entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 15.2.3. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-through Entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass-through Entity determines in the case of partial termination that the reduced or modified portion of the Federal Award or Subaward will not accomplish the purposes for which the Federal Award was made, the Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its entirety; or 15.2.4. By the Federal Awarding Agency or Pass-through Entity pursuant to termination provisions included in the Federal Award 16. Additional Federal Requirements. 16.1. Whistle Blower Protections 16.1.1. An employee of a subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. 4712. See statutory requirements for whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and 10 U.S.C. 4310. Page 131 of 319 2022 – Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions 15POVC-21-GG-00614-ASSI Page 1 of 4 09/16/2021 2022 – Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions The following program specific requirements are imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. These requirements apply to this Agreement and must be passed on to subgrant award recipients. A. Grantee Organizational Eligibility Requirements: Victims of Crime Act (VOCA) establishes eligibility criteria that must be met by all organizations that receive VOCA funds. These funds are to be awarded to grantees only for providing services to victims of crime through their staff. Each grantee organization shall meet the following requirements: 1. Public or Non-profit Organization: To be eligible to receive VOCA funds, organizations must be operated by a public or nonprofit organization, or a combination of such organizations, and provide services to crime victims. 2. Record of Effective Services to Victims of Crime and Financial Support from Sources other than VOCA: Demonstrate a record of providing effective services to crime victims and financial support from sources other than the VOCA fund. This includes having the support and approval of its direct services by the community, having a history of providing direct services in a cost-effective manner and the breadth or depth of its financial support comes from sources other than the VOCA fund. 3. Substantial Financial Support from Sources Other than the Crime Victims Fund (New Programs): Those programs that have not yet demonstrated a record of providing effective services to crime victims may be eligible to receive VOCA funding if it has substantial financial support from sources other than the Crime Victims Fund (VOCA). Substantial financial support is when at least 25% of the program’s funding in the year of, or the year preceding the award comes from other sources, which may include other federal funding programs. If the funding is non-federal (or meets the DOJ Grants Financial Guide exceptions for using federal funds for match), then a program may count the used funding toward its match requirement. 4. Project Match Requirements: [Only Applicable if Match is indicated on the Cover Page] The purpose of matching contributions is to increase the amount of resources available to the projects supported by grant funds. Matching contributions of 20% (cash or in-kind) of the total cost of each VOCA project (VOCA project = VOCA grant plus match), are required for each VOCA-funded project and must be derived from non-federal sources, except as provided in the DOJ Grants Financial Guide, effective edition (Part III. Post Award Requirements, Chapter 3. Matching or Cost Sharing). All funds designated as match are restricted to the same uses as the VOCA victim assistance funds and must be expended within the grant period. Match must be provided on a project-by-project basis. Any deviation from this policy must be approved by the federal Office for Victim of Crime. 5. Volunteers: Programs are required to use volunteers in order to be eligible to receive VOCA funds. The state may waive this requirement, provided the programs submits written Page 132 of 319 2022 – Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions 15POVC-21-GG-00614-ASSI Page 2 of 4 09/16/2021 documentation of its efforts to recruit and maintain volunteers, or otherwise demonstrate why circumstances prohibit the use of volunteers to the satisfaction of the state. 6. Promote Community Efforts to Aid Crime Victims. Coordinated public and private efforts to aid crime victims may include, but are not limited to, serving on federal, state, local or tribal work groups to oversee and recommend improvements to community responses to crime victims, and developing written agreements and protocols for such responses. 7. Help Victims Apply for Compensation Benefits. Such assistance may include, but is not limited to, referring potential recipients to an organization that can assist, identifying crime victims and advising them of the availability of compensation benefits, assisting potential recipients with application forms and procedures, obtaining necessary documentation, monitoring claim status, and intervening on behalf of potential recipients with the crime victims’ compensation program. 8. Does not discriminate against victims because they disagree with the way the state is prosecuting the criminal case. B. Crime Victims Services (CVS) Requirements: 1. Future funding: The capacity for CVS grant funds to provide future dollars for projects is undetermined at this time. 2. Grantee Agency shall notify the Division of Criminal Justice (DCJ) if the agency has obtained funding for a specific (CVS) funded position that totals more than 100% of the cost for that position. The agency must resolve the allocation of funds to the satisfaction of DCJ. 3. Grantee agency must notify DCJ immediately in writing, in the method determined by DCJ of: • any CVS grant funded personnel changes; • any CVS grant funded position that is vacant more than 45 days; • any change of an Official and/or employee who is listed as a responsible party on this CVS grant funded project. 4. State Confidentiality of Victims Information: The Grantee certifies that the signing authorities, all staff and volunteers assigned to the project have read and understand, state laws and applicable rules of professional conduct related to issues of confidentiality and privilege, particularly with respect to releasing identifying information about victims of crime, including, but not limited to, those found in C.R.S. 13-90-107. 5. Colorado Victim Rights Act (Applies to Government Agencies only): The Grantee Agency assures that Grant signatories, all staff and volunteers assigned to the funded project have read and understand the rights afforded to crime victims pursuant to 24-4.1-302.5 C.R.S., and the services delineated pursuant to 24-4.1-303 and 24-4.1-304 C.R.S. commonly known as the Victim Rights Act, and enabling legislation. Page 133 of 319 2022 – Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions 15POVC-21-GG-00614-ASSI Page 3 of 4 09/16/2021 C. Victims of Crime Act (VOCA) Requirements for Grantees: This grant award provides funds from the Crime Victims Fund to enhance State Victim Assistance payments to eligible crime victims. Victims of Crime Act (VOCA) Assistance funds provide financial assistance to Federal and State victims of crime. 1. All grantees of funding under this award must assist the Office of Justice Programs (OJP) in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subrecipient or third party. Accordingly, prior to obligating funds for any of the activities specified below, the grantee must first ensure compliance with OJP NEPA procedures. The specified activities requiring environmental analysis are: (1) New construction (2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain, a wetland, or habitat for an endangered species (3) A renovation that will change the basic prior use of a facility or significantly change its size (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment (5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure of clandestine methamphetamine laboratories) Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by OJP. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. For more information about NEPA requirements, including which projects may qualify for categorical exclusions, and the preparation of an environmental review documents, please see https://ceq.doe.gov/docs/get-involved/citizens-guide-to-nepa-2021.pdf Questions about this determination may be directed to DCJ. 2. VOCA Requirements The grantee assures that the State and its subrecipients will comply with the conditions of the Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 34 U.S.C. 20103(a)(2) and (b)(1) and (2) (and the applicable program guidelines and regulations), as required. Specifically, the State certifies that funds under this award will: a) be awarded only to eligible victim assistance organizations, 34 U.S.C. 20103(a)(2); Page 134 of 319 2022 – Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions 15POVC-21-GG-00614-ASSI Page 4 of 4 09/16/2021 b) not be used to supplant State and local public funds that would otherwise be available for crime victim assistance, 34 U.S.C. 20103(a)(2), or for administering the state victim assistance program, 34 U.S.C. 20110(h); and c) be allocated in accordance with program guidelines or regulations implementing 34 U.S.C. 20103(a)(2)(A) and 34 U.S.C. 20103(a)(2)(B) to, at a minimum, assist victims in the following categories: sexual assault, child abuse, domestic violence, and underserved victims of violent crimes as identified by the State. 3. Discrimination Findings The grantee assures that in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the ground of race, religion, national origin, sex, or disability against a recipient of victim assistance formula funds under this award, the grantee will forward a copy of the findings to the Division of Criminal Justice (DCJ). 4. The grantee agrees to submit a Subgrant Award Report (SAR) part 2 (or other required grant management system forms) to the Division of Criminal Justice within 30 days of receiving an award, or when requested by DCJ. 5. Demographic Data The grantee assures that its subgrantees will collect and maintain information on race, sex, national origin, age, and disability of victims receiving assistance, where such information is voluntarily furnished by the victim. Page 135 of 319 2023 – Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions - 15POVC-23-GG-00390-ASSI Page 1 of 2 2023 – Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions Federal Award Number: 15POVC-23-GG-00390-ASSI A. VOCA Programmatic Requirements 1. Volunteers: Programs are required to use volunteers in order to be eligible to receive VOCA funds. The state may waive this requirement, provided the programs submits written documentation of its efforts to recruit and maintain volunteers, or otherwise demonstrate why circumstances prohibit the use of volunteers to the satisfaction of the state. 2. Help Victims Apply for Compensation Benefits. Such assistance may include, but is not limited to, referring potential recipients to an organization that can assist, identifying crime victims and advising them of the availability of compensation benefits, assisting potential recipients with application forms and procedures, obtaining necessary documentation, monitoring claim status, and intervening on behalf of potential recipients with the crime victims’ compensation program. 3. The grantee agrees to submit a Subgrant Award Report (SAR) part 2 (or other required grant management system forms) to the Division of Criminal Justice within 30 days of receiving an award, or when requested by DCJ. 4. Demographic Data The grantee and their subgrantees (if applicable) assure() that they will collect and maintain demographic and service delivery information for victims receiving assistance, where such information is voluntarily furnished by the victim, in accordance with federal data reporting requirements.. B. Victims of Crime Act (VOCA) Requirements for Grantees: This grant award provides funds from the Crime Victims Fund to enhance State Victim Assistance payments to eligible crime victims. Victims of Crime Act (VOCA) Assistance funds provide financial assistance to Federal and State victims of crime. 1. All grantees of funding under this award must assist the Office of Justice Programs (OJP) in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the gran tee or by a subrecipient or third party. Accordingly, prior to obligating funds for any of the activities specified below, the grantee must first ensure compliance with OJP NEPA procedures. The specified activities requiring environmental analysis are: (1) New construction (2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain, a wetland, or habitat for an endangered species Page 136 of 319 2023 – Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions - 15POVC-23-GG-00390-ASSI Page 2 of 2 (3) A renovation that will change the basic prior use of a facility or significantly change its size (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment (5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure of clandestine methamphetamine laboratories) Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by OJP. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation P lan will be required. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. For more information about NEPA requirements, including which projects may qualify for categorical exclusions, and the preparation of an environmental review documents, please see https://ceq.doe.gov/docs/get-involved/citizens-guide-to-nepa-2021.pdf Questions about this determination may be directed to DCJ. 2. VOCA Requirements The grantee assures that the State and its subrecipients will comply with the conditions of the Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 34 U.S.C. 20103(a)(2) and (b)(1) and (2) (and the applicable program guidelines and regulations), as required. Specifically, the State certifies that funds under this award will: a) be awarded only to eligible victim assistance organizations, 34 U.S.C. 20103(a)(2); b) not be used to supplant State and local public funds that would otherwise be available for crime victim assistance, 34 U.S.C. 20103(a)(2), or for administering the state victim assistance program, 34 U.S.C. 20110(h); and c) be allocated in accordance with program guidelines or regulations implementing 34 U.S.C. 20103(a)(2)(A) and 34 U.S.C. 20103(a)(2)(B) to, at a minimum, assist victims in the following categories: sexual assault, child abuse, domestic violence, and underserved victims of violent crimes as identified by the State. 3. Discrimination Findings The grantee assures that in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the ground of race, religion, national origin, sex, or disability against a recip ient of victim assistance formula funds under this award, the grantee will forward a copy of the findings to the Division of Criminal Justice (DCJ). Page 137 of 319 2024 – Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions Page 1 of 4 2024 – Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions A. VOCA Programmatic Requirements: 1. Volunteers: Programs are required to use volunteers in order to be eligible to receive VOCA funds. The state may waive this requirement, provided the programs submits written documentation of its efforts to recruit and maintain volunteers, or otherwise demonstrate why circumstances prohibit the use of volunteers to the satisfaction of the state. 2. Help Victims Apply for Compensation Benefits. Such assistance may include, but is not limited to, referring potential recipients to an organization that can assist, identifying crime victims and advising them of the availability of compensation benefits, assisting potential recipients with application forms and procedures, obtaining necessary documentation, monitoring claim status, and intervening on behalf of potential recipients with the crime victims’ compensation program. 3. The grantee agrees to submit a Subgrant Award Report (SAR) part 2 (or other required grant management system forms) to the Division of Criminal Justice within 30 days of receiving an award, or when requested by DCJ. 4. Demographic Data The grantee and their subgrantees (if applicable) assure(s) that they will collect and maintain demographic and service delivery information for victims receiving assistance, where such information is voluntarily furnished by the victim, in accordance with federal data reporting requirements. B. Victims of Crime Act (VOCA) Requirements for Grantees: The following program specific requirements are imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. These requirements apply to this Agreement and must be passed on to subgrant award recipients. 1. All grantees of funding under this award must assist the Office of Justice Programs (OJP) in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subrecipient or third party. Accordingly, prior to obligating funds for any of the activities specified below, the grantee must first ensure compliance with OJP NEPA procedures. The specified activities requiring environmental analysis are: (1) New construction (2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain, a wetland, or habitat for an endangered species (3) A renovation that will change the basic prior use of a facility or significantly change its size (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment (5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure of clandestine methamphetamine laboratories) Page 138 of 319 2024 – Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions Page 2 of 4 Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by OJP. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. For more information about NEPA requirements, including which projects may qualify for categorical exclusions, and the preparation of an environmental review documents, please see https://ceq.doe.gov/docs/get-involved/citizens-guide-to-nepa-2021.pdf Questions about this determination may be directed to DCJ. 2. Meaningful access requirement for individuals with limited English proficiency The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to their programs and activities to comply with Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of national origin, including discrimination against individuals with LEP. Such steps may require providing language assistance services, such as interpretation or translation services. The Department o f Justice guidance on compliance with this requirement may be found at "Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455-41472) (https://www.federalregister.gov/d/02- 15207) and is incorporated by reference here. 3. Requirements related to "de minimis" indirect cost rate A grantee that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise DCJ in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements . 4. Employment eligibility verification for hiring under the award a. The grantee (and any subrecipient at any tier) must-- i. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the grantee (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). ii. Notify all persons associated with the grantee (or any subrecipient) who are or will be involved in activities under this award of both-- 1. this award requirement for verification of employment eligibility, and 2. the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. iii. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). iv. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I -9 record retention requirements, as well as records of all pertinent notifications and trainings. Page 139 of 319 2024 – Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions Page 3 of 4 b. Monitoring The grantee's monitoring responsibilities include monitoring of subrecipient compliance with this condition. c. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. d. Rules of construction i. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all grantee (or any subrecipient) officials or other staff who are or will be involved in the hiring pro cess with respect to a position that is or will be funded (in whole or in part) with award funds. ii. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the grantee (or any subrecipient) may choose to participate in, and use, E-Verify (www.everify.gov), provided an appropriate person authorized to act on behalf of the grantee (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. iii. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. iv. Nothing in this condition shall be understood to authorize or require any grantee, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. v. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any grantee, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E -Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E- Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to DCJ, before award acceptance. 5. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to DOJ awards (that is, DOJ grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in Page 140 of 319 2024 – Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions Page 4 of 4 award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 6. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- DOJ considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post- award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 7. Compliance with restrictions on the use of federal funds - prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the grantee, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment list.” The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited -and-controlled-equipment (Award condition: Compliance with restrictions on the use of federal funds: Prohibited and Controlled Equipment under OJP awards), and are incorporated by reference here. 8. The grantee, and any subrecipient ("subgrantee") at any tier, must receive approval from DCJ prior to issuing a subaward or a procurement contract under this award. 9. Discrimination Findings The grantee assures that in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the ground of race, religion, national origin, sex, or disability against a recipient of victim assistance formula funds under this award, the grantee will forward a copy of the findings to DCJ. 10. VOCA Requirements The grantee assures that it and its subrecipients will comply with the conditions of the Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 34 U.S.C. 20103(a)(2) and (b)(1) and (2) (and the applicable program guidelines and regulations), as required. Specifically, the State certifies that funds under this award will: a. be awarded only to eligible victim assistance organizations, 34 U.S.C. 20103(a)(2); b. not be used to supplant State and local public funds that would otherwise be available for crime victim assistance, 34 U.S.C. 20103(a)(2), or for administering the state victim assistance program, 34 U.S.C. 20110(h); and c. be allocated in accordance with program guidelines or regulations implementing 34 U.S.C. 20103(a)(2)(A) and 34 U.S.C. 20103(a)(2)(B) to, at a minimum, assist victims in the following categories: sexual assault, child abuse, domestic violence, and underserved victims of violent crimes as identified by the State. Page 141 of 319 Page 1 of 2 DCJ30_v12 (Rev. 02/20) COLORADO DIVISION OF CRIMINAL JUSTICE CERTIFICATION OF COMPLIANCE WITH REGULATIONS OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF JUSTICE (DCJ FORM 30) INSTRUCTIONS: Complete the table below with information found in the Grant Agreement. Read the form completely, identify the person responsible for reporting civil rights findings, certify that the required Civil Rights training has been completed by the Project Director; and check only one certification under “II” that applies to your agency. Have your Signature Authority sign at the bottom of page 2, forward a copy to the person identified as being responsible for reporting civil rights findings and return the original to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO 80215, within 45 days of the grant award beginning date. PROJECT DIRECTOR: P HONE: SIGNATURE AUTHORITY’S CERTIFICATION: As the Signature Authority for the above Grantee, I certify, by my signature on page two (2), that I have read and am fully cognizant of our duties and responsibilities under this Certification. I. REQUIREMENTS OF GRANT RECIPIENTS: All grant recipients (regardle ss of the type of entity or the amount awarded) are subject to prohibitions against discrimination in any program or activity, and must take reasonable steps to provide meaningful access for persons with limited English proficiency. I certify that this agency will maintain data (and submit when required) to ensure that: our services are delivered in an equitable manner to all segments of the service population; our employment practices comply with Equal Opportunity Requirements, 28 CFR 42.207 and 42.301 et seq.; our projects and activities provide meaningful access for people with limited English proficiency as required by Title VI of the Civil Rights Act, (See also, 2000 Executive Order #13166). I also certify that the person in this agency or unit of government who is responsible for reporting civil rights findings of discrimination will submit these findings, if any, to the Division of Criminal Justice within 45 days of the finding, and/or if the finding occurred prior to the grant award beginning date, within 45 days of the grant award beginning date. Person responsible for reporting civil rights findings of discrimination: (Name, address, phone & email) I acknowledge that I viewed all of the trainings on Civil Rights available on DCJ’s website at https://www.colorado.gov/pacific/dcj/civil-rights-requirements. I accept responsibility for ensuring that project staff understands their responsibilities as outlined in the presentations. I understand that if I have any questions about the material presented and my responsibilities as a grantee that I will contact my grant manager. ____________________________________________________ ________________________ PROJECT DIRECTOR SIGNATURE DATE Page 142 of 319 Page 2 of 2 DCJ30_v12 (Rev. 02/20) DCJ FORM 30: CERTIFICATION OF COMPLIANCE WITH REGULATIONS, OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF JUSTICE (Continued) II. EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) CERTIFICATIONS: Check the b ox before ONLY ONE APPROPRIATE CERTIFICATION (A, or B below) that applies to this grantee agency during the period of the grant duration noted above. CERTIFICATION "A" [Applicable, if (1), (2) or (3), below, apply.] This is the Certification that most non-profits and small agencies will use. Check all that apply to your entity. This funded entity: ___ (1) is an educational, medical or non-profit organization or an Indian Tribe; ___ (2) has less than 50 employees; ___ (3) was awarded through this single grant award from the Colorado Division of Criminal Justice less than $25,000 in federal U.S. Department of Justice funds. Therefore, I hereby certify that this funded entity is not required to maintain an EEOP, pursuant to 28 CFR §42.302, but is required to submit a Certification (https://ojp.gov/about/ocr/eeop.htm). CERTIFICATION "B" (Applicable to all entities that do not qualify for Certification “A” above) This funded entity, as a for-profit entity or a state or local government having 50 or more employees (counting both full- and part-time employees but excluding political appointees) and is receiving, through this single grant award from the Colorado Division of Criminal Justice, more than $25,000, in federal U.S. Department of Justice funds. Therefore, I hereby certify that the funded entity will prepare and submit an EEOP and Certification at https://ojp.gov/about/ocr/eeop.htm , within 60 days of the award. The EEOP shall be submitted in accordance with 28 CFR §42, subpart E, to Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice that will include a section specifically analyzing the grantee (implementing) agency. (If you have already submitted an EEOP applicable to this time period, send a copy of the letter received from the Office for Civil Rights showing that your EEOP is acceptable.) As the Signature Authority for the above grantee, I certify, by my signature below, that I have read and am fully cognizant of our duties and responsibilities under this Certification. I, hereby, also certify that the content of this form, other than the data entry required, has not been altered. ____________________________________________________ ________________________ SIGNATURE AUTHORITY SIGNATURE DATE _____________________________________________________ _________________________________________ TYPED NAME TITLE * * * * * * * * * * This signed form must be returned to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO 80215, within 45 days of the grant award beginning date. You must also forward a s igned copy to the person identified in the box above. Page 143 of 319 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Blair Corning, Pieter Van Ry DEPARTMENT: SPR DATE: December 1, 2025 SUBJECT: CB 64 - South Platte Renew CDPHE PFAS Grant - Intergovernmental Agreement DESCRIPTION: Intergovernmental Agreement (IGA) between the Cities of Littleton and Englewood (Cities) and the Colorado Department of Public Health & Environment (CDPHE) for a per- and polyfluoroalkyl substances (PFAS) Grant award, in the amount of $100,000. RECOMMENDATION: South Platte Renew (SPR), owned by the cities of Littleton and Englewood, recommends that Englewood City Council approve by ordinance the Intergovernmental Agreement (IGA) between the Cities of Littleton and Englewood (Cities) and the Colorado Department of Public Health & Environment (CDPHE) for a per- and polyfluoroalkyl substances (PFAS) Grant award, in the amount of $100,000. The SPR Supervisory Committee approved the IGA and made a recommendation to seek Littleton and Englewood City Council consideration, during the September Supervisory Committee meeting held on Thursday, September 25, 2025. PREVIOUS COUNCIL ACTION: N/A SUMMARY: PFAS are a group of chemicals found in many personal care and household products that make products resistant to water, grease, stains, and heat. SPR passively receives PFAS through wastewater from homes, commercial facilities, and industrial dischargers. As such, PFAS can be present in biosolids. Currently, SPR’s Beneficial Use Program land applies biosolids, a nutrient-rich soil amendment, on farmland near Byers, Colorado. Biosolids act as a natural fertilizer to grow crops. As the Environmental Protection Agency (EPA) and CDPHE have begun recently issuing guidance surrounding PFAS in biosolids, SPR has been actively engaged in monitoring PFAS levels in SPR-produced biosolids. In 2023, CDPHE developed an interim strategy to address PFAS in biosolids requiring SPR to monitor biosolids for PFAS every other month. The interim strategy includes additional source assessment requirements if data exceeds a threshold level of 50ug/kg for PFOS, one of the many compounds of PFAS. All of SPR’s data to date has been below this threshold level, at a range of approximately 5-20 ug/kg. Page 144 of 319 In January 2025, EPA released a draft risk assessment for PFAS exposure from biosolids. Several states have proposed or implemented policies related to land application of biosolids containing PFAS, and two states have banned the practice altogether. As of September 2025, Colorado has not issued any policies beyond the interim strategy discussed above. ANALYSIS: As part of SPR’s PFAS monitoring strategy, SPR applied for an Independent Environmental Study PFAS Grant from CDPHE to support the Biosolids Land Application – PFAS Transport and Risk Evaluation Project (Project). The goal of the Project is to increase understanding of PFAS presence, composition, and mobility potential in agriculture soils with historical land application of biosolids. This Project will provide data about land application of biosolids in agricultural fields in Colorado to help inform future policy and regulation related to land application. This Project also builds upon a longstanding partnership between Colorado State University (CSU) and SPR related to biosolids land application. This project will expand the existing data set (soil quality, moisture, and crop yield) to evaluate the presence and transport of PFAS associated with biosolids land application, through sampling and analysis of surface soil, shallow soil and porewater. The Project team will also evaluate existing data on groundwater and geology in the area to evaluate risk potential. In addition to partnering with CSU, SPR will collaborate with Brown and Caldwell (BC) on the Project. The Project will be co-funded by CDPHE and SPR. The grant award from CDPHE, in the amount of $100,000, will fund CSU activities, including field sampling and laboratory analysis. The sampling will occur on the CSU Test Plot on land owned by the Cities. SPR contributions, in the amount of $50,000, will fund the technical support provided by BC. The table below summarizes the project budget: CDPHE Grant Award SPR Contribution Total Project Budget $100,000 $50,000 $150,000 COUNCIL ACTION REQUESTED: Motion to approve by ordinance an Intergovernmental Agreement between the Cities of Littleton and Englewood and CDPHE for a PFAS Grant, in the amount of $100,000. FINANCIAL IMPLICATIONS: Funds for this grant are available in the 2025 South Platte Renew Professional Services Budget. Source of Funds Line Item Description Line Item Amount YTD Line Item Expensed Purchase Amount Contractual Professional Services $577,900 $167,582 $50,000 CONNECTION TO STRATEGIC PLAN: Infrastructure: Page 145 of 319  Support effective water renewal treatment, inform long-range financial planning, and ensure regulatory adherence ATTACHMENTS: Council Bill #64 Draft IGA between the Cities and CDPHE Sampling and Analysis Plan Approved SPR Supervisory Committee minutes from September 25, 2025 PowerPoint Presentation Page 146 of 319 1 ORDINANCE NO. COUNCIL BILL NO. 64 SERIES OF 2025 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT AND THE CITY OF LITTLETON FOR A PFAS GRANT AWARD WHEREAS, the City of Englewood (“Englewood”) jointly owns and operates the South Platte Renew (“SPR”), together with the City of Littleton (collectively, the “Cities”); and WHEREAS, the Colorado Department of Public Health & Environment (“CDPHE”) has awarded the Cities a Per- and Polyfluoroalkyl Substances (“PFAS”) Grant in the amount of $100,000 to support the Biosolids Land Application – PFAS Transport and Risk Evaluation Project (“Project”); and WHEREAS, the Cities and SPR have actively monitored PFAS concentrations in biosolids produced at SPR, and Colorado’s interim PFAS strategy requires continued monitoring, assessment, and research to support future regulatory decisions; and WHEREAS, the Project will expand ongoing research with Colorado State University and Brown and Caldwell to evaluate PFAS presence, migration potential, and associated risks in areas with historical biosolids land application; and WHEREAS, the SPR Supervisory Committee reviewed and approved the proposed Intergovernmental Agreement (“IGA”) at its meeting on September 25, 2025, and recommended that the Cities proceed with Council consideration and approval; and WHEREAS, the City Council finds that entering into the IGA is in the best interests of the City, promotes regulatory compliance, supports long-range biosolids management and PFAS research, and aligns with the City’s strategic priority of supporting effective water renewal treatment and infrastructure. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby approves the Intergovernmental Agreement between the Cities of Englewood and Littleton and the Colorado Department of Public Health & Environment for a PFAS Grant Award in the amount of $100,000, in substantially in the form accompanying this ordinance. Section 2. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged Page 147 of 319 2 by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance, and has the authority to correct formatting and/or typographical errors. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Page 148 of 319 Agreement Number: 2026*2057 Page 1 of 17 Version OSC A12.24/CDPHE A.1.28.25 STATE OF COLORADO INTERGOVERNMENTAL GRANT AGREEMENT DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Cover Page State Agency Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80246 Grantee: City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 Grantee UEI: N/A Grant Number 2026*2057 Grant Performance Beginning Date The later of the Effective date or September 17, 2025 Grant Agreement Maximum Amount Initial Term 09/17/2025-06/30/2027 $100,000.00 Grant Agreement Maximum Amt $100,000.00 Grant Agreement Expiration Date June 30, 2027 Except as stated in §2.D., the total duration of this Contract, including the exercise of any options to extend, shall not exceed five years from its Performance Beginning Date. Fund Expenditure End Date N/A Pricing/Funding Price Structure: Cost Reimbursement Contractor Shall Invoice: Quarterly Funding Source: State $100,000.00 If the funding source shows only non-federal funds, all references in this grant agreement to federal funds, federal awards, and federal awarding agency will not apply. Grant Authority FAIN & Short Description: N/A Federal Award Date: N/A Subaward Period of Performance: N/A Subaward Budget Period: N/A Total Federal Funds Obligated: N/A CFDA # & Title: N/A Solicitation Information: RFA 41164B. Representative for State John Duggan, Unit Manager Water Quality Control Division, Source Water & Emerging Contaminants Unit Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246 john.duggan@state.co.us Representative for Grantee Andrea Stucky Acob, Regulatory Specialist Data and Regulatory Program, South Platte Renew City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 Local Agency Representative: Pieter Van Ry 2nd State or Local Agency Representative: Blair Corning Grant Purpose This project will protect the public health from certain hazardous substances by reducing the risk of exposure to perfluoroalkyl and polyfluoroalkyl substances (PFAS) across the Colorado state waters. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Grant: 1. Exhibit A, Additional Provisions 2. Exhibit B, Statement of Work 3. Exhibit C, Budget 4. Exhibit D, Sample Option Letter In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Colorado Special Provisions in §18 of the main body of this Agreement. Page 149 of 319 Agreement Number: 2026*2057 Page 2 of 17 Version OSC A12.24/CDPHE A.1.28.25 2. The provisions of the other sections of the main body of this Agreement. 3. Exhibit B, Statement of Work. 4. Exhibit D, Sample Option Letter. 5. Exhibit C, Budget. 6. Exhibit A, Additional Provisions. SIGNATURE PAGE THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT GRANTEE City of Englewood _________________________________________________ By: Signature _________________________________________________ Name of Person Signing for Grantee ________________________________________________ Title of Person Signing for Grantee Date: _________________________ ACKNOWLEDGEMENT City of Littleton _________________________________________________ By: Signature _________________________________________________ Name of Person Signing for Grantee ________________________________________________ Title of Person Signing for Grantee Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Colorado Department of Public Health and Environment Jill Hunsaker Ryan, MPH, Executive Director ________________________________________________ By: Signature ________________________________________________ Name of Executive Director Delegate _________________________________________________ Title of Executive Director Delegate Date: _________________________ In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD ________________________________________________ By: Signature ________________________________________________ Name of Executive Controller Delegate _________________________________________________ Title of Executive Controller Delegate Effective Date: _________________________ Page 150 of 319 Agreement Number: 2026*2057 Page 3 of 17 Version OSC A12.24/CDPHE A.1.28.25 1. Grant As of the Effective Date, the State Agency shown on the first page of this Grant Agreement (the “State”) hereby obligates and awards to Grantee shown on the first page of this Grant Agreement (the “Grantee”) an award of Grant Funds in the amounts shown on the first page of this Grant Agreement. By accepting the Grant Funds provided under this Grant Agreement, Grantee agrees to comply with the terms and conditions of this Grant Agreement and requirements and provisions of all Exhibits to this Grant Agreement. 2. Term A. Initial Grant Term and Extension The Parties’ respective performances under this Grant Agreement shall commence on the Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Grant Agreement. If the Work will be performed in multiple phases, the period of performance start and end date of each phase is detailed under the Project Schedule in the Statement of Work Exhibit. B. Early Termination in the Public Interest The State is entering into this Grant Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Agreement ceases to further the public interest of the State or if State, Federal or other funds used for this Grant Agreement are not appropriated, or otherwise become unavailable to fund this Grant Agreement, the State, in its discretion, may terminate this Grant Agreement in whole or in part by providing written notice to Grantee that includes, to the extent practicable, the public interest justification for the termination. If the State terminates this Grant Agreement in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Grant Agreement that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this Grant Agreement that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Grant Agreement by the State for breach by Grantee. C. Grantee’s Termination Under Federal Requirements Grantee may request termination of this Grant by sending notice to the State, or to the Federal Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective date of the termination. If this Grant is terminated in this manner, then Grantee shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. D. Extension Terms - State’s Option The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same terms specified in this Grant (each such period an Page 151 of 319 Agreement Number: 2026*2057 Page 4 of 17 Version OSC A12.24/CDPHE A.1.28.25 “Extension Term”). In order to exercise this option, the State shall provide written notice to Grantee in a form substantially equivalent to Sample Option Letter attached to this Grant. 3. Definitions The following terms shall be construed and interpreted as follows: A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. B. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach. D. “Budget” means the budget for the Work described in Exhibit C. E. “Business Day” means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S. F. “CJI” means criminal justice information collected by criminal justice agencies needed for the performance of their authorized functions, including, without limitation, all information defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended and all Criminal Justice Records as defined under §24-72-302 C.R.S. G. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S. H. “Cost Sharing” means a portion of project costs not paid under this Subaward. This includes match which refers to required levels of cost share that must be provided (2 CFR 200.306). I. “Grant Agreement” means this Agreement which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. J. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Grant Agreement. K. “Grant Expiration Date” means the Grant Expiration Date shown on the first page of this Grant Agreement. L. “Grant Issuance Date” means the Grant Issuance Date shown on the first page of this Grant Agreement. Page 152 of 319 Agreement Number: 2026*2057 Page 5 of 17 Version OSC A12.24/CDPHE A.1.28.25 M. “Exhibits” exhibits and attachments included with this Grant as shown on the first page of this Grant N. “Extension Term” means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Grant Agreement O. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. P. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. Insert Federal Awarding Agency's Full Legal Name and Acronym is the Federal Awarding Agency for the Federal Award which is the subject of this Grant. Q. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Grant Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. R. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. S. “Initial Term” means the time period between the Grant Issuance Date and the Grant Expiration Date. T. “Party” means the State or Grantee, and “Parties” means both the State and Grantee. U. “PCI” means payment card information including any data related to credit card holders’ names, credit card numbers, or the other credit card information as may be protected by state or federal law. V. “PHI” means any protected health information, including, without limitation any information whether oral or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (ii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is not limited to, any information defined as Individually Identifiable Health Information by the federal Health Insurance Portability and Accountability Act. W. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101 C.R.S. “PII” shall also mean “personal identifying information” as set forth at § 24-74-102, et. seq., C.R.S. X. “Recipient” means the State Agency shown on the first page of this Grant Agreement, for the purposes of the Federal Award. Page 153 of 319 Agreement Number: 2026*2057 Page 6 of 17 Version OSC A12.24/CDPHE A.1.28.25 Y. “Services” means the services to be performed by Grantee as set forth in this Grant Agreement, and shall include any services to be rendered by Grantee in connection with the Goods. Z. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, PHI, PCI, Tax Information, CJI, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. AA. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. BB. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. CC. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. DD. “Sub-Award” means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to this Sub-Award unless the terms and conditions of the Federal Award specifically indicate otherwise. EE. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work. “Subcontractor” also includes sub-grantees. FF. “Subrecipient” means an entity that receives a Sub-Award from a pass-through entity to carry out part of a Federal award. The term subrecipient does not include a beneficiary or participant. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient. GG. “Tax Information” means Federal and State of Colorado tax information including, without limitation, Federal and State tax returns, return information, and such other tax-related information as may be protected by Federal and State law and regulation. Tax Information includes, but is not limited to all information defined as Federal tax information in Internal Revenue Service Publication 1075. HH. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The terms and conditions of the Uniform Guidance flow down to the Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. II. “Work” means the delivery of the Goods and performance of the Services described in this Grant Agreement. Page 154 of 319 Agreement Number: 2026*2057 Page 7 of 17 Version OSC A12.24/CDPHE A.1.28.25 JJ. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Grant Issuance Date that is used, without modification, in the performance of the Work. Any other term used in this Grant Agreement that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. Statement of Work Grantee shall complete the Work as described in this Grant Agreement and in accordance with the provisions of Exhibit B. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Grant Agreement. 5. Payments to Grantee A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount for each State Fiscal Year shown on the first page of this Grant Agreement. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Grant Issuance Date or after the Grant Expiration Date; provided, however, that Work performed and expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active Federal Award may be submitted for reimbursement as permitted by the terms of the Federal Award. B. Federal Recovery The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below. C. Matching Funds. Grantee shall provide the Local Match Amount shown on the first page of this Grant Agreement and described in Exhibit C (the “Local Match Amount”). Grantee’s obligation to pay all or part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purpose of this Agreement by the authorized representatives of Grantee and paid into Grantee’s treasury or bank account. Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Grant Agreement each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant Agreement is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s laws or policies. D. Reimbursement of Grantee Costs Page 155 of 319 Agreement Number: 2026*2057 Page 8 of 17 Version OSC A12.24/CDPHE A.1.28.25 Upon prior written approval, the State shall reimburse Grantee’s allowable costs, not exceeding the maximum total amount described in this Grant Agreement for all allowable costs described in this Grant Agreement and shown in the Budget, except that Grantee may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Grantee provides notice to the State of the change, the change does not modify the total maximum amount of this Grant Agreement or the maximum amount for any state fiscal year, and the change does not modify any requirements of the Work. The State shall reimburse Grantee for the Federal share of properly documented allowable costs related to the Work after the State’s review and approval thereof, subject to the provisions of this Grant. The State shall only reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). E. Close-Out. Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Grant Agreement and Grantee’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal Award within 1 year and 90 days after the Grant Expiration Date due to Grantee’s failure to submit required documentation, then Grantee may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. F. Option to Increase or Decrease Maximum Amount The State has the Option to increase or decrease the statewide quantity of Goods and Services based upon the rates established in this Grant Agreement, and increase or decrease the maximum amount payable accordingly. In order to exercise this option, the State shall provide written notice to Grantee in a form substantially equivalent to Sample Option Letter attached to this Grant Agreement. Delivery of Goods and performance of Services shall continue at the same rates and terms as described in this Grant Agreement. The State may include and incorporate a revised budget with the option letter, as long as the revised budget does not unilaterally change rates or terms specified in this Grant Agreement. 6. Reporting - Notification A. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out described in §5.E, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s obligations hereunder. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 7. Grantee Records Page 156 of 319 Agreement Number: 2026*2057 Page 9 of 17 Version OSC A12.24/CDPHE A.1.28.25 A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee’s office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B. Monitoring The State will monitor Grantee’s performance of its obligations under this Grant Agreement using procedures as determined by the State. Grantee shall allow the State to perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Grantee. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. If Grantee enters into a subcontract or subgrant with an entity that would also be considered a Subrecipient, then the subcontract or subgrant entered into by Grantee shall contain provisions permitting both Grantee and the State to perform all monitoring of that Subcontractor in accordance with the Uniform Guidance. C. Final Audit Report Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s records that relates to or affects this Grant or the Work, whether the audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform a single audit under 2 CFR 200.501, et seq., then Grantee shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government. 8. Confidential Information-State Records A. Confidentiality Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publicly available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Grant Agreement. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. If Grantee or any of its Subcontractors will or may receive the following types of data, Grantee or its Subcontractors shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Page 157 of 319 Agreement Number: 2026*2057 Page 10 of 17 Version OSC A12.24/CDPHE A.1.28.25 Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement attached to this Grant, if applicable. Grantee shall immediately forward any request or demand for State Records to the State’s principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Grant Agreement. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. E. Safeguarding PII If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as set forth in § 24-74-102, et. seq., C.R.S., Contractor, including, but not limited to, Contractor’s employees, agents and Subcontractors, agrees not to share any PII with any third parties for the purpose of investigating for, participating in, cooperating with, or assisting with Federal immigration enforcement. If Contractor is given direct access to any State Page 158 of 319 Agreement Number: 2026*2057 Page 11 of 17 Version OSC A12.24/CDPHE A.1.28.25 databases containing PII, Contractor shall execute, on behalf of itself and its employees, the certification attached hereto as Exhibit __ on an annual basis Contractor’s duty and obligation to certify as set forth in Exhibit __ shall continue as long as Contractor has direct access to any State databases containing PII. If Contractor uses any Subcontractors to perform services requiring direct access to State databases containing PII, the Contractor shall require such Subcontractors to execute and deliver the certification to the State on an annual basis, so long as the Subcontractor has access to State databases containing PII. 9. Conflicts of Interest Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant. 10. Insurance Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 11. Breach of Agreement In the event of a breach of agreement, the aggrieved party shall give written notice of breach of agreement to the other party. If the notified party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice, the party may exercise any of the remedies as described in §12 for that party. Notwithstanding any provision of this agreement to the contrary, the state, in its discretion, need not provide notice or a cure period and may immediately terminate this agreement in whole or in part or institute any other remedy in this agreement in order to protect the public interest of the state; or if grantee is debarred or suspended under §24- 109-105, C.R.S., the state, in its discretion, need not provide notice or cure period and may terminate this agreement in whole or in part or institute any other remedy in this agreement as of the date that the debarment or suspension takes effect. 12. Remedies A. State’s Remedies In addition to any remedies available under any exhibit to this grant agreement, if grantee is in breach under any provision of this agreement and fails to cure such breach, the state, following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in addition to all other remedies set forth in this agreement or at law. The state may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. Page 159 of 319 Agreement Number: 2026*2057 Page 12 of 17 Version OSC A12.24/CDPHE A.1.28.25 I. Termination for Breach In the event of grantee’s uncured breach, the state may terminate this entire agreement or any part of this agreement. Additionally, if grantee fails to comply with any terms of the federal award, then the state may, in its discretion or at the direction of a federal awarding agency, terminate this entire agreement or any part of this agreement. Grantee shall continue performance of this agreement to the extent not terminated, if any. The State may also terminate this grant agreement at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. a. Obligation and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Agreement’s terms. At the request of the State, Grantee shall assign to the State all of Grantee’s rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee but in which the State has an interest. At the State’s request, Grantee shall return materials owned by the State in Grantee’s possession at the time of any termination. Grantee shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State’s request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Grantee for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Grantee was not in breach or that Grantee’s action or inaction was excusable, such termination shall be treated as a termination in the public interest, and the rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under §2.B. c. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee shall remain liable to the State for any damages sustained by the State in connection with any breach by Grantee, and the State may withhold payment to Grantee for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due Grantee as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. Page 160 of 319 Agreement Number: 2026*2057 Page 13 of 17 Version OSC A12.24/CDPHE A.1.28.25 II. Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Grantee’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Grantee to an adjustment in price or cost or an adjustment in the performance schedule. Grantee shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Grantee after the suspension of performance. b. Withhold Payment Withhold payment to Grantee until Grantee corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Grantee’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of grantee’s employees, agents, or subcontractors from the work whom the state deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this agreement is deemed by the state to be contrary to the public interest or the state’s best interest. e. Intellectual Property If any work infringes, or if the state in its sole discretion determines that any work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right, grantee shall, as approved by the state (i) secure that right to use such work for the state and grantee; (ii) replace the work with non-infringing work or modify the work so that it becomes non-infringing; or, (iii) remove any infringing work and refund the amount paid for such work to the state. f. Collection of Unallowable Costs (2 CFR 200.410) Payments made for costs determined to be unallowable by either the awarding Federal agency, cognizant agency for indirect costs, or pass- through entity must be refunded with interest to the Federal Government. Unless directed by Federal statute or regulation, repayments must be made in accordance with the instructions provided by the Federal agency or pass-through entity that made the allowability determination. See §§ 200.300 through 200.309, and § 200.346. B. Grantee’s Remedies Page 161 of 319 Agreement Number: 2026*2057 Page 14 of 17 Version OSC A12.24/CDPHE A.1.28.25 If the State is in breach of any provision of this Agreement and does not cure such breach, Grantee, following the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available at law and equity. 13. Dispute Resolution Except as herein specifically provided otherwise or as required or permitted by federal regulations related to any Federal Award that provided any of the Grant Funds, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 14. Notices and Representatives Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Grant Agreement shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §13. 15. Rights in Work Product and Other Information Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 16. Governmental Immunity Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10- 101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. 17. General Provisions A. Assignment Grantee’s rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be subject to the provisions of this Grant Agreement. B. Captions and References The captions and headings in this Grant Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Grant Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding Page 162 of 319 Agreement Number: 2026*2057 Page 15 of 17 Version OSC A12.24/CDPHE A.1.28.25 This Grant Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Grant Agreement. D. Modification The State may modify the quantities of this Grant by issuance of an option letter, which shall be effective following receipt of the executed option letter. The Parties may also agree to modification of the terms and conditions of the Grant in a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Grant Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. G. Severability The invalidity or unenforceability of any provision of this Grant Agreement shall not affect the validity or enforceability of any other provision of this Grant Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. H. Survival of Certain Grant Agreement Terms Any provision of this Grant Agreement that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. I. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described above, this Grant Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. J. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Grant Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. Page 163 of 319 Agreement Number: 2026*2057 Page 16 of 17 Version OSC A12.24/CDPHE A.1.28.25 K. Accessibility i. Contractor shall comply with and the Work Product provided under this Contract shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Contractor shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. ii. The State may require Contractor’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the State to attest to Contractor’s Work Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. L. RESERVED 18. Colorado Special Provisions (Colorado Fiscal Rule 3-3) A. Statutory Approval. §24-30-202(1) C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5- 102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. Fund Availability. §24-30-202(5.5) C.R.S. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. Governmental Immunity. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24- 10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. Independent Contractor. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability, or understanding, except as expressly set forth herein. Contractor 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 Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof Page 164 of 319 Agreement Number: 2026*2057 Page 17 of 17 Version OSC A12.24/CDPHE A.1.28.25 when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. Compliance with Law. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law, Jurisdiction, and Venue. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. Prohibited Terms. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. H. Software Piracy Prohibition. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. Employee Financial Interest/Conflict of Interest. §§24-18-201 and 24-50-507 C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. Page 165 of 319 1 SAMPLING AND ANALYSIS PLAN Project Title: Biosolids Land Application – PFAS Transport and Risk Evaluation Response to: Colorado Department of Public Health and the Environment SB 20-218 Perfluoroalkyl and Polyfluoroalkyl Substances Cash Fund Grant Program, RFA #41164B March 14, 2025 Project Overview This sampling and analysis plan describes work proposed to be conducted at flelds owned by South Platte Renew (SPR), co-funded by Colorado Department of Public Health and the Environment (CDPHE) grant and SPR. The goal of the work is to expand understanding of PFAS presence, composition, and mobility potential in agricultural soils with historical land-application of biosolids. PFAS in biosolids are an emerging and widespread concern across Colorado and the U.S. Select states, including Michigan, Wisconsin, Maine, and Minnesota, have proposed or implemented policy regulating the land application of biosolids containing PFAS. At the federal level, EPA has recently released a draft risk assessment for PFAS. The data collection proposed herein expands a longstanding partnership between South Platte Renew (SPR) and Colorado State University (CSU). Biosolids produced by SPR have been land applied at SPR-owned agricultural flelds east of Denver (see Figure 1) for over 40 years. Associated with this biosolids land application, CSU has collected detailed data sets involving interactions between soil quality, moisture, and crop yield that have produced several publications and advanced general knowledge of biosolids impacts on agricultural soils. The historical CSU/SPR data collection has focused on a fleld referred to as the CSU Test Plot. The proposed work expands that existing data set to evaluate presence and transport potential of per- and polyfiuoroalkyl substances (PFAS) associated with land-applied biosolids. This project is intended to support CDPHE and SPR in addressing the EPA PFAS risk assessment and/or future Colorado biosolids policy related to PFAS. The overarching goals of this project are to assess the nature and extent of PFAS in biosolid-amended soils and to assess potential exposure risks in Colorado’s agricultural flelds. Based on these project goals, the project team has developed the following general research questions to guide subsequent activities: 1. How widespread and variable are PFAS concentrations across agricultural flelds where biosolids have been land applied? 2. What are the concentrations and composition of PFAS (target list and non-target PFAS) present in environmental media where biosolids have been land applied? 3. What are the drivers/limiters of PFAS mobility in the environment at biosolids land application sites? 4. Is groundwater quality threatened by PFAS at biosolids land application sites? 5. Can we use models to inform current and/or future risk associated w/ biosolids land application at Colorado sites? Proposed Scope of Work Page 166 of 319 2 The project team has prepared this scope of work on the assumption that basic questions will be addressed over 1 year of data collection, and additional funding may be pursued for subsequent years, as warranted to address more detailed/speciflc research questions. The scope of activities, described below, is designed to address the research questions at a high level, providing actionable insights into the presence, mobility, and potential risk of PFAS in environmental media at SPR- owned biosolids land application sites while setting the stage for focused data collection and modeling efforts in subsequent years. In support of the overall project objectives, the 2025-2026 activities will include a broad evaluation of PFAS occurrence and preliminary evaluation of PFAS mobility/retention processes at the CSU Test Plot. This evaluation will include fleld sample collection supplemented with laboratory testing and desktop evaluation of existing data; each of these are described below. Field sampling • For the flrst project year, fleld activities for the PFAS project will include sampling of surface soil (up to 2 inches), shallow soil (up to 6 feet bgs), and porewater. To the extent possible, soil sampling methods and locations will be conducted in conjunction with sampling activities conducted under the existing CSU/SPR Biosolids Land Application Research Program (C/S- BLARP). • Surface soils (0 to 2 inches bgs) will be collected from approximately 20 locations associated with the CSU Test Plot (also referred to as the Byers plot). Three flelds will be selected for sampling, generally aligning with C/S-BLARP sampling. At least six surface soil samples will be collected from each of these flelds; samples will be collected from the north and south subflelds (one treated with biosolids, the other with nitrogen fertilizer) at locations at the western end, center, and eastern end of each selected subfleld (the western sample location will align with C/S-BLARP sampling. Additional samples will be collected from the sediments associated with the creekbed (typically dry) located northeast of the Byers plot. • Field mobility of PFAS will be evaluated through pore-water sampling via soil-suction lysimeters. Pore-water data will complement the soil data and support risk assessment through more quantitative evaluation of PFAS partitioning between soil and pore water, and associated mobility/retention in shallow soils. • A trowel will be used for collection of surface samples (up to 2 inches bgs) and a truck-mounted Giddings hydraulic soil sampler will be used to collect deeper samples. PFAS-compatible equipment and methods will be used throughout sampling activities. • If possible, soil suction lysimeters will be installed at 2 depths (approximately 8 and 40 inches). Lysimeters will be constructed of stainless steel. Soil moisture sensors will be deployed at both depths at one of the locations. We assume that the lysimeters will be sampled two times in the project year, under variable precipitation conditions (dry and after heavy rain). • The team understands that biosolids have been sampled on a bi-monthly basis. If available, samples of the source biosolids/sludge will be collected and analyzed with the soil samples for non-targeted PFAS analysis. Laboratory analysis and testing • Soil samples will be analyzed for target-list PFAS, including 40 compounds, via analytical methods based on EPA 1633. Page 167 of 319 3 • Select portions of samples will be refrigerated and stored for potential non-targeted analysis (NTA) via liquid chromatography (LC) quadrupole time-of-fiight (QToF); NTA will only be conducted after consultation with SPR after target PFAS analysis is complete. • Select portions of samples will be refrigerated and stored for potential leachability testing via EPA Leaching Environmental Assessment Framework (LEAF) methodology; LEAF desorption testing will only be conducted after consultation with SPR after target PFAS analysis is complete. Desktop evaluation of existing data • CSU has conducted extensive testing and research at the Test Plot. The project team will work with CSU personnel involved in non-PFAS data collection (Steve Blecker and others) to compile information that supports understanding of PFAS transport and transformation. Relevant data will be provided and assessed in the project report (see below). • Existing data on groundwater and geology will be evaluated during the project period, to support evaluation of risk. Preliminary review of USGS groundwater data in the area suggests highly variable depth-to -groundwater conditions exist, with depths ranging from approximately 10 to over 100 ft bgs1. Schedule and Budget The above activities will be conducted over 12 months from 2025 to 2026. Initial sampling and suction-lysimeter installation is anticipated for summer 2025. The budget for the proposed work is $150,000 including $50,000 from SPR and $100,000 from CDPHE grant funding. This will include site sample collection, analysis, laboratory testing, and office-based work as described herein. The approximate division of services for CSU and Brown and Caldwell is shown in Table 1. Project Team The project will be conducted by an integrated team from CSU and Brown and Caldwell. CSU’s project team includes Dr. Mitchell Olson and Dr. Andrea Rhoades, who serve as co-directors for CSU’s Center for Contaminant Hydrology (CCH) within the department of Civil and Environmental Engineering. Dr. Olson will serve as Principal Investigator for CSU and will lead CSU’s portion of project implementation. Dr. Rhoades will provide technical expertise in PFAS analysis and will assist in directing student activities. Drs. Olson and Rhoades will be supported by a graduate student (MS or PhD) as well as undergraduate research assistants, who will conduct hands-on sampling and analytical work for this project. Brown and Caldwell’s team is comprised of a multidisciplinary group of practitioners selected to support various aspects of the project. Devon Gibson, Associate Environmental Engineer, will serve at the Project Manager for BC. Sarah Reeves, Director of Technical Services, will provide insight into local, regional, and national policy developments regarding biosolids and PFAS. Steve Young, Principal Hydrogeologist, will provide subject matter expertise pertaining to PFAS fate and transport modeling and risk assessment. Andrew Safulko, Principal Environmental Engineer, will provide 1 https://cida.usgs.gov/ngwmn/provider/USGS/site/393902103554001/ Page 168 of 319 4 subject matter expertise related to PFAS. Dr. Allegra da Silva, Director of Research and Innovation, will provide general project oversight and support alignment with associated research efforts. Reporting Project reporting will be conducted in accordance with CDPHE’s program requirements for SB 20- 218. Page 169 of 319 5 Figure 1. Location of CSU Test Plot. CSU Test Plot Page 170 of 319 6 TABLE 1. SPR PFAS Biosolids Study Scope Breakdown Task Lead Role/Responsibility Colorado State University (CSU) Brown and Caldwell (BC) Field Sampling CSU ▪ Identify soil sample locations ▪ Coordinate and collect soil samples ▪ Identify soil suction lysimeter locations ▪ Install soil suction lysimeters ▪ Coordinate and collect soil suction lysimeter samples ▪ Coordinate and collect biosolids samples ▪ Document sample locations via GPS lat/long and provide sample/monitoring location IDs to BC ▪ Review and comment on proposed soil sample and soil suction lysimeter sample locations ▪ Develop GIS layer/figure displaying soil, soil suction lysimeter, and crop sample locations Laboratory Analysis and Testing CSU ▪ Complete targeted PFAS analysis for soil, soil suction lysimeter, biosolid, and crop samples ▪ As necessary, complete NTA for analysis for soil, soil suction lysimeter, biosolid, and crop samples ▪ As necessary, conduct LEAF protocol and associated targeted and/or NTA PFAS analysis on soil leachate samples ▪ Provide validated PFAS analytical results for all analyses in Microsoft Excel format ▪ Document and provide various analytical methodologies, SOPs, etc. ▪ Review PFAS analytical results ▪ Prepare GIS layers/figures summarizing targeted PFAS analytical results in soil, soil suction lysimeter, and crop samples Pa g e 1 7 1 o f 3 1 9 7 TABLE 1. SPR PFAS Biosolids Study Scope Breakdown Task Lead Role/Responsibility Colorado State University (CSU) Brown and Caldwell (BC) Desktop Evaluation of Existing Data CSU ▪ Coordinate, review, and organize existing relevant non-PFAS data obtained from SPR plots ▪ Coordinate, review, and organize relevant and reasonably ascertainable information related to site, local, or regional geology and hydrogeology ▪ Review data summaries prepared by CSU ▪ Develop GIS layers/figures of relevant data provided by CSU ▪ Support data search and evaluation for local geology/hydrogeology Reporting CSU ▪ Develop draft/final 2025 summary report including detailed description of sampling methods, analytical methods, desktop data review summary, results, preliminary risk evaluation, conclusions, and recommendations for the following year. ▪ ▪ Review and comment on draft 2025 summary report. ▪ Support site-specific risk assessment and identification of data gaps ▪ Develop additional GIS layers/figures, as necessary, to support 2025 summary report Pa g e 1 7 2 o f 3 1 9 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, September 25, 2025 Page 1 of 6 MINUTES Supervisory Committee Meeting Thursday, September 25, 2025; meeting held via Teams – 9 a.m. South Platte Renew (SPR) 2900 South Platte River Drive, Englewood, CO 80110 COMMITTEE MEMBERS PRESENT: Shawn Lewis City of Englewood, City Manager Victor Rachael City of Englewood, Public Works Director Brent Soderlin City of Littleton, Public Works & Utilities Director COMMITTEE MEMBERS ABSENT BUT EXCUSED: Jim Becklenberg City of Littleton, City Manager STAFF PRESENT: Andrea Stucky Acob SPR Regulatory Specialist Kacie Allard SPR Deputy Director – Business Solutions Blair Corning SPR Deputy Director – Environmental Programs Dan DeLaughter SPR Data & Regulatory Programs Manager Kevin Engels City of Englewood, Director of Finance Ryan Germeroth City of Littleton, Public Works & Utilities Deputy Director Alyssa Hoffman SPR Procurement Administrator Izaiah Kruenegel SPR Deputy Director – O&M Victoria McDermott City of Englewood, Deputy City Attorney Matthew Montgomery SPR Attorney, Hill & Robbins Trudi Peepgrass City of Englewood, Procurement & Contracts Manager Angela Sapir SPR Administrative Specialist Bryan Schmerber SPR Engineering Supervisor Anna Schroeder SPR Engineering Manager Pieter Van Ry SPR Director Roxanne Ward SPR Records and Information Specialist Zeena Williss SPR Engineering Manager GUESTS: Cynthia Lane Platte Canyon Water & Sanitation District General Manager Page 173 of 319 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, September 25, 2025 Page 2 of 6 I. Call to Order The September Supervisory Committee meeting was called to order by Pieter Van Ry, SPR Director. Director Van Ry welcomed everyone to the meeting. II. Consideration of Minutes for Previous Supervisory Committee Meetings ACTION TAKEN – The Supervisory Committee considered the recommendation to approve the July 24, 2025, Supervisory Committee meeting minutes. Committee Member Lewis moved to approve the minutes, Committee Member Soderlin seconded the motion, three ayes, and zero nays. Minutes approved. Committee Member Becklenberg excused. III. Action Items Grit Truck Purchase Izaiah Kruenegel, SPR Deputy Director – O&M, presented the Supervisory Committee with a recommendation to approve the purchase of one (1) 2026 Freightliner M2 106 Grit Truck, in the amount of $181,309, from Transwest Truck Trailer RV (Transwest). SPR’s Vehicle Replacement Policy, developed in alignment with the Strategic Asset Management Plan, uses a risk-based assessment to evaluate vehicle condition, prioritize replacements, and reduce operational risks. This assessment identified one (1) grit truck, Vehicle 8595, purchased in 2007, as due for replacement. The vehicle has exceeded its 15- year useful life, accumulated over 50% of its original purchase price in lifetime maintenance costs, and shown a 22% increase in maintenance costs over the last two (2) years. These factors have led to increased downtime and decreased reliability, and SPR recommends replacing the vehicle. The grit trucks are essential to SPR operations, as they support grit and screenings removal to prevent damage to downstream equipment and disruption of biological treatment. Because these vehicles are critical to ongoing operations, potential failure poses a significant operational risk. Replacing the 2007 vehicle with the proposed Freightliner M2 106 Grit Truck will reduce the likelihood of equipment failure, maintain reliable plant performance, and uphold SPR’s asset management standards. The purchase is included under the Sourcewell cooperative bidding process, and SPR recommends the purchase through Transwest as the optimal source. Funds for this purchase will be expensed from the 2025 Vehicles budget, with any overage offset by the Capital budget to ensure SPR does not exceed the total 2025 budget appropriation. ACTION TAKEN – The Supervisory Committee considered the recommendation to approve the purchase of a Freightliner M2 106 Grit Truck from Transwest Truck Trailer RV, in the amount of $181,309. Page 174 of 319 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, September 25, 2025 Page 3 of 6 Committee Member Soderlin moved to approve the recommendation, Committee Member Rachael seconded the motion, three ayes, and zero nays. Motion approved. Committee Member Becklenberg excused. On-Call Construction Services – Change Order #1 Zeena Williss, SPR Engineering Manager, presented the Supervisory Committee with a recommendation to approve Change Order No. 1 to the Job-Order Contract with PCL Construction, Inc. (PCL), in the not-to-exceed amount of $500,000, for 2025 On-Call Construction Services. This Change Order will increase the total on-call services contract amount to $1,000,000. SPR relies on On-Call Construction Services to complete small- to medium-sized projects and emergency repairs that support ongoing operations and maintenance at the facility. These projects often require specialized expertise in industrial construction, permitting, or heavy equipment operation and allow SPR to respond efficiently to facility needs. PCL has successfully provided these services since 2020, completing projects such as concrete and mechanical work, process piping, security upgrades, and other infrastructure improvements. SPR selected PCL in 2022 to provide both Construction Manager/General Contractor and On-Call Construction Services to enhance coordination, increase safety, and reduce construction risk across multiple projects. The Supervisory Committee approved both contracts in October 2022 and subsequent renewals in 2023 and 2024. PCL has demonstrated exceptional performance, completing the Chemical Phosphorus and UV Disinfection Project ahead of schedule and under budget, and continuing work on several major plant projects, including the Headworks Improvements, Digester and DAFT Buildings, and MCC Replacement Projects. In 2025, PCL’s on-call construction services completed critical work, such as emergency process line repairs, safety upgrades, and facility access improvements, with several additional projects scheduled for completion by year-end. Change Order No. 1 will ensure sufficient funding for the remaining 2025 on-call projects and maintain an emergency reserve to address unforeseen needs quickly. SPR plans to bring Renewal No. 3 of the On-Call Construction Services contract for 2026 to the Supervisory Committee for approval in December 2025. ACTION TAKEN – ACTION TAKEN – The Supervisory Committee considered the recommendation to approve Change Order No. 1 to the Job-Order Contract with PCL Construction, Inc, in the not-to-exceed amount of $500,000, for the 2025 On-Call Construction Services. Committee Member Lewis moved to approve the recommendation, Committee Member Rachael seconded the motion, three ayes, and zero nays. Motion approved. Committee Member Becklenberg excused. Page 175 of 319 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, September 25, 2025 Page 4 of 6 CDPHE PFAS Grant – Intergovernmental Agreement Andrea Stucky Acob, SPR Regulatory Specialist, presented the Supervisory Committee with a recommendation to approve forwarding the Intergovernmental Agreement between the Cities of Littleton and Englewood and the Colorado Department of Public Health & Environment (CDPHE) for a per- and polyfluoroalkyl substances (PFAS) Grant award, in the amount of $100,000, to the Littleton and Englewood City Councils for approval by ordinance. PFAS are synthetic chemicals commonly found in consumer and industrial products that can enter the wastewater stream and may accumulate in biosolids. SPR does not use PFAS in its treatment process. As part of its Beneficial Use Program, SPR applies biosolids to farmland near Byers, Colorado, providing a nutrient-rich soil amendment to agricultural soils. With growing federal and state attention on PFAS in biosolids, SPR has been proactively monitoring PFAS levels to ensure compliance with CDPHE’s interim strategy, which requires testing every other month. All SPR biosolids samples to date have measured well below the state’s interim threshold, and SPR continues to follow guidance from CDPHE and the Environmental Protection Agency. As part of SPR’s PFAS monitoring strategy, SPR applied for an Independent Environmental Study PFAS Grant from CDPHE to support the Biosolids Land Application – PFAS Transport and Risk Evaluation Project (Project). The grant will fund an independent environmental study to better understand PFAS presence and potential risks in soils with a history of biosolids land application. The Project builds upon SPR’s long-term partnership with Colorado State University (CSU) and will expand existing soil, moisture, and crop data through additional sampling and analysis of soil, porewater, and groundwater. SPR will also partner with Brown and Caldwell (BC) for technical support. The Project will be co-funded by CDPHE and SPR, with CDPHE contributing $100,000 toward CSU-led fieldwork and laboratory analysis, and SPR contributing $50,000 to fund BC’s technical services. The results will help inform future policy and regulation related to biosolids land application in Colorado. ACTION TAKEN – The Supervisory Committee considered the recommendation that Littleton and Englewood City Councils approve by Ordinance an Intergovernmental Agreement between the Cities of Littleton and Englewood and the Colorado Department of Public Health and Environment for a PFAS Grant, in the amount of $100,000. Committee Member Soderlin moved to approve the recommendation, Committee Member Lewis seconded the motion, three ayes, and zero nays. Motion approved. Committee Member Becklenberg excused. Page 176 of 319 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, September 25, 2025 Page 5 of 6 IV. Informational Items SPR staff discussed these informational items with the Committee: • SPR Greenhouse Gas Initiatives o Bryan Schmerber, SPR Engineering Supervisor, presented an update to the Committee on SPR’s Greenhouse Gas Initiatives. The water renewal process naturally produces gases like methane, nitrous oxide, and carbon dioxide, which may contribute to climate change. SPR is reducing these emissions through several initiatives, including the Pipeline Injection System and several awarded research projects through the Water Research Foundation, in which SPR will work with partners to better measure and track greenhouse gases. These initiatives position SPR as a leader in greenhouse gas reduction, regulatory readiness, and climate impact mitigation. • Director's Update o Kacie Allard, SPR Deputy Director – Business Solutions, shared a recent local news story focused on the Pipeline Injection System and the recent project payoff milestone. Denver7 News produced the story, interviewing Director Van Ry and Engineering Supervisor Bryan Schmerber, which showcased SPR’s approach to innovation to the broader public. News stories such as these allow SPR to continue building community trust and transparency. o Blair Corning, SPR Deputy Director – Environmental Programs, updated the Committee on several items within his division. First, Industrial Pretreatment recently revoked a septic hauler permit due to a violation. Pretreatment has also been working with a business in SPR’s service area that is using new technology to recycle clothing to classify and understand the potential impacts to SPR operations. Lastly, Maureen Mulcahy, SPR Pretreatment Administrator, will be presenting on the PFAS fingerprinting Tailored Collaboration Project at the Water Environment Federation Technical Exhibition and Conference. o Deputy Director Kruenegel provided an update on SPR’s apprenticeship program. The program has been extremely successful, beginning earlier this year with two (2) apprentices working at SPR and Englewood Utilities for a period of six (6) months each. Both candidates have performed exceptionally well, and SPR will continue this program through Emily Griffith School of Technology. o Director Van Ry informed the Committee of the hiring of SPR’s new Deputy Director – Engineering following a 10-month recruitment process. Page 177 of 319 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, September 25, 2025 Page 6 of 6 Jamie Eichenberger joins SPR from HDR, bringing over 20 years of consulting experience in the wastewater industry. Jamie also served as President of the Water Environment Federation in 2023, providing him with strong national leadership experience and industry connections. SPR is excited about his addition to the team. • SPR Influent Flow and Load Summary o The measured flow to SPR averaged 19.0 mgd in August 2025, which is a decrease of 0.9 mgd from August 2024. The measured ten (10)-month average flow split was 44.6 / 55.4 percent between the Cities of Littleton and Englewood. • SPR Voluntary Incentive Program Summary o SPR has received 8.5 years of credits and is on track to receive the full extension of 10 years. As of August 2025, SPR has achieved 0 days toward its target treatment goals for Total Inorganic Nitrogen and 50 days for Total Phosphorus. • SPR Pipeline Injection System Summary o As of August 2025, SPR received $907,348 in year-to-date gross receivables on the Pipeline Injection System. The payback is complete as of July 2025. • Fiscal Management and Reporting o Deputy Director Allard presented the financial report and aggregate purchases report for July and August 2025. V. Adjournment The next Supervisory Committee meeting is scheduled for Thursday, October 23, 2025, at 9 a.m., held via Microsoft Teams. Adjourned at 9:56 a.m. Recording Secretary Signature Angela Sapir The SPR Supervisory Committee approved the September 25, 2025, meeting minutes during the October 23, 2025, Supervisory Committee meeting. Committee Member Soderlin moved to approve the minutes. Committee Member Rachael seconded the motion, three ayes, and zero nays. Minutes approved. Committee Member Lewis excused. Page 178 of 319 CDPHE PFAS Grant – Intergovernmental Agreement Presented By: Pieter Van Ry, Director of South Platte Renew and Englewood Utilities, and Blair Corning, Deputy Director –Environmental Programs Pa g e 1 7 9 o f 3 1 9 PFAS Transport & Risk Evaluation Project Goal: Understand PFAS in biosolids applied on agricultural soils in Colorado •Co-funded by SPR & CDPHE grant •$100,000 awarded through CDPHE grant •$50,000 contribution from SPR Pa g e 1 8 0 o f 3 1 9 PFAS •Per and polyfluoroalkyl substances •Coatings and materials that resist water and grease •SPR is a passive receiver of PFAS Pa g e 1 8 1 o f 3 1 9 •Monitor PFAS in biosolids every other month •CDPHE threshold level: 50 ug/kg PFOS •EPA draft biosolids risk assessment Regulatory Landscape Pa g e 1 8 2 o f 3 1 9 •Will provide site-specific real-world data for SPR •Build understanding of PFAS presence and mobility potential in agricultural soils •Could inform future Colorado land application regulations and practices Why is this project important? Pa g e 1 8 3 o f 3 1 9 •Pilot and Technology Research Funding Agreement with CSU •Professional Services Agreement with Brown and Caldwell •CSU researcher could begin next semester Next Steps Pa g e 1 8 4 o f 3 1 9 Approval by ordinance an Intergovernmental Agreement between the cities of Englewood and Littleton and CDPHE for a PFAS grant in the amount of $100,000. Recommendation Pa g e 1 8 5 o f 3 1 9 Questions? Pa g e 1 8 6 o f 3 1 9 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Blair Corning, Pieter Van Ry DEPARTMENT: SPR DATE: December 1, 2025 SUBJECT: CB 65 - South Platte Renew Farm Lease Renewal Agreements DESCRIPTION: South Platte Renew 2026 farm lease agreements RECOMMENDATION: South Platte Renew (SPR), owned by the cities of Littleton and Englewood, recommends that Englewood City Council approve an ordinance for four (4) amended farm lease agreements between the Cities of Littleton and Englewood and Progressive Farms, Craig Farms General Partnership, Gary and Nancy Meier and Jason Meier, and Kent Beichle. Amendments to the lease agreements include increased cash rent from $16.00/acre to $21.43/acre for a total annual revenue of $145,995.00 for 7,052.6 acres. The lease is for the term of one (1) year, renewable annually for five (5) years commencing on January 1, 2026, and ending on December 31, 2030. The SPR Supervisory Committee approved the farm lease agreements and made a recommendation to seek Littleton and Englewood City Council consideration, during the July Supervisory Committee meeting held on Thursday, July 24, 2025. PREVIOUS COUNCIL ACTION: December 2020: SPR staff took four (4) farm property leases to Englewood and Littleton City Councils for their approval by ordinance in December 2020. SUMMARY: SPR manages a total of 7,530.6 acres of farm property near Byers, Colorado that was purchased for the beneficial land application of biosolids generated at the SPR facility. Four (4) lease agreements for this property will expire at the end of their existing five (5)-year term on December 31, 2025. These leases have been updated for a term of one (1) year, commencing on January 1, 2026, renewable annually for five (5) years. The existing lease agreements are between the Cities of Littleton and Englewood (Cities) and Progressive Farms, Craig Farms General Partnership, Gary and Nancy Meier and Jason Meier (Meier), and Kent Beichle. The City Attorneys for both Cities have reviewed and updated the lease agreements. The previous cash rent for the properties that apply biosolids was set at $16.00/acre based on data from the Colorado State Land Board’s equation for standard rates in Adams and Arapahoe Counties. This rate was increased from $16.00/acre to $21.43/acre for the three (3) properties that land apply biosolids. Additionally, for the one (1) property that does Page 187 of 319 not land apply, the rate was increased from $14.00/acre to $16.00/acre. These amounts were increased to account for inflation and current agricultural market conditions. SPR maintains an active and beneficial long-term relationship with its tenant farmer partners in order to sustain the Beneficial Use Program and the successful land application of biosolids. SPR and its tenant partners prioritize industry standard farming practices and adherence to state and federal regulations. Land application of biosolids is not only sustainable, but also avoids the additional expense of landfilling solids produced during the wastewater treatment process. ANALYSIS: Amendments to the prior lease agreements include 1) increasing the cash rent per updated calculations and benchmarking and 2) including a clause requiring prior written consent from SPR for tenants to apply fertilizer where biosolids are applied. The cash rent for cropland has been increased from $16.00/acre to $21.43/acre for the three (3) leases receiving biosolids application. The updated rate was derived from the average of 2024 data from the Colorado State Land Board and National Agriculture Statistics Service, two agricultural real estate indices. The existing lease agreement with Meier consists of 792.6 acres of cropland and 478 acres of rangeland. While Meier is renewing the agreement for the cropland acres, they will not renew the rangeland agreement at this time. The rangeland lease may be brought to Council at a later date once a reevaluation of the lease rate is completed. In the event that the land is not leased, SPR can still land apply biosolids on the rangeland, if necessary. Kent Beichle’s cash rent was increased from $14.00/acre to $16.00/acre because land application is not performed on this land due to its proximity to nearby residences. The new rate represents a 25% discount from the rates applied to the farmers that receive biosolids, as in this case, the tenant farmer will incur a higher cost of production due to purchasing and applying fertilizer. Summary of Lease Rate Information and Annual Revenue Projections: Farmer Rate ($/acre) Acres Revenue Progressive Farms $21.43 4,993 $107,000.00 Craig Farms $21.43 320 $6,858.00 Meier $21.43 792.6 $16,985.00 Beichle $16.00 947 $15,152.00 Total 7,052.6 $145,995.00 Total annual revenue generated by the leases is projected to be $145,995.00, representing a 27% increase in revenue. At the recommendation of SPR Legal Counsel, Hill and Robbins, SPR recommends renewing the leases with the existing tenant farmers as an optimal source selection. A 2025 assessment conducted by Hill and Robbins determined that renewing the agreements with existing tenant farmers in good standing is warranted and provides the best value to ratepayers. The assessment analyzed SPR’s Beneficial Use Program as a whole and available lease options. Page 188 of 319 The assessment determined that renewing the agreements is the most cost-effective approach due to the following factors: increased rates that meet market price, ensured continued land application that avoids high disposal cost, and significant value added by experienced existing farmers in complying with biosolids application regulations and requirements. SPR recommends renewal of the lease agreements with the existing lessees. COUNCIL ACTION REQUESTED: Motion to approve by ordinance four (4) amended farm lease agreements between the Cities of Littleton and Englewood and Progressive Farms, Craig Farms General Partnership, Gary and Nancy Meier and Jason Meier, and Kent Beichle. FINANCIAL IMPLICATIONS: The expected increase in annual revenue with the proposed lease rates is detailed below: 2021-2025 Annual Revenue 2026-2030 Annual Revenue % Increase $114,771.60 $145,995.00 27% CONNECTION TO STRATEGIC PLAN: Infrastructure:  Support effective water renewal treatment and land application of biosolids through SPR’s Beneficial Use program Sustainability:  Ensure sustainable application of biosolids on farmland through farming best practices and adherence to regulations ATTACHMENTS: Council Bill Progressive Farms 2026 Craig Farms General Partnership 2026 Gary and Nancy Meier and Jason Meier 2026 Kent Beichle 2026 Approved SPR Supervisory Committee minutes from July 24, 2025 PowerPoint Presentation Page 189 of 319 ORDINANCE NO. COUNCIL BILL NO. 65 SERIES OF 2025 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE APPROVING FOUR (4) AMENDED FARM LEASE AGREEMENTS BETWEEN THE CITIES OF LITTLETON AND ENGLEWOOD AND PROGRESSIVE FARMS, CRAIG FARMS GENERAL PARTNERSHIP, GARY AND NANCY MEIER AND JASON MEIER, AND KENT BEICHLE FOR THE SOUTH PLATTE RENEW FARM PROPERTY WHEREAS, the Cities of Littleton and Englewood jointly own and operate South Platte Renew (“SPR”), a regional wastewater treatment facility that manages the beneficial land application of biosolids on farmland located near Byers, Colorado; and WHEREAS, the Cities of Littleton and Englewood previously entered into farm lease agreements with Progressive Farms, Craig Farms General Partnership, Gary and Nancy Meier and Jason Meier, and Kent Beichle for the purpose of cultivating crops and facilitating the beneficial use of biosolids on the farm properties; and WHEREAS, the current lease agreements expire on December 31, 2025; and WHEREAS, the Cities desire to renew and amend the lease agreements for a new term commencing January 1, 2026, and ending December 31, 2030, with annual renewals, to continue beneficial land application operations and generate lease revenue; and WHEREAS, the amended lease agreements increase cash rent to reflect current agricultural market conditions and reinsert a clause requiring prior written consent from SPR for fertilizer application on fields receiving biosolids; and WHEREAS, the South Platte Renew Supervisory Committee reviewed and approved the amended lease agreements at its July 24, 2025 meeting, and recommended approval by both the City Councils of Englewood and Littleton. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby approves four (4) amended farm lease agreements between the Cities of Littleton and Englewood and the following lessees for the South Platte Renew farm property, copies of which are attached hereto, in the form substantially the same as that attached hereto: : Page 190 of 319 • Progressive Farms • Craig Farms General Partnership • Gary and Nancy Meier and Jason Meier • Kent Beichle Section 2. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The Page 191 of 319 execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Page 192 of 319 FARM LEASE THIS LEASE is entered into between the Cities of Littleton and Englewood,(collectively referred to hereinafter as “Lessor”),and Progressive Farms,(referred to hereinafter as “Lessee”).On this date,Lessor has leased to the Lessee,the following described premises situated in the County of Arapahoe,State of Colorado,to wit: [See Exhibit A attached hereto and made a part hereof] Together with all buildings and improvements on the premises (hereinafter referred to as the “Leased Property”)in accordance with the following terms: 1.This lease replaces and supersedes in its entirety,any prior lease agreement between the parties concerning the Leased Property.This lease shall be for the term of one (1)year,renewable annually for five (5)years commencing on January 1,2026,and ending on December 31,2030. Lease rates may be reviewed and changed at each renewal period.The lease rate shall be $21.43 (twenty-one dollars and forty-three cents)per acre per year on farmable acres on the Leased Property,calculated to be 4,993 farmable acres,for a total lease payment per term of $106,999.99.Payment must be received by the Lessor by December 31Stfor the upcoming crop year.Throughout the duration of this lease agreement,the Lessor reserves the right to conduct land surveys and appraisals that inform subsequent amendments of the established lease rate. 7 The lease payment is to be made payable to the order of:South Platte Renew and delivered no later than December 31 of each term that this lease is in effect to: South Platte Renew c/o Accoruits Receivable 2900 South Platte River Drive Englewood,CO 80110 3.Lessee shall thoroughly plow,cultivate and farm in accordance with good farming practices,all lands comprising the Leased Property that are not in grass,fallowed by mutual agreement of the parties,or otherwise unfannable.Lessee shall comply with the terms and conditions of all government agricultural programs applicable to the Leased Property,including the Conservation Reserve Program. 4.Lessee shall use the Leased Property as a diyland farm or for livestock grazing (as approved)and for no other purpose whatsoever,and especially will not let or permit the Leased Property to be used for any other business or purpose whatsoever. 5.Lessee shall be responsible for all costs and expenses associated with use of the Leased Property as a diyland farm,except that Lessor,at its own cost and expense,shall be responsible for furnishing,transporting,and applying all fertilizer,in the fonn of biosolids,to the Leased Property. 6.All fertilizer to be used on the Leased Property shall be transported,furnished.and applied by Lessor at such times and at agronomic rates as determined by Lessor.Lessee shall not apply any fertilizer on the Leased Property without the prior written consent of Lessor.Lessor South Platte Renew Farm Lease —Progressive Farms -2026 Page 1 Of6 Page 193 of 319 may use a portion of the Leased Property for staging areas for biosolids application.Staging area size and location will be as determined by Lessor. 7.Lessee shall not assign this lease,sublet,or relinquish the Leased Property without the express written consent of the Supervisory Committee of South Platte Renew.If the Lessee attempts to assign this lease,sublet.or relinquish the Leased Property without the express written consent of the Supervisory Committee of South Platte Renew,the Lessee shall forfeit all the rights under or by virtue of this lease. 8.Lessee shall protect the Leased Property,including buildings,gates,fences,shrubbery, and improvements thereon from all damages and shall keep the same in the same condition as they are now in,or may be at any time placed in by the Lessor,subject to normal wear and tear. Lessee shall do no act whereby any insurance on buildings may be invalidated and shall not remove,or allow any other person to remove,from the Leased Property any of the buildings, gates,fences,shrubbery,and improvements of any kind. 9.Lessee shall not run furrows so as to cause ditches to wash the Leased Property,unless ?rst having a written consent of the Lessor.Lessee shall clean out and maintain in good repair, during the operation of this Lease,all ditches belonging or appertaining to the Leased Property. 10.Lessee shall well and seasonably put in and tend to the crops grown on the Leased Property,shall have wheat harvested by October 1 of each year and fall crops such as corn,millet or sun?owers harvested by December 31 of each year;and if not harvested as stated,unless a prior agreement was established between both parties,the Lessor may terminate the lease. 1 l.Lessee shall accept the fences upon said Leased Property as they now are now existing. 12.Lessee shall,at the expiration of this Lease,or upon a breach by the Lessee of any of the covenants herein contained,or upon cancellation of the lease as outlined in paragraph 14,without further notice of any kind,immediately quit and surrender the possession and occupancy of Leased Property in as good condition as careful use and natural wear and tear thereof will permit. 13.All goods and chattels,or any other property used or kept on the Leased Property.Shall be held for the rent or damages under this Lease,whether exempt from execution or not,meaning or intending hereby to give the Lessor a valid and ?rst lien upon any and all goods and chattels, crops and other property belonging to the Lessee. l4.Lessee shall cultivate around any structures or facilities on the Leased Propeity. 15.The Lessor reserves the right to immediately cancel the lease during any term for any of the following reasons,each of which are deemed a breach:(a)if the Lessee should take any action or fail to take any action that threatens the Lessor’s interest in the Leased Property,including the violation of any environmental laws,rules,regulations or standards;(b)if the Lessee is not farming the Leased Property at all or not farming in a manner that constitutes good farming practices,in accordance with generally accepted farming practices andthe Colorado State Extension Service; (0)if the Lessor is no longer utilizing the Leased Property for the production of crops.Should Lessor choose to cancel the lease for any of the foregoing reasons,notice of said cancellation shall be effective by mailing notice by regular mail to Lessor at the address provided in this document. South Platte Renew Farm Lease —Progressive Farms -2026 Page 2 Of6 Page 194 of 319 Lessor shall not be liable for any costs claimed by Lessee in association with cancelling this lease pursuant to this paragraph. 16.In the event the Lessor exercises the termination right as outlined in paragraph 14.it is understood that the Lessee may retain possession of the Leased Property and harvest the current growing crops before the termination date;however,the Lessee shall not plant any additional crops on the Leased Property after the Lessee's receipt of the notice.If the Lessee has incurred expenses for growing a future crop before receipt of the notice,or if the Lessee fails to harvest the crops on the Leased Property prior to the termination date,the lease will be extended temporarily to allow the Lessee an opportunity to recoup outlaid expenses at the next harvest. 17.Lessor also reserves the right for itself.its agents and its designees,including other government officials,to enter and to have access,at all reasonable times during the term of this lease,to the Leased Property for the purpose of sampling,application,monitoring,testing, screening,mapping,plotting or doing any other procedure,task or function deemed necessary by Lessor,including,but not limited to,inspecting the Leased Property and to make such repairs, additions,or improvementsas Lessor may deem necessary. 18.It is understood and agreed that the Lessor reserves the right to cancel this lease at its sole discretion.Should Lessor elect to exercise its right of cancellation without breach by the Lessor,it may do so by written notice addressed to the Lessee at the address of the Lessee provided in this document,on or before October 1,prior to the anniversary date hereof,in which event this lease shall be terminated effective on the anniversary date (January 1)and neither party shall be entitled to further payments or damages as the result of said termination except for any payments due and owing at the time of cancellation. 19.All payments from the Lessee shall become due and payable upon forfeiture of said Lease, or upon abandoning said Leased Property.If the Lessor must bring action at law to recover possession,damage or rent,the Lessee agrees to pay a reasonable attorney's fee therefore,and all costs attending the same. 20.Lessee shall indemnify,defend and hold harmless Lessor and its successors,assigns and representatives from and against any and all damages,claims,losses,costs,liabilities,and expenses of any kind whatsoever (including but not limited to reasonable attorney fees)which may be asserted against or suffered by Lessor or the Leased Property or any part thereof,as a result of,on account of or arising from (i)any breach of any covenant,representation;promise,warranty or agreement made by Lessee,or (ii)injuries or damages to person or property resulting or alleged to result from any fault or negligence of Lessee or his agents or employees,or from the possession, use,occupancy,or maintenance of the Leased Property by Lessee,his agents,employees,or af?liates. 21.Lessor reserves the right to sell,contract to sell,or grant easements or rights-of-way over, through,under,or on,the Leased Property at any time during the term of this lease.subject to the rights and interests of the Lessee hereunder.Should the Lessor sell the Property.this lease is transfen‘able to the buyer. 22.Hunting,of any kind,is not permitted on the Leased Property. South Platte Renew Farm Lease —Progressive Farms -2026 Page 3 Of 6 Page 195 of 319 23.Correspondence between the Lessor and Lessee shall occur through emailed communications at a minimum of quarterly frequency.These communications should include status updates on crop rotations and yields,time of cultivation and harvesting periods,and any associated information relevant to the Lessor in regards to biosolids applications.An up—to—date email address and phone number should also be provided by the Lessee for these communications. 24.The Lessee shall provide the Lessor with an amiual report summarizing the previous year’s crop yield and plan for the subsequent year’s crop rotation,cultivation and harvest timing, and expected costs deemed relevant by the Lessor. 25.The Leased Property is used for the application of residual biosolids from wastewater. Lessee shall take all reasonable measures to prohibit the general public from accessing the Leased Property. 26.All notices,demands,or other documents required or desired to be given.made or sent to either Party under this Agreement shall be made in writing,shall be deemed effective upon receipt and shall be personally delivered or mailed postage prepaid,certi?ed mail,return receipt requested,as follows: TO LESSOR:TO LESSEE: Cities of Littleton and Englewood Progressive Farms,C/o Mark Linnebur C/O South Platte Renew 800 US.Highway 36 2900 South Platte River Drive Byers,CO 80103 Englewood,CO 801 10 South Platte Renew Farm Lease —Progressive Farms -2026 Page 4 Of6 Page 196 of 319 The addresses for notices may be changed by written notice given to the other Party in the manner provided above. This lease shall be effective as of the date upon which all three parties have signed below. LESSOR: CITY OF ENGLEWOOD Date: CITY OF LITTLETON Date: LESSEE: South Platte Renew Farm Lease _Progressive Farms -2026 Page 5 Of 6 Page 197 of 319 Exhibit A Parcel 1: The West one—halfof Section 28,all of Section 29,the West one-half of Section 32,except that part of said Section 32 conveyed to Adams County by Instrument recorded in Book 244 at Page 586,West one-half of Section 33,all in Township 3 South Range 57 West of the 6th Principal Meridian,County of Adams,State of Colorado. Parcel 11: The West one—halfof Section 4,all of Section 5,Township 4 South,Range 57 West of the 6‘h Principal Meridian,County of Arapahoe,State of Colorado. Parcel III: The South one-half of the Southeast quarter of Section 20;all of Section 21,except the North 40 feet;the North one-halfof Section 28;all of Section 29,except the East 40 feet;all in Township 4 South,Range 57 West of the 6‘hPrincipal Meridian,County of Arapahoe,State of Colorado. Parcel IV: All of Section 18,except the East 40 feet;the North one-half ofSection 19,except the East 40 feet;the North one—half,except the West 40 feet;the Southwest quarter,except the West 40 feet;the North one-half of the Southeast quarter of Section 20;all in Township 4 South, Range 57 West of the 6‘hPrincipal Meridian,County of Arapahoe,State of Colorado. Page 6 of 6SouthPlatteRenewFarmLease~Progressive Fanns -2026 Page 198 of 319 FARM LEASE THIS LEASE is entered into between the Cities of Littleton and Englewood,(collectively referred to hereinafter as “Lessor”),and Craig Farms General Partnership,(referred to hereinafter as “Lessee”).On this date,Lessor has leased to the Lessee,the following described premises situated in the County of Arapahoe,State ofColorado,to wit: The 13%of Section 32,Township 3 South,Range 57 West of the 6thP.M.consisting of approximately 320 acres.more or less, Together with all buildings and improvements on the premises (hereinafter referred to as the “Leased Property”)in accordance with the following terms: 1.This lease replaces and supersedes in its entirety,any prior lease agreement between the parties concerning the Leased Property.This lease shall be for the term ofone (1)year,renewable annually for five (5)years commencing on January 1,2026.and ending on December 31,2030. Lease rates may be reviewed and changed at each renewal period.The lease rate shall be $21.43 (twenty—one dollars and forty—threecents)per acre per year on fannable acres on the Leased Property.calculated to be 320 farmable acres,for a total lease payment per term of $6,857.60. Payment must be received by the Lessor by December 31Stfor the upcoming crop year. Throughout the duration of this lease agreement.the Lessor reserves the right to conduct land surveys and appraisals that inform subsequent amendments of the established lease rate. 2 The lease payment is to be made payable to the order of:South Platte Renew and delivered no later than December 31 of each term that this lease is in effect to: South Platte Renew c/o Accounts Receivable 2900 South Platte River Drive Englewood,CO 80110 3.Lessee shall thoroughly plow.cultivate and farm in accordance with good fanning practices.all lands comprising the Leased Property that are not in grass,fallowed by mutual agreement of the parties,or otherwise unfannable.Lessee shall comply with the terms and conditions of all government agricultural programs applicable to the Leased Property,including the Conservation Reserve Program. 4.Lessee shall use the Leased Property as a dryland farm or for livestock grazing (as approved)and for no other purpose whatsoever,and especially will not let or permit the Leased Property to be used for any other business or purpose whatsoever. 5.Lessee shall be responsible for all costs and expenses associated with use of the Leased Property as a dryland farm,except that Lessor,at its own cost and expense,shall be responsible for furnishing.transporting,and applying all fertilizer,in the form of biosolids,to the Leased Property. 6.All fertilizer to be used on the Leased Property shall be transported,furnished.and applied by Lessor at such times and at agronomic rates as determined by Lessor.Lessee shall not South Platte Renew Farm Lease 7 Craig Farms -2026 Page 1 Of 5 Page 199 of 319 apply any fertilizer on the Leased Property without the prior written consent of Lessor.Lessor may use a portion of the Leased Property for staging areas for biosolids application.Staging area size and location will be as determined by Lessor. 7.Lessee shall not assign this lease,sublet,or relinquish the Leased Property without the express written consent of the Supervisory Committee of South Platte Renew.If the Lessee attempts to assign this lease,sublet,or relinquish the Leased Property without the express written consent of the Supervisory Committee of South Platte Renew,the Lessee shall forfeit all the rights under or by virtue of this lease. 8.Lessee shall protect the Leased Property,including buildings,gates,fences.shrubbeiy, and improvements thereon from all damages and shall keep the same in the same condition as they are now in.or may be at any time placed in by the Lessor,subject to normal wear and tear. Lessee shall do no act whereby any insurance on buildings may be invalidated and shall not remove,or allow any other person to remove,from the Leased Property any of the buildings, gates,fences.shrubbery,and improvements of any kind. 9.Lessee shall not run furrows so as to cause ditches to wash the Leased Property.unless ?rst having a written consent of the Lessor.Lessee shall clean out and maintain in good repair, during the operation of this Lease,all ditches belonging or appertaining to the Leased Property. The Lessee should coordinate with the Lessor and implement best management practices for erosion control on the Leased Property. 10.Lessee shall well and seasonably put in and tend to the crops grown on the Leased Property,shall have wheat harvested by October 1 of each year and fall crops such as corn.millet or sun?owers harvested by December 31 of each year;and if not harvested as stated,unless a prior agreement was established between both parties,the Lessor may terminate the lease. 1 l.Lessee shall accept the fences upon said Leased Property as they now are now existing. 12.Lessee shall,at the expiration of this Lease,or upon a breach by the Lessee of any of the covenants herein contained,or upon cancellation of the lease as outlined in paragraph 14.without further notice of any kind,immediately quit and surrender the possession and occupancy of Leased Property in as good condition as careful use and natural wear and tear thereof will permit. 13.All goods and chattels,or any other property used or kept on the Leased Property,shall be held for the rent or damages under this Lease,whether exempt from execution or not,meanng or intending hereby to give the Lessor a valid and ?rst lien upon any and all goods and chattels, crops and other property belonging to the Lessee. l4.Lessee shall cultivate around any structures or facilities on the Leased Property. 15.The Lessor reserves the right to immediately cancel the lease during any term for any of the following reasons,each of which are deemed a breach:(a)if the Lessee should take any action or fail to take any action that threatens the Lessor’s interest in the Leased Property,including the violation of any environmental laws,rules,regulations or standards;(b)if the Lessee is not farming the Leased Property at all or not farming in a manner that constitutes good farming practices.in accordance with generally accepted farming practices and the Colorado State Extension Service; South Platte Renew Farm Lease 7 Craig Farms -2026 Page 2 0f 5 Page 200 of 319 (C)if the Lessor is no longer utilizing the Leased Property for the production of crops.Should Lessor choose to cancel the lease for any of the foregoing reasons,notice of said cancellation shall be effective by mailing notice by regular mail to Lessor at the address provided in this document. Lessor shall not be liable for any costs claimed by Lessee in association with cancelling this lease pursuant to this paragraph. 16.In the event the Lessor exercises the termination right as outlined in paragraph 14,it is understood that the Lessee may retain possession of the Leased Property and harvest the current growing crops before the termination date;however,the Lessee shall not plant any additional crops on the Leased Property after the Lessee‘s receipt of the notice.If the Lessee has incurred expenses for growing a future crop before receipt of the notice.or if the Lessee fails to harvest the crops on the Leased Property prior to the termination date,the lease will be extended temporarily to allow the Lessee an opportunity to recoup outlaid expenses at the next harvest. 17.Lessor also reserves the right for itself,its agents and its designees,including other government officials,to enter and to have access.at all reasonable times during the term of this lease,to the Leased Property for the purpose of sampling,application,monitoring,testing. screening.mapping,plotting or doing any other procedure.task or function deemed necessary by Lessor,including,but not limited to,inspecting the Leased Property and to make such repairs, additions,or improvements as Lessor may deem necessary. 18.It is understood and agreed that the Lessor reserves the right to cancel this lease at its sole discretion.Should Lessor elect to exercise its right of cancellation without breach by the Lessor.it may do so by written notice addressed to the Lessee at the address of the Lessee provided in this document,on or before October 1,prior to the anniversary date hereof,in which event this lease shall be terminated effective on the anniversary date (January 1)and neither party shall be entitled to further payments or damages as the result of said termination except for any payments due and owing at the time of cancellation. 19.All payments from the Lessee shall become due and payable upon forfeiture of said Lease. or upon abandoning said Leased Property.If Lessor must bring action at law to recover possession, damage or rent,the Lessee agrees to pay a reasonable attorney's fee therefore.and all costs attending the same. 20.Lessee shall inderrmify,defend and hold harmless Lessor and its successors,assigns and representatives from and against any and all damages,claims,losses.costs,liabilities.and expenses of any kind whatsoever (including but not limited to reasonable attorney fees)which may be asserted against or suffered by Lessor or the Leased Property or any part thereof,as a result of.on account of or arising from (i)any breach of any covenant.representation;promise,warranty or agreement made by Lessee,or (ii)injuries or damages to person or property resulting or alleged to result from any fault or negligence of Lessee or his agents or employees,or from the possession, use,occupancy,or maintenance of the Leased Property by Lessee,his agents,employees.or affiliates. 21.Lessor reserves the right to sell,contract to sell,or grant easements or rights—of-wayover, through,under,or on.the Leased Property at any time during the term of this lease,subject to the rights and interests of the Lessee hereunder.Should the Lessor sell the Property.this lease is transferrable to the buyer. South Platte Renew Farm Lease —Craig Farms -2026 Page 3 0f 5 Page 201 of 319 22.Hunting,of any kind,is not permitted on the Leased Property. 23.Correspondence between the Lessor and Lessee shall occur through emailed communications at a minimum of quarterly frequency.Speci?c deadlines for quarterly correspondence are March 315‘,June 30‘“,September 30‘“.and December 315‘.These communications should include status updates on crop rotations and yields,time of cultivation and harvesting periods,and any associated information relevant to the Lessor in regards to biosolids applications.An up-to-date email address and phone number should also be provided by the Lessee for these communications. 24.The Lessee shall provide the Lessor with an annual report summarizing the previous year’s crop yield and plan for the subsequent years crop rotation,cultivation and harvest timing. and expected costs deemed relevant by the Lessor.This report should be submitted by December 31Slfor each term of this agreement. 25.The Leased Property is used for the application of residual biosolids from wastewater. Lessee shall take all reasonable measures to prohibit the general public from accessing the Leased Property. 26.All notices.demands.or other documents required or desired to be given,made or sent to either Party under this Agreement shall be made in writing,shall be deemed effective upon receipt and shall be personally delivered or mailed postage prepaid.certi?ed mail,return receipt requested,as follows: TO LESSOR:TO LESSEE: Cities ofLittleton and Englewood Craig Farms General Partnership,C/o Jerry Craig C/O South Platte Renew 77201 US.Highway 36 2900 South Platte River Drive Byers.CO 80103 Englewood,CO 801 10 South Platte Renew Farm Lease —Craig Farms -2026 Page 4 Of5 Page 202 of 319 The addresses for notices may be changed by written notice given to the other Party in the manner provided above. This lease shall be effective as of the date upon which all three parties have signed below. LESSOR: CITY OF ENGLEWOOD By: Date: CITY OF LITTLETON Date: LESSEE: By:Jerry Jiraig“gag??amier Date:;/fgj/ South Platte Renew Farm Lease ,Craig Fanns -2026 Page 5 of 5 Page 203 of 319 FARM LEASE THIS LEASE is entered into between the Cities of Littleton and Englewood,(collectively referred to hereinafter as “‘Lessor"),and Gary and Nancy Meier and Jason Meier,(referred to hereinafter as “Lessee”).On this date,Lessor has leased to the Lessee,the following described premises situated in the County of Arapahoe,State of Colorado,to wit: [See Exhibit A attached hereto and made a part hereof] Together with all buildings and improvements on the premises (hereinafter referred to as the “Leased Property”)in accordance with the following terms: 1.This lease replaces and supersedes in its entirety,any prior lease agreement between the parties concerning the Leased Property.This lease shall be for the term of one (1)year,renewable annually for five (5)years commencing on January 1,2026,and ending on December 31,2030. Lease rates may be reviewed and changed at each renewal period.The lease rate shall be $21.43 (twenty-one dollars and forty-three Cents)per acre per yearon farmable acres on the Leased Property [see Exhibit B attached hereto and made a part hereof],calculated to be 792.6 acres,for a total lease payment per term of $16,985.42.Payment must be_received by the Lessor by January 31Stfor each calendar year.Throughout the duration of this lease agreement,the Lessor reserves the right to conduct land surveys and appraisals that inform subsequent amendments of the established lease rate. 2.The lease payment is to be made payable to the order of:South Platte Renew and delivered no later than December 31 of each term that this lease is in effect to: South Platte Renew c/o Accounts Receivable 2900 South Platte River Drive Englewood,CO 80110 3.Lessee shall thoroughly plow,cultivate and farm in accordance with good farming practices,all lands comprising the Leased Property that are not in grass,fallowed by mutual agreement of the parties,or otherwise unfarmable.Lessee shall comply with the terms and conditions of all government agricultural programs applicable to the Leased Property,including the Conservation Reserve Program. 4.Lessee shall use the Leased Property as a dryland farm or for livestock grazing (as approved)and for no other purpose whatsoever,and especially will not let or permit the Leased Property to be used for any other business or purpose whatsoever. 5.Lessee shall be responsible for all costs and expenses associated with use of the Leased Property as a dryland farm,except that Lessor,at its own cost and expense,shall be responsible for furnishing,transporting,and applying all fertilizer,in the form of biosolids,to the Leased Property. 6.All fertilizer to be used on the Leased Property shall be transported,furnished,and applied by Lessor at such times and at agronomic rates as determined by Lessor.Lessee shall not South Platte Renew Farm Lease —Meier Farm -2026 Page 1 0f 7 Page 204 of 319 apply any fertilizer on the Leased Property without the prior written consent of Lessor.Lessor may use a portion of the Leased Property for staging areas for biosolids application.Staging area size and location will be as determined by Lessor. 7.Lessee shall not assign this lease,sublet,or relinquish the Leased Property without the express written consent of the Supervisory Committee of South Platte Renew.If the Lessee attempts to assign this lease,sublet,or relinquish the Leased Property without the express written consent of the Supervisory Committee of South Platte Renew,the Lessee shall forfeit all the rights under or by virtue of this lease. 8.Lessee shall protect the Leased Property,including buildings,gates,fences,shrubbery, and improvements thereon from all damages and shall keep the same in the same condition as they are now in.or may be at any time placed in by the Lessor,subject to normal wear and tear. Lessee shall do no act whereby any insurance on buildings may be invalidated and shall not remove.or allow any other person to remove,from the Leased Property any of the buildings, gates.fences.shrubbery,and improvements of any kind. 9.Lessee shall not run furrows so as to cause ditches to wash the Leased Property.unless first having a written consent of the Lessor.Lessee shall clean out and maintain in good repair, during the operation of this Lease.all ditches belonging or appertaining to the Leased Property. 10.Lessee shall well and seasonably put in and tend to the crops grown on the Leased Property,shall have wheat harvested by October 1 of each year and fall crops such as corn,millet or sunflowers harvested by December 31 of each year;and if not harvested as stated,unless a prior agreement was established between both parties.the Lessor may terminate the lease. 1 l.Lessee shall accept the fences upon said Leased Property as they now are now existing. 12.Lessee shall,at the expiration of this Lease,or upon a breach by the Lessee of any of the covenants herein contained,or upon cancellation of the lease as outlined in paragraph 14,without further notice of any kind,immediately quit and surrender the possession and occupancy of Leased Property in as good condition as careful use and natural wear and tear thereof will permit. 13.All goods and chattels.or any other property used or kept on the Leased Property,shall be held for the rent or damages under this Lease,whether exempt from execution or not,meaning or intending hereby to give the Lessor a valid and first lien upon any and all goods and chattels, crops and other property belonging to the Lessee. l4.Lessee shall cultivate around any structures or facilities on the Leased Property. 15.The Lessor reserves the right to immediately cancel the lease during any term for any of the following reasons,each of which are deemed a breach:(a)if the Lessee should take any action or fail to take any action that threatens the Lessor’s interest in the Leased Property,including the violation of any environmental laws,rules.regulations or standards;(b)if the Lessee is not farming the Leased Property at all or not farming in a manner that constitutes good farming practices,in accordance with generally accepted farming practices and the Colorado State Extension Service; (0)if the Lessor is no longer utilizing the Leased Property for the production of crops.Should Lessor choose to cancel the lease for any of the foregoing reasons,notice of said cancellation shall South Platte Renew Farm Lease —Meier Farm -2026 Page 2 of7 Page 205 of 319 be effective by mailing notice by regular mail to Lessor at the address provided in this document. Lessor shall not be liable for any costs claimed by Lessee in association with cancelling this lease pursuant to this paragraph. 16.In the event the Lessor exercises the termination right as outlined in paragraph 14,it is understood that the Lessee may retain possession of the Leased Property and harvest the current growing crops before the termination date;however,the Lessee shall not plant any additional crops on the Leased Property after the Lessee's receipt of the notice.If the Lessee has incurred expenses for growing a future crop before receipt of the notice,or if the Lessee fails to harvest the crops on the Leased Property prior to the termination date,the lease will be extended temporarily to allow the Lessee an opportunity to recoup outlaid expenses at the next harvest. 17.Lessor also reserves the right for itself,its agents and its designees,including other government of?cials,to enter and to have access,at all reasonable times during the term of this lease,to the Leased Property for the purpose of sampling,application,monitoring,testing, screening,mapping,plotting or doing any other procedure,task or function deemed necessary by Lessor,including.but not limited to,inspecting the Leased Property and to make such repairs, additions,or improvements as Lessor may deem necessary. 18.It is understood and agreed that the Lessor reservesthe right to cancel this lease at its sole discretion.Should Lessor elect to exercise its right of cancellation without breach by the Lessor.it may do so by written notice addressed to the Lessee at the address of the Lessee provided in this document,on or before October 1,prior to the anniversary date hereof,in which event this lease shall be terminated effective on the anniversary date (January I)and neither party shall be entitled to further payments or damages as the result of said termination except for any payments due and owing at the time of cancellation. 19.All payments from the Lessee shall become due and payable upon forfeiture of said Lease, or upon abandoning said Leased Property.If Lessor must bring action at law to recover possession. damage or rent,the Lessee agrees to pay a reasonable attorney's fee therefore,and all costs attending the same. 20.Lessee shall indemnify,defend and hold harmless Lessor and its successors.assigns and representatives from and against any and all damages,claims,losses,costs,liabilities,and expenses of any kind whatsoever (including but not limited to reasonable attorney fees)which may be asserted against or suffered by Lessor or the Leased Property or any part thereof,as a result of,on account of or arising from (i)any breach of any covenant,representation;promise,warranty or agreement made by Lessee,or (ii)injuries or damages to person or property resultng or alleged to result from any fault or negligence of Lessee or his agents or employees,or from the possession, use.occupancy.or maintenance of the Leased Property by Lessee,his agents,employees,or affiliates. 21.Lessor reseryes the right to sell,contract to sell,or grant easements or rights—of—wayover, through,under,or on,the Leased Property at any time during the term of this lease,subject to the rights and interests of the Lessee hereunder.Should the Lessor sell the Property.this lease is transferrable to the buyer. 22.Hunting,of any kind,is not permitted on the Leased Property. South Platte Renew Farm Lease —Meier Farm —2026 Page 3 Of 7 Page 206 of 319 23.Correspondence between the Lessor and Lessee shall occur through emailed communications at a minimum of quarterly frequency.These communications should include status updates on crop rotations and yields,time of cultivation and harvesting periods,and any associated information relevant to the Lessor in regards to biosolids applications.An up-to-date email address and phone number should also be provided by the Lessee for these communications. 24.The Lessee shall provide the Lessor with an annual report summarizing the previous year’s crop yield and plan for the subsequent year‘s crop rotation,cultivation and harvest timing. and expected costs deemed relevant by the Lessor. 25.The Leased Property is used for the application of residual biosolids from wastewater. Lessee shall take all reasonable measures to prohibit the general public from accessing the Leased Property. 26.All notices.demands.or other documents required or desired to be given,made or sent to either Party under this Agreement shall be made in writing,shall be deemed effective upon receipt and shall be personally delivered or mailed postage prepaid,certi?ed mail.retum receipt requested.as follows:’’T TO LESSOR:TO LESSEES: Cities ofLittleton and Englewood Gary and Nancy Meier C/O South Platte Renew 3265 SCR 185 2900 South Platte River Drive Byers.CO 80103 Englewood,CO 801 10 South Platte Renew Farm Lease —Meier Farm -2026 Page 4 Of 7 Page 207 of 319 The addresses for notices may be changed by written notice given to the other Party in the manner provided above. This lease shall be effective as of the date upon which all three parties have signed below. LESSOR: CITY OF ENGLEWOOD By: Date: CITY OF LITTLETON By: Date: LESSEES: By:G3eié‘ 7 a».C Q .ason eier w,2?’25 Date: South Platte Renew Farm Lease —Meier Farm -2026 Page 5 0f 7 Page 208 of 319 Exhibit A Parcel 1: The East 1/2of Section 33,Township 3 South,Range 57 West of the 6mP.M., County of Adams,State of Colorado. The farmable acres in Parcel 11: The West 1/of Section 8,Township 4 South,Range 5 7 West ofthe 6‘“P.M., EXCEPT the West 40 feet for county road purposes as described in Quit Claim Deed recorded September 8,1948,in Book 618,at Page 121,County of Arapahoe.State of Colorado. The farmable acres in Parcel 111: Section 17,Township 4 South,Range 57 West of the 6‘11P.M.,EXCEPT the West 40 feet and the South 40 feet thereof as described in Quit Claim Deed recorded September 8,1948,in Book 618,Page 128,County of Arapahoe, State of Colorado. South Platte Renew Farm Lease —Meier Farm -2026 Page 6 Of 7 Page 209 of 319 Exhibit B,Farmable Acres 1012N17 1023W8 1022517 South Platte Renew Farm Lease —Meier Farm -2026 Page 7 of 7 Page 210 of 319 FARM LEASE THIS LEASE is entered into between the Cities of Littleton and Englewood,(collectively referred to hereinafter as “Lessor”),and Kent Beichle,(referred to hereinafter as “'Lessee").On this date,Lessor has leased to the Lessee,the following described premises situated in the County of Arapahoe,State of Colorado,to wit: [See Exhibit A attached hereto and made a part hereof] Together with all buildings and improvements on the premises (hereinafter referred to as the “Leased Property")in accordance with the following terms: 1.This lease replaces and supersedes in its entirety,any prior lease agreement between the parties concerning the Leased Property.This lease shall be for the term of one (1)year,renewable annually for five (5)years commencing on January 1,2026,and ending on December 31,2030. Lease rates may be reviewed and changed at each renewal period.The lease rate shall be $16.00 (sixteen dollars)per acre per year on farmable acres on't‘he Leased‘Property,calculated—tobe 947 farmable acres,for a total lease payment per term of $15,152.00.Payment must be received by the Lessor by December 31Stfor the upcoming crop year.Throughout the duration of this lease agreement.the Lessor reserves the right to conduct land surveys and appraisals that inform subsequent amendments of the established lease rate. 2 The lease payment is to be made payable to the order of:South Platte Renew and delivered no later than December 31 of each term that this lease is in effect to: South Platte Renew c/o Accounts Receivable 2900 South Platte River Drive Englewood,CO 801 10 3.Lessee shall thoroughly plow,cultivate and farm in accordance with good farming practices,all lands comprising the Leased Property that are not in grass,fallowed by mutual agreement of the parties,or otherwise unfamrable.Lessee shall comply with the terms and conditions of all government agricultural programs applicable to the Leased Property,including the Conservation Reserve Program. 4.Lessee shall use the Leased Property as a dryland farm or for livestock grazing (as approved)and for no other purpose whatsoever,and especially will not let or permit the Leased Property to be used for any other business or purpose whatsoever. 5.Lessee shall be responsible for all costs and expenses associated with use of the Leased Property as a dryland farm. 6.Lessee shall not assign this lease,sublet,or relinquish the Leased Property without the express written consent of the Supervisory Committee of South Platte Renew.If the Lessee attempts to assign this lease,sublet,or relinquish the Leased Property without the express written consent of the Supervisory Committee of South Platte Renew,the Lessee shall forfeit all the rights under or by virtue of this lease. South Platte Renew Farm Lease —Kent Beichle Farm -2026 Page l Of 6 Page 211 of 319 7.Lessee shall protect the Leased Property,including buildings,gates,fences,shrubbery, and improvements thereon from all damages and shall keep the same in the same condition as they are now in,or may be at any time placed in by the Lessor,subject to normal wear and tear. Lessee shall do no act whereby any insurance on buildings may be invalidated and shall not remove,or allow any other person to remove,from the Leased Property any of the buildings, gates.fences,shrubbery,and improvements of any kind. 8.Lessee shall not run furrows so as to cause ditches to wash the Leased Property,unless first having a written consent of the Lessor.Lessee shall clean out and maintain in good repair, during the operation of this Lease,all ditches belonging or appertaining to the Leased Property. 9.Lessee shall well and seasonably put in and tend to the crops grown on the Leased Property.shall have wheat harvested by October 1 ofeach year and fall crops such as corn.millet or sunflowers harvested by December 31 of each year;and if not harvested as stated,unless a prior agreement was established between both parties,the Lessor may terminate the lease. 10.Lessee shall accept the fences upon said Leased Property as they now are now existing. 1 l.Lessee shall,at the expiration of this Lease,or upon a breach by the Lessee of any of the covenants herein contained,or upon cancellation ofthe lease as outlined in paragraph 14,without further notice of any kind,immediately quit and surrender the possession and occupancy of Leased Property in as good condition as careful use and natural wear and tear thereof will permit. 12.All goods and chattels,or any other property used or kept on the Leased Property,shall be held for the rent or damages under this Lease,whether exempt from execution or not,meaning or intending hereby to give the Lessor a valid and ?rst lien upon any and all goods and chattels, crops and other property belonging to the Lessee. l3.Lessee shall cultivate around any structures or facilities on the Leased Property. 14.The Lessor reserves the right to immediately cancel the lease during any term for any of the following reasons,each of which are deemed a breach:(a)if the Lessee should take any action or fail to take any action that threatens the Lessor‘s interest in the Leased Property,including the violation of any environmental laws,rules,regulations or standards;(b)ifthe Lessee is not fanning the Leased Property at all or not farming in a manner that constitutes good farming practices,in accordance with generally accepted farming practices and the Colorado State Extension Service; (c)if the Lessor is no longer utilizing the Leased Property for the production of crops.Should Lessor choose to cancel the lease for any of the foregoing reasons,notice of said cancellation shall be effective by mailing notice by regular mail to Lessor at the address provided in this document. Lessor shall not be liable for any costs claimed by Lessee in association with cancelling this lease pursuant to this paragraph. 15.In the event the Lessor exercises the termination right as outlined in paragraph 14,it is understood that the Lessee may retain possession of the Leased Property and harvest the current growing crops before the termination date;however,the Lessee shall not plant any additional crops on the Leased Property after the Lessee's receipt of the notice.If the Lessee has incurred expenses for growing a future crop before receipt of the notice,or if the Lessee fails to harvest South Platte Renew Farm Lease 7 Kent Beichle Farm -2026 Page 2 Of6 Page 212 of 319 the crops on the Leased Property prior to the termination date,the lease will be extended temporarily to allow the Lessee an opportunity to recoup outlaid expenses at the next harvest. 16.Lessor also reserves the right for itself,its agents and its designees,including other government officials,to enter and to have access,at all reasonable times during the term of this lease,to the Leased Property for the purpose of sampling,application,monitoring.testing, screening,mapping,plotting or doing any other procedure,task or function deemed necessary by Lessor,including,but not limited to,inspecting the Leased Property and to make such repairs, additions,or improvementsas Lessor may deem necessary. 17.It is understood and agreed that the Lessor reserves the right to cancel this lease at its sole discretion.Should Lessor elect to exercise its right ofcancellation without breach by the Lessor,it may do so by written notice addressed to the Lessee at the address of the Lessee provided in this docmnent,on or before October 1,prior to the anniversary date hereof,in which event this lease shall be terminated effective on the anniversary date (January 1)and neither party shall be entitled to further payments or damages as the result of said termination except for any payments due and owing—atthetimeof—cancellation.ir.7A,..7..W.W W #7 18.All payments from the Lessee shall become due and payable upon forfeiture of said Lease, or upon abandoning said Leased Property.IfLessor must bring action at law to recover possession, damage or rent,the Lessee agrees to pay a reasonable attorney's fee therefore,and all costs attending the same. 19.Lessee shall indemnify,defend and hold harmless Lessor and its successors,assigns and representatives from and against any and all damages,claims,losses,costs.liabilities,and expenses of any kind whatsoever (including but not limited to reasonable attorney fees)which may be asserted against or suffered by Lessor or the Leased Property or any part thereof,as a result of,on account of or arising from (i)any breach of any covenant,representation;promise,warranty or agreement made by Lessee,or (ii)injuries or damages to person or property resulting or alleged to result from any fault or negligence of Lessee or his agents or employees,or from the possession, use,occupancy,or maintenance of the Leased Property by Lessee.his agents,employees,or affiliates. 20.Lessor reserves the right to sell,contract to sell,or grant easements or rights—of—wayover, through,under,or on,the Leased Property at any time during the term of this lease.subject to the rights and interests of the Lessee hereunder.Should the Lessor sell the Property.this lease is transferrable to the buyer. 21.Hunting,of any kind,is not permitted on the Leased Property. 22.Correspondence between the Lessor and Lessee shall occur through emailed communications at a minimum of quarterly frequency.These communications should include status updates on crop rotations and yields,time of cultivation and harvesting periods,and any associated information relevant to the Lessor in regards to biosolids applications.An up—to-date email address and phone number should also be provided by the Lessee for these communications. 23.The Lessee shall provide the Lessor with an annual report summarizing the previous South Platte Renew Farm Lease —Kent Beichle Farm -2026 Page 3 Of6 Page 213 of 319 year’s crop yield and plan for the subsequent year’s crop rotation,cultivation and harvest timing. and expected costs deemed relevant by the Lessor. 24.The Leased Property is used for the application of residual biosolids from wastewater. Lessee shall take all reasonable measures to prohibit the general public from accessing the Leased Property. 25.All notices,demands,or other documents required or desired to be given.made or sent to either Party under this Agreement shall be made in writing,shall be deemed effective upon receipt and shall be personally delivered or mailed postage prepaid,certi?ed mail,return receipt requested,as follows: TO LESSOR:TO LESSEE: Cities of Littleton and Englewood Kent Beichle C/O South Platte Renew 7475 South County Road 145 7 7 #77,7 _;900 South7Platte7RiveILDrive7 7 77 7 77#7~_Bennett7,_C7©78010727_#7*#A 7 77 777 7 Englewood,CO 80110 South Platte Renew Farm Lease —Kent Beichle Farm -2026 Page 4 Of 6 Page 214 of 319 The addresses for notices may be changed by written notice given to the other Party in the manner provided above. This lease shall be effective as of the date upon which all three parties have signed below. LESSOR: CITY OF ENGLEWOOD Date: CITY OF LITTLETON Date: LESSEE: Jdl M‘ By:Kent Beichle 4/95—pw~ Date: South Platte Renew Farm Lease ,Kent Beichle Farm -2026 Page 5 0f 6 Page 215 of 319 Exhibit A Parcel 1: The 81/2of Section 23,except the W 40 feet deeded in Book 636 at Page 9, and the SW%ofSection 24,all in Township 5 South;Range 63 West of the 6IhP.M.,County of Arapahoe,State of Colorado. Parcel II: The WVzand the Wl/z of the EV:of Section 25,all in Township 5 South; Range 63 West of the 6thP.M.,County of Arapahoe,State of Colorado. South Platte Renew Fann Lease e Kent Beichle Farm -2026 Page 6 Of6 Page 216 of 319 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, July 24, 2025 Page 1 of 9 MINUTES Supervisory Committee Meeting Thursday, July 24, 2025; meeting held via Teams – 9 a.m. South Platte Renew (SPR) 2900 South Platte River Drive, Englewood, CO 80110 COMMITTEE MEMBERS PRESENT: Jim Becklenberg City of Littleton, City Manager Shawn Lewis City of Englewood, City Manager Victor Rachael City of Englewood, Public Works Director Brent Soderlin City of Littleton, Public Works & Utilities Director STAFF PRESENT: Kacie Allard SPR Deputy Director – Business Solutions Blair Corning SPR Deputy Director – Environmental Programs Elizabeth DeWaard SPR Business Solutions Supervisor Kevin Engels City of Englewood, Director of Finance Ryan Germeroth City of Littleton, Public Works and Utilities Deputy Director Shannon Harney SPR Engineer II Anthony Hernandez SPR Engineer II Alyssa Hoffman SPR Procurement Specialist Izaiah Kruenegel SPR Deputy Director – O&M Laurie Matta City of Littleton, Director of Finance Victoria McDermott City of Englewood, Deputy City Attorney Brianna Miller SPR Engineer II Matt Montgomery SPR Attorney, Hill & Robbins Nora Montross SPR Engineering Intern Trudi Peepgrass City of Englewood, Procurement & Contracts Manager David Robbins SPR Attorney, Hill & Robbins Angela Sapir SPR Administrative Specialist Bryan Schmerber SPR Engineering Supervisor Carly Schmidt SPR Public Outreach and Marketing Administrator Anna Schroeder SPR Engineering Manager Makenna Shaw SPR Business Solutions Supervisor Carly Spradlin SPR Records Intern Andrea Stucky Acob SPR Environmental Scientist III Malia Tuioti-Mariner SPR Engineering Intern Pieter Van Ry SPR Director Roxanne Ward SPR Records and Information Specialist Zeena Williss SPR Engineering Manager Page 217 of 319 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, July 24, 2025 Page 2 of 9 GUESTS: None I. Call to Order The July Supervisory Committee meeting was called to order by Pieter Van Ry, SPR Director. Director Van Ry welcomed everyone to the meeting. II. Consideration of Minutes for Previous Supervisory Committee Meetings ACTION TAKEN – The Supervisory Committee considered the recommendation to approve the May 22, 2025, Supervisory Committee meeting minutes. Committee Member Soderlin moved to approve the minutes, Committee Member Lewis seconded the motion, four ayes, and zero nays. Minutes approved. III. Action Items SPR Farm Lease Agreement Renewals Andrea Stucky Acob, SPR Environmental Scientist III, presented the Supervisory Committee with a recommendation to approve the renewal of four (4) amended lease agreements between the Cities of Littleton and Englewood (Cities) and their existing Lessees. Amendments to the lease agreements include increased cash rent for a total annual revenue of $145,995.01 for 7,052.6 acres. The lease is for the term of one (1) year, renewable annually for five (5) years commencing on January 1, 2026, and ending on December 31, 2030. SPR further recommends that the Supervisory Committee endorse SPR seeking approval by ordinance for the leases from the Littleton and Englewood City Councils. SPR manages 7,530.6 acres of farmland for the beneficial land application of biosolids, providing a sustainable and cost-effective alternative to landfill or composting. In 2024, the Beneficial Use Program avoided more than $1 million in landfill costs and approximately $750,000 in composting costs. Land application provides local farmers with nutrient-rich fertilizer, ensures SPR complies with regulatory requirements, strengthens partnerships with tenant farmers, and allows SPR to maintain control over the management and use of biosolids. The existing lease agreements are between the Cities and Progressive Farms, Craig Farms General Partnership, Gary and Nancy Meier and Jason Meier (Meier), and Kent Beichle. The revised leases include updated cash rent rates based on 2024 agricultural benchmarks, as well as a reinstated requirement for SPR approval before tenants apply commercial fertilizer where biosolids are used. The cash rent for cropland has been increased to $21.43/acre for the three (3) leases receiving biosolids application. While Meier is renewing only their cropland acres and not rangeland, SPR has potential interest from another tenant, and the land remains available for biosolids application. Additionally, SPR has renewed the Page 218 of 319 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, July 24, 2025 Page 3 of 9 Beichle lease at a 25% discount since biosolids cannot be applied there due to nearby residences and odor concerns. SPR recommends that the Supervisory Committee approve the renewal of four (4) amended lease agreements between Cities and their existing Lessees. Renewing the leases ensures program stability, provides predictable benefits to tenant farmers, and secures long-term capacity for biosolids application. Contingency plans are in place should land availability become constrained; however, SPR remains confident there is sufficient acreage to meet future needs. ACTION TAKEN – The Supervisory Committee considered the recommendation to approve the amendments to four lease agreements between the Cities of Littleton and Englewood and the existing Lessees, and that SPR seek Littleton and Englewood City Council approval of the agreements by ordinance. Committee Member Rachael moved to approve the recommendation, Committee Member Lewis seconded the motion, four ayes, and zero nays. Motion approved. SPR Compensation & Classification Plan Structure Update Kacie Allard, SPR Deputy Director – Business Solutions, presented the Supervisory Committee with a recommendation to approve an update to SPR’s Compensation Plan that includes a 3% increase to all salary ranges in the salary structure to stay current with general consumer price index increases over the past two (2) years. Additionally, SPR recommends approval of targeted increases for Operations Supervisor and Operator positions, based on an updated market analysis. These adjustments will result in a total estimated annualized budget impact of $116,792. The proposed update has two components. First, a 3% upward adjustment to the salary structure, excluding Englewood Employee Association (EEA) positions, to account for inflationary impacts, regional wage growth, and long-term workforce stability. While the structure will increase, actual 2025 salary adjustments will follow the City of Englewood’s increase, ensuring alignment with the City while keeping SPR’s ranges competitive over time. The second component is targeted wage adjustments for Operations Supervisor and Operator positions based on a market analysis of comparable regional peers. The analysis identified significant pay gaps, and the recommended adjustments are designed to reduce turnover, improve retention, and strengthen SPR’s competitiveness in the operations workforce. The proposed changes were reviewed with EEA leadership, who support the targeted increases for Operations roles. This update follows the Supervisory Committee’s May 2023 approval of an independent SPR compensation plan, which allows SPR to respond more quickly to market conditions without impacting the broader City of Englewood compensation system. The proposed changes carry an estimated annualized budget impact of $116,792, including wages, Page 219 of 319 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, July 24, 2025 Page 4 of 9 retirement contributions, and shift differential costs. Because implementation is scheduled to take place more than halfway through the year, SPR anticipates that the $60,000 budgeted for market-based adjustments will be sufficient to cover the 2025 impact, with any minimal remaining costs absorbed through vacancy savings. SPR recommends that the Supervisory Committee approve the proposed updates to the SPR Compensation and Classification Plan Structure. Adopting these adjustments ensures salary structures remain aligned with inflation and market conditions, addresses pay gaps in critical operations roles, and reinforces SPR’s ability to recruit and retain a skilled workforce in a competitive labor environment. ACTION TAKEN – The Supervisory Committee considered the recommendation to approve SPR’s proposed Compensation Plan adjustments, resulting in an annualized budget impact of $116,792. Committee Member Becklenberg moved to approve the recommendation, Committee Member Soderlin seconded the motion, four ayes, and zero nays. Motion approved. 2026 SPR Proposed Draft Budget Deputy Director Allard presented the Supervisory Committee with a recommendation to forward the Draft 2026 Budget, in the amount of $40,988,565, to the City of Englewood (COE) and the City of Littleton (COL) Councils for their consideration and approval. The Draft 2026 Budget provides a concise summary of SPR’s Enterprise expenses and revenue for the 2026 fiscal year to ensure that both Cities’ sewer funds are prepared to cover the proposed expenses. The budget reflects an overall increase of approximately 3.8% from 2025. The increase is primarily driven by capital expenses needed to execute the 2024 Master Plan. SPR expects to see its capital expenses increase substantially over the next 10 years in order to meet required regulatory improvements and infrastructure reinvestment needs, and has begun working with both Cities to begin planning the approach to funding these improvements. SPR will present the Draft 2026 Budget to the COE and COL City Councils at the Joint Council Study Session on Thursday, August 21, 2025, as an informational item and has shared it with both Cities to incorporate into the sewer fund budgets. ACTION TAKEN – The Supervisory Committee considered the recommendation to approve forwarding the SPR Draft 2026 Budget, in the amount of $40,988,565, to the Englewood and Littleton City Councils for their consideration and approval. Committee Member Lewis moved to approve the recommendation, Committee Member Rachel seconded the motion, four ayes, and zero nays. Motion approved. Page 220 of 319 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, July 24, 2025 Page 5 of 9 Digester & DAFT Buildings MCC Replacement Project – HVAC Replacements – Amendment #5 Shannon Harney – SPR Engineer II, presented the Supervisory Committee with a recommendation to approve Amendment #5 the Professional Services Agreement (PSA) with Carollo Engineers, Inc. (Carollo), in the amount of $233,300, for Engineering Services related to the HVAC Replacements for the Digester & Dissolved Air Floatation Thickeners (DAFT) Buildings Motor Control Center (MCC) Replacement Project. SPR identified the MCCs in the DAFT and Digester buildings as aging critical infrastructure, which are currently under construction for replacement. A 2024 risk analysis further identified the three (3) air conditioning units that provide cooling to the MCC rooms as high- risk assets due to their age, poor condition, obsolescence, and increasing maintenance requirements. Failure of these units could result in overheating of newly installed MCCs, equipment damage, safety risks to staff, and potential process and regulatory impacts. Amendment #5 will provide full design services for the replacement of these HVAC units. SPR selected Carollo as an optimal source for the original PSA in February 2023 due to their proven expertise on previous SPR projects, including MCC and switchgear replacements, their knowledge of SPR’s electrical design standards, and their established working relationship with SPR staff. SPR recommends selecting Carollo for this amendment to the HVAC design with ongoing MCC construction to reduce risk, maintain project efficiency, and ensure safe operating conditions. SPR recommends that the Supervisory Committee approve Amendment #5 to the PSA with Carollo to ensure that critical HVAC infrastructure is replaced before failure, protect newly installed MCC equipment, and maintain safe working conditions for SPR staff while supporting project efficiency and schedule. ACTION TAKEN – The Supervisory Committee considered the recommendation to approve Amendment No. 5 to the Professional Services Agreement with Carollo Engineers, Inc., in the amount of $233,300, for Engineering Design Services related to HVAC Replacements for the Digester & DAFT Buildings MCC Replacement Project. Committee Member Becklenberg moved to approve the recommendation, Committee Member Lewis seconded the motion, four ayes, and zero nays. Motion approved. Electrical Asset Renewal Project – Amendment #1 Shannon Harney – SPR Engineer II, presented the Supervisory Committee with a recommendation to approve Amendment No. 1 to the Contract for Services (CFS) Agreement with AmWest Control, Inc. (AmWest), in the amount of $499,949, for Design and Construction Phase Services related to the Electrical Asset Renewal Project. Page 221 of 319 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, July 24, 2025 Page 6 of 9 The Supervisory Committee approved the original CFS Agreement with AmWest in January 2025, which includes the replacement of various control devices supporting the Supervisory Control and Data Acquisition (SCADA) system that have been identified as obsolete. Upon further analysis, SPR identified additional critical components in need of replacement: six (6) Variable Frequency Drives, updates to VIG modules, and cable replacement within Power Metering Modules. These upgrades are necessary to replace obsolete equipment, improve voltage monitoring, and strengthen communications through Ethernet/IP protocols. The project is scheduled for estimated completion in January 2026. SPR selected AmWest for the original CFS agreement as the optimal source due to their ongoing role as the original integrator of SPR’s SCADA system and their extensive experience maintaining and supporting SPR’s system operations; and SPR recommends extending the contract with this amendment. SPR recommends that the Supervisory Committee approve Amendment No. 1 to the CFS Agreement with AmWest in order to reduce the risk of failure of obsolete SCADA components, enhance system reliability and communication, and maintain safe and efficient operations. ACTION TAKEN – The Supervisory Committee considered the recommendation to approve Amendment No. 1 to the Contract for Services Agreement with AmWest Control, Inc., in the amount of $499,949, for Design and Construction Phase Services related to the Electrical Asset Renewal Project. Committee Member Soderlin moved to approve the recommendation, Committee Member Lewis seconded the motion, four ayes, and zero nays. Motion approved. Admin Building Roof Replacement Project – Assessment & Construction Services Brianna Miller, SPR Engineer II, presented the Supervisory Committee with a recommendation to approve a Construction Contract with Better Line Roofing (Better Line), in the not-to-exceed amount of $129,800, for Assessment and Construction Services related to the Administration Building Roof Replacement Project (Project). The Administration Building roof was originally installed in 1999 with a 20-year warranty and has exceeded its useful life. Leaks have developed across multiple areas, including offices, conference spaces, and corridors, causing water damage in newly renovated spaces and creating safety risks such as slips, trips, and falls. The roof also protects critical electrical, mechanical, and SCADA equipment that supports SPR’s operations, making its deterioration a significant concern. The Project will replace the roof and gutter sections installed in 1999 while leaving newer areas intact, ensuring protection of staff, infrastructure, and recent interior investments. Page 222 of 319 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, July 24, 2025 Page 7 of 9 In April 2025, SPR issued a Request for Proposals and received four (4) competitive submissions. The SPR selection committee evaluated the proposals and selected Better Line. Better Line’s quote is the lowest price while also scoring highly on qualifications and project experience. Their proven history with similar commercial roofing projects and positive feedback from multiple references give SPR confidence in their ability to deliver a durable, high-quality solution. SPR recommends approval of a Construction Contract with Better Line to ensure deteriorated roof sections are replaced before further damage occurs, reduce safety risks for staff, and safeguard critical infrastructure and newly remodeled spaces. ACTION TAKEN – The Supervisory Committee considered the recommendation to approve a Construction Contract with Better Line Roofing, in the amount of $129,800, for Assessment and Construction Services related to the Administration Building Roof Replacement Project. Committee Member Rachael moved to approve the recommendation, Committee Member Becklenberg seconded the motion, four ayes, and zero nays. Motion approved. IV. Informational Items SPR staff discussed these informational items with the Committee: • 2025 Engineering Internship Program Summary o The SPR Engineering Division is completing its sixth year of the SPR Engineering Internship program in 2025. The interns, Nora Montross & Malia Tuioti-Mariner, presented an overview of their initiatives, experiences, and key takeaways from their time at SPR. • Director's Update o Deputy Director Allard reported on the 2025 WaterFest held on June 26, 2025. The WaterFest welcomed 265 attendees and 12 community partners, with both Cities hosting event booths. This event provides an opportunity to amplify the message of environmental stewardship and water conservation. o Blair Corning, SPR Deputy Director – Environmental Programs, informed the Committee of an Environmental Protection Act Audit that took place in June 2025. Preliminary reports did not indicate any major findings. The final report is expected to be received in August 2025. o Izaiah Kruenegel, SPR Deputy Director – O&M, provided an update on SPR’s participation in the Voluntary Incentive Program, which allows SPR Page 223 of 319 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, July 24, 2025 Page 8 of 9 to earn up to 10 years of deferment on the adoption of Regulation 31 limits. SPR is refining its approach to the program and will begin prioritizing phosphorus removal over nitrogen removal in order to maximize savings and results. o Bryan Schmerber, SPR Engineering Supervisor, announced that in July 2025, the initial capital investment of $7.8 million on the Pipeline Injection System has been recovered. Payback was achieved in 5.5 years, 1.5 years of the 7-year maximum payback estimate. As of August 2025, SPR will begin generating rate offsetting revenue for the Cities. SPR will work with both Cities’ Communications Departments to market this significant milestone achievement. o Director Van Ry presented the 2025 Joint Council Study Session Presentation for Committee review. • SPR Influent Flow and Load Summary o The measured flow to SPR averaged 20.3 mgd in June 2025, which is a decrease of 0.2 mgd from June 2024. The measured ten (10)-month average flow split was 45.0 / 55.0 percent between the Cities of Littleton and Englewood. • SPR Voluntary Incentive Program Summary o SPR has received 8.5 years of credits and is on track to receive the full extension of 10 years. As of June 2025, SPR has achieved 0 days toward its target treatment goals for Total Inorganic Nitrogen and 6 days for Total Phosphorus. • SPR Pipeline Injection System Summary o As of June 2025, SPR received $752,246 in year-to-date gross receivables on the Pipeline Injection System. The payback is complete as of July 2025. • Fiscal Management and Reporting o Deputy Director Allard presented the financial report and aggregate purchases report for May and June 2025. Page 224 of 319 South Platte Renew 2900 S. Platte River Dr., Englewood, CO 80110 P (303) 762-2600 F (303) 762-2620 www.SouthPlatteRenewCO.gov OWNED BY LITTLETON/ENGLEWOOD SUPERVISORY COMMITTEE MEETING MINUTES Thursday, July 24, 2025 Page 9 of 9 V. Adjournment The annual Joint Council Study Session is scheduled for Thursday, August 21, 2025, at 7:30 a.m. at SPR. The meeting will take the place of the regularly scheduled Supervisory Committee meeting for August 2025. The next Supervisory Committee meeting is scheduled for Thursday, September 25, 2025, at 9 a.m., held via Microsoft Teams. Adjourned at 10:37 a.m. Recording Secretary Signature Angela Sapir The SPR Supervisory Committee approved the July 24, 2025, meeting minutes during the September 25, 2025, Supervisory Committee meeting. Committee Member Lewis moved to approve the minutes, Committee Member Soderlin seconded the motion, three ayes, and zero nays. Minutes approved. Committee Member Becklenberg excused. Page 225 of 319 South Platte Renew Farm Lease Agreement Renewals Presented By: Pieter Van Ry, Director of South Platte Renew and Englewood Utilities, and Blair Corning, Deputy Director –Environmental Programs Pa g e 2 2 6 o f 3 1 9 Biosolids Program Background •Organic material produced during wastewater treatment process •Stabilized, dewatered, and tested to meet strict state and federal standards •Land applied as fertilizer and soil amendment since 1980s Pa g e 2 2 7 o f 3 1 9 Why Land Apply? •Cost-effective •Recover beneficial resource •Regulatory confidence Pa g e 2 2 8 o f 3 1 9 Farm Location •Produce 3,500 dry tons/year •Haul 1,000 truckloads/year •Own 7,500 acres of land Pa g e 2 2 9 o f 3 1 9 Farmer Partners Farmer Years Leasing from SPR Progressive Farms 29 Craig Farms 29 Meier 18 Beichle 18 Pa g e 2 3 0 o f 3 1 9 Lease Rates Update Lessee Acres Leased Current Lease Rates ($/acre) Proposed Lease Rates ($/acre) 2026 Projected Annual Revenue Progressive Farms 4,993 $16 $21.43 $107,000 Craig Farms 320 $16 $21.43 $6,858 Meier 792.6 $16 $21.43 $16,985 Beichle 947 $14 (no biosolids)$16 $15,152 Total 7,052.6 $145,995 Rate based on average of 2024 Colorado State Land Board Rate and the 2024 National Agriculture Statistics Service (USDA) Rate. Pa g e 2 3 1 o f 3 1 9 Approval by ordinance of four lease agreements at the updated lease rates. Recommendation Pa g e 2 3 2 o f 3 1 9 Questions? Pa g e 2 3 3 o f 3 1 9 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jaxon Higgins DEPARTMENT: City Attorney's Office DATE: December 1, 2025 SUBJECT: Resolution opting out of duplicative state Electric Vehicle charging permit process DESCRIPTION: HB 24-1173 requires the City to either adopt a standard EV charging permit process, or to opt out of it. This resolution would opt out of the permitting process. RECOMMENDATION: By state law, Englewood must either implement a dedicated EV charger permitting process, or opt out of the state EV charger permitting process. After evaluation of the City's current permitting process applicable to EV chargers, City staff determined an additional, dedicated permitting process for EV chargers is unnecessary. Therefore, staff recommends that City Council opt out of the state permitting process. SUMMARY: A 2024 state of Colorado law requires cities to take action regarding EV chargers. We have three options: (1) adopt the state model permitting process; (2) adopt our own process; or (3) opt out. City Sustainability and Community Development staff evaluated the City's current permitting processes applicable to EV chargers for both electric and building, and determined that a new, additional permitting process specific to EV chargers is unnecessary. This resolution would therefore opt out of the state permitting process. ANALYSIS: On May 21, 2024, Colorado Governor Jared Polis signed into law HB 24-1173. The Colorado General Assembly described the bill here, https://leg.colorado.gov/bills/hb24-1173, as follows: The act establishes permitting procedures for electric vehicle (EV) charging systems for counties with a population of 20,000 or more (covered county) and municipalities with a population of 10,000 or more (covered municipality). On or before December 31, 2025, a board of county commissioners of a covered county or the governing body of a covered municipality must do one of the following  Adopt an ordinance or resolution that incorporates the same standards and permitting process or less restrictive standards and permitting process as the standards and permitting process described in the Colorado energy office's EV charger permitting model code that the office is required to publish on or before March 31, 2025;  Adopt an ordinance or resolution that establishes the covered county's or covered municipality's own objective standards and administrative review process to be used by the covered county or covered municipality permitting agency in the agency's review of EV charger permits, which ordinance or resolution must comply with certain requirements; or Page 234 of 319  Adopt an ordinance or resolution that establishes that the covered county or covered municipality does not intend to adopt the EV charger model code or adopt the standards and administrative review process required by the act, but instead will continue to utilize the covered county's or covered municipality's existing permitting review process for EV charging systems. Chief Building Official Karen Montanez describes existing Municipal Code applicable to EV charging permits as follows: All work must be performed as required by the most recently adopted National Electrical Code. An electrical permit is required for residential and commercial chargers requiring new wiring, are hardwired into the existing electrical system or involve any modifications beyond using an existing outlet. For commercial installation of charging stations, a permit is required along with a one-line engineered stamped electrical diagram and a basic site plan. In most cases, residential permits are issued within 24 hours and commercial permits within 36 hours. Because the City already has a rigorous, existing process to ensure EV chargers are installed properly with an expedited permitting process, City staff has concluded that an additional permitting process using a state model code is unnecessarily duplicative of our existing processes. Therefore, this resolution would specifically opt out of the state's permitting process, as specifically allowed by HB24-1173. COUNCIL ACTION REQUESTED: Consider resolution opting out of additional state permitting process for EV chargers. FINANCIAL IMPLICATIONS: None anticipated OUTREACH/COMMUNICATIONS: Discussion with Sustainability, Community Development staff. Presentation to Planning & Zoning Commission, which recommended City Council approval. ATTACHMENTS: Powerpoint Resolution Page 235 of 319 1 RESOLUTION NO. __ SERIES OF 2025 A RESOLUTION AFFIRMING THE CITY OF ENGLEWOOD'S EXISTING PERMITTING REVIEW PROCESS FOR ELECTRIC VEHICLE CHARGER PERMIT APPLICATIONS AND OPTING OUT OF THE ADOPTION OF ADDITIONAL PERMITTING REQUIREMENTS IN ACCORDANCE WITH HOUSE BILL 24- 1173. WHEREAS, Colorado House Bill 24-1173 ("HB 24-1173"), codified at C.R.S. § 31-23-316, et seq., requires certain municipalities to do one of the following: adopt permitting processes and standards from the EV Charging Model Land Use Code; adopt the permitting processes and standards prescribed by HB 24-1173; or adopt a resolution stating that the City does not wish to change its existing land use codes and opts out of revising its codes; WHEREAS, Englewood Municipal Code Sections 16-7-4(E) addresses electric vehicle parking requirements; WHEREAS, the City issues electric vehicle parking permits in accordance with its building code, Englewood Municipal Code Section 8-2D, et seq.; and WHEREAS, the City desires to opt out of revising its existing land use codes pursuant to C.R.S. § 31-23-316(2)(a)(III). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City of Englewood hereby opts out of the adoption of an ordinance or resolution creating new electric vehicle parking and permitting pursuant to C.R.S. § 31-23-316(2)(a)(III). Section 2. The Mayor and the City Clerk are hereby authorized to take all actions necessary to implement the provisions of Section 1 above. ADOPTED AND APPROVED this __ day of ________, 2025. Othoniel Sierra, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk Page 236 of 319 2 I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __, Series of 2025. ______________________________ Stephanie Carlile Page 237 of 319 Electric Vehicle Charger: Permit Process Presented By: Jaxon Higgins, Assistant City Attorney Pa g e 2 3 8 o f 3 1 9 Background: HB 24-1173 : Requires permitting procedures for Electric Vehicle (EV) charging systems in counties (20k+) and municipalities (10k+) On or before December 31, 2025, municipality must do one of the following: (1) adopt the state model permitting process; or (2) adopt our own process; or (3) opt out Pa g e 2 3 9 o f 3 1 9 Current Process and Requirements: All work must be performed as required by the most recently adopted National Electrical Code. 01 An electrical permit is required for residential and commercial chargers requiring new wiring, are hardwired into the existing electrical system or involve any modifications beyond using an existing outlet. For commercial installation of charging stations, a permit is required along with a one-line engineered stamped electrical diagram and a basic site plan. 02 In most cases, residential permits are issued within 24 hours and commercial permits within 36 hours. 03 Pa g e 2 4 0 o f 3 1 9 Recommendation: Title 16 provides sufficient permitting processes Existing process: Rigorous Ensures proper installation Expedited permitting process An additional permitting process using a state model code is unnecessarily duplicative of our existing processes. The proposed resolution specifically opts out of the state's permitting process, as specifically allowed by HB24- 1173. Pa g e 2 4 1 o f 3 1 9 Questions? Pa g e 2 4 2 o f 3 1 9 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Jackson DEPARTMENT: Police DATE: December 1, 2025 SUBJECT: Contract approval between the City of Englewood and Axon Enterprise Inc. not to exceed amount of 1,803,516 DESCRIPTION: This is a contract approval for Axon Enterprise Inc. for Police Department body worn and in car cameras, with all software, hardware and accessories not to exceed amount of 1,803,516. RECOMMENDATION: Police Department staff recommends moving forward with this contract with Axon Enterprises for body and in-car cameras with all associated software and hardware included. PREVIOUS COUNCIL ACTION: There has been no previous council action on this Axon Contract. In June of 2020 Police staff presented the first body worn camera proposal to City Council for their input. This was using the Motorola Watchguard system. This was approved to move forward. On Dec 7, 2020, the purchasing contract for the Motorola body worn camera system was presented to council for approval in the amount of $622,753. It was approved by council at that time. On Dec 23, 2020 the Mayor signed the contract with Motorola, which is the current body worn camera system. SUMMARY: The city's contract with Motorola Watchguard for body worn and in car cameras expires after 5 years in May of 2026. Extensive research and evaluation was conducted by the Police Department Professional Standards Bureau, with the assistance of the City I.T. Department, into extending the contract with Motorola, or changing to another vendor. The vendor that was chosen for the next 5 year is Axon Enterprises Inc. They provide the most robust, technically sound and advanced system. They are the sole provider of many of the items in the package. (See attached sole source letter) ANALYSIS: Body worn cameras have been mandated for police officers in the State of Colorado for several years. The Englewood Police Department has utilized them for the last 4 1/2 years and was an early adopter, prior to the state mandate. Since our contract with Motorola expires in May of 2026, we have chosen a different vendor for these services. Page 243 of 319 Axon Enterprises is the largest supplier and dominant brand of body worn and in car cameras in the United States. They are also the leader in technology, which makes their products more efficient in order to get officers back onto proactive patrol after an incident. Axon uses more robust software to "auto tag" videos, has better camera resolution, uses GPS in each camera, and their in car cameras are all enabled with Automatic License Plate Recognition (ALPR). Each body worn camera will also have the ability to perform live translation services. Axon also offers the use of artificial intelligence in their redaction software, reducing the amount of time the technicians spend redacting videos, as well as the ability to draft an officers initial report, enabling officers to also spend less time writing reports and more time proactively patrolling. In the agreement Axon will also provide new body worn cameras with the newest technology halfway through the contract (2 1/2 years). COUNCIL ACTION REQUESTED: Police Department staff recommends moving forward with this contract with Axon Enterprises for body and in-car cameras with all associated software and hardware included. FINANCIAL IMPLICATIONS: The total for the 5 year contract is $1,803,516.74. This was approved in the 2026 budget under the Capitol Improvement Program. The 2026 payment will initially be $333,422 with a request in January for a budget supplemental of an additional $27,281. This supplemental is due to an increase in the final pricing after the 2026 budget was approved. The Police Department will be coming to council to approve the next 4 years of service each year at a cost of $360,703 each year. CONNECTION TO STRATEGIC PLAN: This contract related to several areas of the Strategic Plan. It directly relates to Safety, but also relates to Local Economy and other areas due to having a professional, effective police department. OUTREACH/COMMUNICATIONS: N/A ATTACHMENTS: Axon Master Service Purchasing Agreement Axon Sole Source Letter Axon Pro final equipment agreement Axon CJIS BH signed Contract Approval Summary (Axon) Page 244 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 1 of 28 This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the Customer listed below or, if no Customer is listed below, the customer on the Quote (as defined below) ("Customer"). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) date of acceptance of the Quote ("Effective Date"). Axon and Customer are each a "Party" and collectively "Parties". This Agreement governs Customer’s purchase and use of the Axon Devices and Services detailed in the Quote. It is the intent of the Parties that this Agreement will govern all subsequent purchases by Customer for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Customer shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows: 1. Definitions. 1.1. "Axon Cloud Services" means Axon’s web services, including, but not limited to, Axon Evidence, Axon Records, Axon Dispatch, FUSUS services, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. 1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devices are a subset of Axon Devices. 1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices. Any inconsistent or supplemental terms within Customer’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors. 1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services. 2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated ("Term"). 2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 or TASER 10 plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term "). 2.2. Upon completion of the Subscription Term, the Subscription Term may renew upon written agreement of the parties for an additional 5 year term ("Renewal Term"). For purchase of TASER 7 or TASER 10 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. New devices and services may require additional terms. Axon will not authorize new services until Axon receives a signed Quote or accepts a purchase order, whichever is first. 3. Payment. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Axon invoices for Axon Cloud Services on an upfront annual basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term. Unless otherwise prohibited by law, Customer will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Customer is responsible for collection and attorneys’ fees. 4. Taxes. Customer is responsible for sales and other taxes associated with the order unless Customer provides Axon a valid tax exemption certificate. 5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Customer upon Axon’s delivery to the common carrier. Customer is responsible for any shipping charges in the Quote. 6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 7. Warranty. 7.1. Limited Warranty. Axon warrants that Axon-manufactured Devices, except for TASER devices covered under the TASER Appendix, are free from defects in workmanship and materials for one (1) year from the date of Customer’s receipt, except Signal Sidearm which Axon warrants for thirty (30) months from Customer’s receipt and Axon-manufactured accessories, which Axon warrants for ninety (90) days from Customer’s receipt, respectively, from the date of Customer’s receipt. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term purchased. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 245 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 2 of 28 7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer. If Customer purchases Axon Loki, Customer acknowledges the Loki device is designed for operation in enclosed, controlled environments and must be used in compliance with all applicable laws and safety guidelines. Operation in open or unapproved areas may result in signal interference, loss of control, or damage, and Axon assumes no liability for improper use, including any resulting harm or regulatory violations. 7.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon- manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement. 7.3.1. If Customer exchanges an Axon Device or part, the replacement item becomes Customer’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Customer must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service. 7.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non-functioning units while Customer submits the broken or non-functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms of this Agreement. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices for the intended purpose. 7.5. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. Axon’s warranty will be void if Customer resells Axon Devices. 7.5.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Customer confirms and agrees that, in deciding whether to sign this Agreement, Customer has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement. 7.5.2. Axon’s cumulative liability to any party for any loss or damage resulting from any claim, demand, or action arising out of or relating to this Agreement will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the twelve (12) months preceding the claim. Neither Party will be liable for special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. 7.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales- terms-and-conditions. 7.7. Third-Party Hardware, Software and Services. Use of hardware, software, or services other than those provided by Axon is governed by the terms, if any, entered into between Customer and the respective third- party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-and-conditions, if any. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 246 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 3 of 28 7.8. Axon Aid. Upon mutual agreement between Axon and Customer, Axon may provide certain products and services to Customer, as a charitable donation under the Axon Aid program. In such event, Customer expressly waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Customer agrees not to make or bring any such claim against any Release, and forever release and discharge all Releasees from liability under such claims. Customer expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Customer. 8. Free Trial. 8.1. Trial Period and License. At any time during the Term, Customer and Axon may elect to enter a free trial of Axon Devices and Services new to the Customer for a designated period (“Trial Period”) as described in a quote issued (“Trial Quote”). During the Trial Period, Axon grants Customer a nonexclusive, terminable, non- transferable, license to use new Axon Devices and Services provided for trial to the Customer (“Trial Products”). Trial Products may include Axon beta software or firmware which additional terms may be required and included within the Trial Quote. Axon may limit the number of Trial Products Customer receives within the Trial Quote. Axon may supply refurbished Trial Products. ALL FREE TRIAL PRODUCTS INCLUDING, WITHOUT LIMITATION, AXON CLOUD SERVICES, ARE PROVIDED “AS IS” AND TO THE EXTENT NOT PROHIBITED BY LAW, AXON DISCLAIMS ALL LIABILITY REGARDLESS OF THE CLAIM. 8.2. Trial Quote Termination. Upon at least 10 business days’ prior written notice to Axon at any time prior to the end of the Trial Period, Customer may as its sole option, terminate the free Trial Period and underlying Trial Quote associated with the Trial Products for convenience. Customer’s rights to the Trial Products will immediately terminate at the end of the Trial Period, and Customer will return any Trial Products hardware to Axon within 10 days after the effective date of such termination or at the end of the Trial Period, excluding used CEW cartridges. If any individual component of the Trial Products is not returned, Axon will invoice Customer the MSRP of the unreturned items. Customer agrees to pay the invoice along with any applicable taxes and shipping. Customer will return the Trial Products to Axon in good working condition, minus normal wear and tear. Axon may charge Customer if there is damage beyond normal wear and tear. Any Customer Content shall be stored and returned pursuant to the Axon Cloud Services Terms of Use Appendix 9. Statement of Work. Certain Axon Devices and Services, including, but not limited to, Axon Interview Room, Axon Channel Services, Axon Justice Implementation, FUSUS, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables ("SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW. Additional services outside of the SOW, Quote, or this Agreement are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. Any applicable SOW is incorporated into this Agreement by reference. 10. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings. 11. Design Changes. Axon may make design or feature changes to any Axon Device or Service without notifying Customer or making the same change to Axon Devices and Services previously purchased by Customer. 12. Combined Offerings. Some offerings in a Quote combine existing and pre-released Axon Devices or Services. Some offerings may not be available at the time of Customer’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to delay of availability or Customer’s choice not to utilize any portion of a combined offering. 13. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 14. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Customer will not cause any Axon proprietary rights to be violated. 15. IP Indemnification. Axon will indemnify Customer against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon-manufactured Devices, Axon Cloud Services or Axon software (“Axon Products”) infringes or misappropriates the third-party’s intellectual property rights. Customer must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon Products by Customer or a third-party not approved by Axon; (b) use of Axon Products in combination with hardware or services not approved by Axon; (c) use of Axon Products other Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 247 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 4 of 28 than as permitted in this Agreement; or (d) use of Axon Products that is not the most current software release provided by Axon. 16. Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) Customer or a Customer-authorized user’s breach of this Agreement or violation of applicable law; (c) disputes between Customer and a third-party over Customer’s use of Axon Devices; (d) secure and sustainable destruction and disposal of Axon Devices at Customer’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices. 17. Termination. 17.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured thirty (30) days after written notice. If Customer terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination. 17.2. By Customer. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Customer may terminate this Agreement. Customer will deliver notice of termination under this section as soon as reasonably practicable. All obligations of the City under this Agreement are subject to annual appropriation by the Englewood City Council. Nothing herein shall constitute a multiple-fiscal-year direct or indirect debt or other financial obligation within the meaning of Article X, § 20 of the Colorado Constitution (TABOR). The City may terminate this Agreement without penalty if funds are not appropriated. 17.3. Effect of Termination. Upon termination of this Agreement, Customer rights immediately terminate. Customer remains responsible for all fees incurred before the effective date of termination. If Customer purchases Axon Devices for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Customer the difference between the MSRP for Axon Devices procured, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non- appropriation, Customer may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For multiple Axon Devices that may be combined as a single offering on a Quote, MSRP is the standalone price of all individual components. 18. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Customer receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement. 19. General. 19.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control. 19.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, Customer, fiduciary, or employment relationship between the Parties. 19.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 19.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 19.5. Compliance with Laws. Each Party will comply with all applicable federal, state, and local laws, including without limitation, import and export control laws and regulations as well as firearm regulations and the Gun Control Act of 1968. Customer acknowledges that Axon Devices and Services are subject to U.S. and international export control laws, including the U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Customer represents and warrants that neither it nor any End User is a "Restricted Person," meaning any individual or entity that (1) is subject to U.S. sanctions or trade restrictions, (2) appears on any U.S. government restricted party list, (3) engages in prohibited weapons proliferation activities, or (4) is owned or controlled by, or acting on behalf of, such persons or entities. Customer must promptly notify Axon of any change in status, and Axon may terminate this Agreement if Customer or any End Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 248 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 5 of 28 User becomes a Restricted Person or violates export laws. 19.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns. 19.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 19.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 19.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, Customer Responsibilities and any other Sections detailed in the survival sections of the Appendices. 19.10. Governing Law. The laws of the country, state, province, or municipality where Customer is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 19.11. Notices. All notices must be in English. Notices posted on Customer’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Customer shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc. Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to legal@axon.com. 19.12. Entire Agreement. This Agreement, the Appendices, including any applicable Appendices not attached herein for the products and services purchased, which are incorporated by reference and located in the Master Purchasing and Services Agreement located at https://www.axon.com/sales-terms-and-conditions,Quote and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and delivered this Agreement as of the date of signature. AXON: CUSTOMER: Axon Enterprise, Inc. Signature: Signature: Name: Name: Title: Title: Date: Date: Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Deputy General Counsel Robert E. Driscoll, Jr. 10/14/2025 | 10:05 AM MST Page 249 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 6 of 28 Axon Cloud Services Terms of Use Appendix 1. Definitions. 1.1. “Data Controller” means the natural or legal person, public authority, or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data. 1.2. “Data Processor” means a natural or legal person, public authority or any other body which processes Personal Data on behalf of the Data Controller. 1.3. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer’s tenant, including media or multimedia uploaded into Axon Cloud Services by Customer. Customer Content includes Evidence but excludes Non-Content Data. 1.4. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a subset of Customer Content. 1.5. “End User” means the natural person subject to Customer’s authorized license grant who ultimately uses the Cloud Services as provided under this Agreement. End Users must adhere to the terms of use and are subject to any usage restrictions or limitations specified in this Agreement. 1.6. "Non-Content Data" is data, configuration, and usage information about Customer’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Customer Content. 1.7. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 1.8. "Provided Data" means de-identified, de-personalized, data derived from Customer's TASER energy weapon deployment reports, related TASER energy weapon logs, body-worn camera footage, and incident reports. 1.9. “Subprocessor” means any third party engaged by the Data Processor to assist in data processing activities that the Data Processor is carrying out on behalf of the Data Controller. 1.10. "Transformed Data" means the Provided Data used for the purpose of quantitative evaluation of the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances. 2. Access. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon Cloud Services to store and manage Customer Content. Customer may not exceed the total number of End Users specified in the Quote. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence access granted solely for TASER, Customer may access and use Axon Evidence only to store and manage TASER CEW data ("TASER Data") and Customer may not upload non-TASER Data to Axon Evidence. 3. Customer Owns Customer Content. Customer controls and owns all rights, title, and interest in Customer Content. Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon’s business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content. Axon will only have access to Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products. 4. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Customer Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum for its digital evidence or records management systems. Axon shall maintain compliance with the FBI Criminal Justice Information Services (CJIS) Security Policy and provide a signed CJIS security addendum upon request. All Customer Content shall be stored and processed solely within the United States. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 250 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 7 of 28 5. Customer Responsibilities. Customer is responsible for (a) ensuring Customer owns Customer Content or has the necessary rights to use Customer Content (b) ensuring no Customer Content or Customer End User’s use of Customer Content or Axon Cloud Services violates this Agreement or applicable laws; (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services and (d) verify the accuracy of any auto generated or AI-generated reports. If Customer becomes aware of any violation of this Agreement by an End User, Customer will immediately terminate that End User’s access to Axon Cloud Services. 5.1 Customer will also maintain the security of End User usernames and passwords and security and access by end users to Customer Content. Customer is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Customer regulation and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. If Customer provides access to unauthorized third-parties, Axon may assess additional fees along with suspending Customer’s access. Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or Customer Content, or if account information is lost or stolen. 5.2 To the extent Customer uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms. 6. Privacy. Customer’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Customer agrees to allow Axon access to Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products. 7. Axon Body Wi-Fi Positioning. Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Customer chooses to use this service, Axon must also enable the usage of the feature for Customer’s Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Customer’s Axon Cloud Services tenant. 8. Storage. For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon Evidence account only if the Axon Device data is shared to Customer through Axon Evidence from a partner agency using Axon Evidence, or the data originates from Axon Capture or an Axon Device. Axon may charge Customer additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not viewed or accessed for six (6) months into archival storage. Customer Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access. 8.1. Third-Party Unlimited Storage. For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon Evidence user license; (ii) is limited to data of the law enforcement Customer that purchased the Third-Party Unlimited Storage and the Axon Evidence End User; (iii) Customer is prohibited from storing data for other customers or law enforcement agencies; and (iv) Customer may only upload and store data that is directly related to (1) the investigation of, or the prosecution or defense of a crime, (2) common law enforcement activities, or (3) any Customer Content created by Axon Devices or Axon Evidence. 8.2. Location of Storage. Axon may transfer Customer Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Customer Content If Customer is located in the United States, Canada, or Australia, Axon will ensure all Customer Content stored in Axon Cloud Services remains in the country where Customer is located Ownership of Customer Content remains with Customer. 9. Suspension. Axon may temporarily suspend Customer’s or any End User’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Customer or End User’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Customer remains responsible for all fees incurred through suspension. Axon will not delete Customer Content because of suspension, except as specified in this Agreement. 10. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Customer uploads data to Axon Cloud Services Service Offerings will be subject to the Axon Cloud Services Service Level Agreement, a current version of which is available at https://www.axon.com/products/axon-evidence/sla. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 251 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 8 of 28 11. Roles of the Parties. To the extent that Customer is the Data Controller of Personal Data, Axon is its Data Processor. To the extent that Customer is a Data Processor of Personal Data, Axon is its Subprocessor. Notwithstanding the foregoing, to the extent any usage data (including query logs and metadata) and/or operations data (including billing and support data) in connection with Customer’s use of the Services (collectively “Usage and Operations Data”) is considered Personal Data, Axon is an independent Data Controller and shall Process such data in accordance with the Agreement and applicable data protection laws to develop, improve, support, and operate its products and services. For the avoidance of doubt, Axon will not disclose any Usage and Operations Data that includes confidential information with a third party except (a) in accordance with the relevant confidentiality provisions in the Agreement, or (b) to the extent the Usage and Operations Data is, in accordance with applicable data protection laws, anonymized, de-identified, and/or aggregated such that it can no longer directly or indirectly identify Customer or any particular individual. 12. TASER Data Science Program. Axon will provide a quantitative evaluation on the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances. 12.1. If Customer purchases the TASER Data Science Program, Customer grants Axon, its affiliates, and assignees an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Provided Data solely for the purposes of this Agreement and to create Transformed Data. Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to Transformed Data and any derivatives of Transformed Data. 12.2. Axon grants to Customer an irrevocable, perpetual, fully paid, royalty-free, license to use to TASER Data Science report provided to Customer for its own internal purposes. The Data Science report is provided “as is” and without any warranty of any kind. 12.3. In the event Customer seeks Axon’s deletion of Provided Data, it may submit a request to privacy@axon.com. Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to collect Provided Data from Customer. 13. Axon Records. The following terms apply to Axon Records. Customers may purchase Axon Records either as part of an OSP 7 or OSP 10 plan or individually through a Quote. 13.1. Axon Record subscription begins on the later of the (1) start date of the Quote, or (2) the date Axon provisions Axon Records to Customer. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 plan, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription Term"). 13.2. An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications. During the Customer’s Axon Records Subscription Term Axon will provide Update and Upgrade releases to the Customer on an if-and-when available basis. 13.3. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included as part of the Axon Records Subscription. 13.4. End Users of Axon Records may upload files to entities (incidents, reports, cases, etc.) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Customer exceed an average rate of one-hundred (100) GB per user per year of uploaded files. Axon will not bill for overages. 14. FUSUS. If Customer purchases a subscription to FUSUS, the following terms apply: 14.1. License and Storage. The specific license number(s) and associated data storage terms for FUSUS subscription and Axon Devices shall be set forth in the applicable Quote provided by Axon. 14.2. Third party Components. Customer is responsible for use of any internet access devices and/or all third-party hardware, software, services, telecommunication services (including Internet connectivity), or other items used by Customer to access the service (“Third-Party Components”) are the sole and exclusive responsibility of Customer, and Axon has no responsibility for such Third-party Components, FUSUS cloud services, or Customer relationships with such third parties. Customer agrees to at all times comply with the lawful terms and conditions of agreements with such third parties. Axon does not represent or warrant that the FUSUS cloud Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 252 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 9 of 28 services and the Customer Content are compatible with any specific third-party hardware or software or any other Third-Party Components. Customer is responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the FUSUS cloud services. 14.3. Data Privacy. Axon may collect, use, transfer, disclose and otherwise process Customer Content in the context of facilitating communication of data with Customer through their use of FUSUS cloud services FUSUS app (iOS or Android interface), complying with legal requirements, monitoring the Customer’s use of FUSUS systems, and undertaking data analytics. 15. Axon Community Request Storage. If Community Request is included as part of Customer’s Quote or combined offering, Customer may store an unlimited amount of data submitted through the public portal ("Portal Content"), within Customer’s Axon Evidence instance. The post-termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content. 16. Performance Auto-Tagging Data. If Axon Performance is included in Customer’s Quote or a combined offering, Axon will store call for service data from Customer’s CAD or RMS in order to provide services and features of Axon Performance to Customer. 17. Axon Cloud Services Restrictions. Customer and Customer End Users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 17.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; 17.2. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; 17.3. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 17.4. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement; 17.5. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services; 17.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or 17.7. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code. 18. After Termination. Axon will not delete Customer Content for ninety (90) days following termination. Axon Cloud Services will not be functional during these ninety (90) days other than the ability to retrieve Customer Content. Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services. 19. Post-Termination Assistance. Axon will provide Customer with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Customer Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 20. U.S. Government Rights. If Customer is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Customer is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Customer will immediately discontinue use of Axon Cloud Services. 21. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Customer Owns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilities and Axon Cloud Services Restrictions. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 253 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 10 of 28 AI Technology Appendix This AI Technology Appendix shall only apply to Customers who license Axon Cloud Services in a Quote that specifically utilizes AI Technology. Unless explicitly defined otherwise, capitalized terms used in this Appendix have the same meaning as those in the Agreement. 1. Definitions. 1.1. AI Technology. Refers to artificial intelligence functionalities embedded in Axon’s Cloud Services, which may include: (a) Enhanced Evidence Management; (b) AI-powered redaction tools; (c) Large Language Model- based tools (e.g., "Draft One" “Policy Chat”); (d) Predictive Analytics for operational insights; or (e) Natural Language Processing (NLP) for text and speech analysis. 1.2. Model Drift. The degradation of AI model performance due to changes in input data or external conditions, requiring retraining or updates. 1.3. Bias Mitigation. Strategies and techniques used to identify, measure, and minimize bias in AI Technology. 2. Scope and Usage. 2.1. Integration. Axon AI Technology is intended to improve public safety, streamline operations, and ensure data accuracy. The AI functionalities will only be used as described in the Agreement or applicable documentation. 2.2. Data Use. Axon acts as a Data Processor for AI Technology. All inquiries submitted are processed solely to provide accurate responses based on Customer Content submitted. Customer remains the Data Controller of all Customer Content. Axon and Axon’s subprocessors do not train their models on Customer Content. Customers who elect to participate in Axon’s ACEIP program can enter into custom agreements to assist in product development efforts like AI model training. Even in those cases, Axon operates carefully on redacted data and not on Customer Content. 2.3. Automatic Data Collection. AI Technology may automatically collect Non-Content Data about user interactions with the service and their devices to enhance the functionality and security of the system. The details collected include, but are not limited to, the following: 2.3.1. User Engagement and Activity Metrics. AI Technology may track key engagement statistics, including Daily Active Users (DAUs), Weekly Active Users (WAUs), and Monthly Active Users (MAUs). Additional metrics include new user activations, repeat usage rates, total queries submitted, follow-up query volume, session lengths, retention rates, and user satisfaction ratings (e.g., thumbs up/down feedback). 2.3.2. Sales and Adoption Tracking. Axon monitors the number of licenses and agencies purchasing the service, including those in trial phases, fully deploying the service, and conversion rates from trials to paid subscriptions. 2.3.3. End User inputs. Axon may process de-identified end-user inputs to the AI Technology, excluding Customer Content or any data that directly or indirectly identifies individuals. 3. Axon Responsibilities. 3.1. Ethical AI Development. Axon shall: (a) Follow its responsible innovation framework; (b) Engage with the Ethics and Equity Advisory Council (EEAC) for feedback; (c) Conduct testing to minimize bias and ensure reliability; and (d) Implement Bias Mitigation techniques in model development and deployment. 3.2. Security Program. Axon will maintain a comprehensive information security program, including logical and physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of digital evidence; and security education. 3.3. Transparency. Axon will provide documentation describing AI functionalities and their intended use and disclose any material limitations, risks, or Model Drift incidents. 3.4. Incident Response. Axon will promptly address and rectify anomalies in AI functionalities, as outlined in its incident management procedures. 3.5. Compliance. Axon will ensure compliance with applicable laws, regulations, and standards, including but not limited to the EU AI Act, NIST AI standards, and ISO/IEC 27001. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 254 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 11 of 28 4. Customer Responsibilities. 4.1. Ownership of Customer Content. Customer controls and owns all rights, title, and interest in Customer Content. Axon obtains no interest in Customer Content and will only access Customer Content for limited purposes as outlined in the Agreement. 4.2. Use of AI Technologies. Customer must: (a) review AI-generated outputs to ensure accuracy and appropriateness; (b) maintain control over Customer Content shared with AI Technologies (c) comply with applicable laws when using Axon AI Technology and Axon Services; (d) monitor for potential issues with AI outputs, including false positives or negatives; (e) actively opt-in for programs involving data sharing through Axon’s ACEIP program; and (f) provide timely feedback on Axon AI Technology performance. 4.3. Restrictions. AI Technology is not designed for emergencies, and in such cases, users should contact appropriate emergency services directly. Axon disclaims liability for queries containing prohibited content, such as hate, sexual material, or violence, and reserves the right to restrict such usage. 5. Policy Chat. This section outlines the specific terms and conditions related to the use of Policy Chat by the Customer. By utilizing Policy Chat, the Customer agrees to comply with the following provisions: 5.1. License and Content Restrictions. Any uploads beyond 5,000 pages may be limited by Axon. It is the Customer's responsibility to manage uploads to ensure system efficiency and compliance with these terms. 5.2. Data Processing. Inquiries submitted to Policy Chat are processed solely to provide accurate responses based on existing policy documents provided by the Customer. The Customer remains the Data Controller of all policy content, and Axon's role is strictly limited to facilitating access to this information through Policy Chat. 5.3. Policy Chat Restrictions. The information provided by Policy Chat is for informational purposes only and is based on the policy documents uploaded by the Customer. Axon does not guarantee the accuracy, completeness, or timeliness of the information, and disclaims all liability for any reliance placed on such information. Policy Chat is not a substitute for official policy documents, legal advice, or comprehensive training. Users should consult their supervisors, legal advisors, or official sources for the most accurate and up-to-date policy guidance. Changes to policies may not be reflected immediately, and it is the Customer's responsibility to ensure data integrity by uploading the most current documents and removing outdated versions. 6. Draft One. Specifically for Customers who utilize Draft One, Axon may impose usage restrictions if a single user generates more than three hundred (300) reports per month for two or more consecutive months. 7. Brief One. Brief One includes automatic summarization of all products that can be transcribed. If Customer subscribes to Brief One, Customer may utilize Brief One with no limit on the number of pieces of evidence or cases. Notwithstanding the foregoing, Axon may limit evidence and case summaries for cases with over one thousand (1000) pieces of evidence or after three hundred (300) cases per End User per month for two (2) consecutive months in a row. 8. Auto-Transcribe. This section outlines licensing terms for Customer’s subscription of Auto-Transcribe: 8.1. A-La-Carte Minutes. Upon Axon granting Customer a set number of minutes, Customer may utilize Axon Auto- Transcribe, subject to the number of minutes allowed on the Quote. Customers cannot roll over unused minutes to future Auto-Transcribe terms. Axon may charge Customer additional fees for exceeding the number of purchased minutes. Axon Auto-Transcribe minutes expire one year after being provisioned to Customer by Axon. 8.2. Axon Unlimited Transcribe. Upon Axon granting Customer an Unlimited Transcribe subscription to Axon Auto-Transcribe, Customer may utilize Axon Auto-Transcribe with no limit on the number of minutes. Unlimited Transcribe includes automatic transcription of all Axon BWC and Axon Capture footage. With regard to Axon Interview Room, Axon Fleet, Axon Community Request, or third-party transcription, transcription must be requested on demand. Notwithstanding the foregoing, Axon may limit usage after 5,000 minutes per user per month for multiple months in a row. Axon will not bill for overages. 9. Amendments. Axon reserves the right to amend this Appendix to reflect changes in applicable laws or improvements in AI Technologies. Axon will provide at least 30 days’ notice for any substantive changes. Continued use of Axon Devices and Services after the effective date constitutes acceptance of the updated terms. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 255 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 12 of 28 Axon Customer Experience Improvement Program Appendix 1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Customer Content from all of its customers to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Customer will be a participant in ACEIP Tier 1. If Customer does not want to participate in ACEIP Tier 1, Customer can revoke its consent at any time. If Customer wants to participate in Tier 2, as detailed below, Customer can check the ACEIP Tier 2 box below. If Customer does not want to participate in ACEIP Tier 2, Customer should leave box unchecked. At any time, Customer may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers. 2. ACEIP Tier 1. 2.1. When Axon uses Customer Content for the ACEIP Purposes, Axon will extract from Customer Content and may store separately copies of certain segments or elements of the Customer Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Customer Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 1 1. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Customer from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Customer request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Customer may revoke the consent granted herein to Axon to access and use Customer Content for ACEIP Purposes. Within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Customer. In addition, if Axon uses Customer Content for the ACEIP Purposes, upon request, Axon will make available to Customer a list of the specific type of Customer Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Customer Content or ACEIP Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Customer notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Customer with a mechanism to obtain notice of that update or another commercially reasonable method to Customer designated contact) ("New Use Case"). 2.2. Expiration of ACEIP Tier 1. Customer consent granted herein will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to, Customer. 3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Customer wants to help further improve Axon’s services, Customer may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Customer 1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 256 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 13 of 28 Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed, or de-identified data. ☐ Check this box if Customer wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Customer into ACEIP Tier 2 until Axon and Customer agree to terms in writing providing for such participation in ACEIP Tier 2. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 257 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 14 of 28 Professional Services Appendix If any of the Professional Services specified below are included on the Quote, this Appendix applies. 1. Utilization of Services. Customer must use professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date. 2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and configuration support and up to four (4) consecutive days of on-site service and a professional services manager to work with Customer to assess Customer’s deployment and determine which on-site services are appropriate. If Customer requires more than four (4) consecutive on-site days, Customer must purchase additional days. Axon Full- Service options include: System set up and configuration • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Customer need • Register cameras to Customer domain • Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access • One on-site session included Dock configuration • Work with Customer to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Customer • On-site assistance, not to include physical mounting of docks Best practice implementation planning session • Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other customers • Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management • Provide referrals of other customers using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions Step-by-step explanation and assistance for Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer) Training for Customer ’s in-house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training Tailored workflow instruction for Investigative Units on sharing cases and evidence with local prosecuting agencies Users go-live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go-live review 3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer’s deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Starter options include: System set up and configuration (Remote Support) • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories & custom roles based on Customer need Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 258 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 15 of 28 • Troubleshoot IT issues with Axon Evidence and Dock access Dock configuration • Work with Customer to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using "Administrator" credentials from Customer • Does not include physical mounting of docks Axon instructor training (Train the Trainer) Training for Customer ’s in-house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations User go-live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide 4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter Service Package, except one (1) day of on-site services. 5. CEW Services Packages. CEW Services Packages are detailed below: System set up and configuration • Configure Axon Evidence categories & custom roles based on Customer need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full-Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Customer 4–6 weeks before rollout Best practice implementation planning session to include: • Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other customers • Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other customers using TASER CEWs and Axon Evidence • For the CEW Full-Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions On-site sessions providing a step-by-step explanation and assistance for Customer ’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training • Provide training on the Axon Evidence to educate instructors who can support Customer’s subsequent Axon Evidence training needs. • For the CEW Full-Service Package: Training for up to 3 individuals at Customer • For the CEW Starter Package: Training for up to 1 individual at Customer TASER CEW inspection and device assignment Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go-live review For the CEW Full-Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included. 6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes: Archival of CEW Firing Logs Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Customer is replacing with newer Smart Weapon models. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 259 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 16 of 28 Return of Old Weapons Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters. Axon will provide Customer with a Certificate of Destruction *Note: CEW Full-Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course. 7. VR Services Package. VR Service includes advance remote project planning and configuration support and one (1) day of on-site service and a professional services manager to work with Customer to assess Customer's deployment and determine which Services are appropriate. The VR Service training options include: System set up and configuration (Remote Support) • Instructor-led setup of Axon VR headset content • Configure Customer settings based on Customer need • Troubleshoot IT issues with Axon VR headset Axon instructor training (Train the Trainer) Training for up to five (5) Customer's in-house instructors who can support Customer's Axon VR CET and SIM training needs after Axon has fulfilled its contracted on-site obligations Classroom and practical training sessions Step-by-step explanation and assistance for Customer's configuration of Axon VR CET and SIM functionality, basic operation, and best practices 8. Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer's deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Air, On-Site training options include: System set up and configuration (Remote Support) • Instructor-led setup of Axon Air App (ASDS) • Configure Customer settings based on Customer need • Configure drone controller • Troubleshoot IT issues with Axon Evidence Axon instructor training (Train the Trainer) Training for Customer's in-house instructors who can support Customer's Axon Air and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions Step-by-step explanation and assistance for Customer's configuration of Axon Respond+ livestreaming functionality, basic operation, and best practices 9. Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On-Site Training Package, except the practical training session, with the Axon Instructor training for up to four hours virtually. 10. Signal Sidearm Installation Service. a. Purchases of 50 SSA units or more: Axon will provide one (1) day of on-site service and one professional services manager and will provide train the trainer instruction, with direct assistance on the first of each unique holster/mounting type. Customer is responsible for providing a suitable work/training area. b. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the basics of installation and device calibration. 11. Axon Justice Implementation. Axon Justice Implementation includes advanced remote project planning, configuration support, and training. Axon Justice Implementation includes: System set up and configuration • Axon performs discovery to understand and document the Agency’s needs. • Axon collaborates with the Client to configure workflows, permissions, and privileges within Axon Evidence based on the Client’s needs. • Axon will facilitate a workflow discussion with the core admin team. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 260 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 17 of 28 Disclosures • Axon enables the Client to share digital evidence to the defense through the following methods as determined by Client and Axon: 1. Public Defender Case Sharing 2. Disclosure Portal 3. Download Links Training • Agency Trainers. Axon works with the Agency to identify the Agency trainers receiving instruction on the product. Axon provides a training guide that outlines the covered topics, intended audience, facility needs, and duration of the training. Axon will schedule a cadence of remote training sessions as needed, which are not to exceed three (3) 2-hour training sessions for Agency staff. Each session can accommodate up to 20 users and will train them in full system functionality. Training sessions provided by Axon are conducted on consecutive weekdays (Tuesday-Thursday) during normal business hours (9am-6pm with an hour break in between sessions). After the initial training, is responsible for any future training. Axon provides all training materials for successful training. • Partner Agencies: Axon will provide Train the Trainer training to the Agency so that it is equipped to train and support their partner agencies. Ensuring the partner agencies are trained to follow the ingestion method is the Agency’s responsibility. Go-Live Plan • Axon works in partnership with the Agency to build, coordinate, and execute a Go-Live plan to ensure successful system acceptance. Axon coordinates the Go-Live event. Implementation document packet • Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go-live review 12. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote, this Appendix, and any applicable SOW. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 13. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Customer travel time by Axon personnel to Customer premises as work hours. 14. Access Computer Systems to Perform Services. Customer authorizes Axon to access relevant Customer computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Customer. Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Customer. 15. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Customer or Axon), Customer must prepare the location(s) where Axon Devices are to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation. Following installation, Customer must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Customer when Axon generally releases it. 16. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Customer. Customer will sign the Acceptance Form acknowledging completion. If Customer reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Customer must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 261 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 18 of 28 delivery of the Acceptance Form, the professional services will be deemed accepted by Customer. 17. Customer Network. For work performed by Axon transiting or making use of Customer’s network, Customer is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Customer’s network from any cause. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 262 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 19 of 28 Technology Assurance Plan Appendix If Technology Assurance Plan ("TAP ") or a combined offering including TAP is on the Quote, this appendix applies. 1. TAP Warranty. The TAP specific warranty is an extended warranty that starts at the end of the one- (1-) year hardware limited warranty. 2. Officer Safety Plan. If Customer purchases an Officer Safety Plan ("OSP"), Customer will receive the deliverables detailed in the Quote. Customer must accept delivery of the TASER CEW and accessories as soon as available from Axon. 3. OSP 7 or OSP 10 Term. OSP 7 or OSP 10 begins on the date specified in the Quote ("OSP Term "). 4. TAP Refresh. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon Device ("Device Refresh") as scheduled in the Quote. If Customer purchased TAP, Axon will provide a Device Refresh that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the Device Refresh will utilize the same accessories or Axon Dock. 5. TAP Dock Refresh. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon Dock as scheduled in the Quote ("Dock Refresh"). Accessories associated with any Dock Refreshes are subject to change at Axon discretion. Dock Refreshes will only include a new Axon Dock Bay configuration unless a new Axon Dock core is required for Axon Device compatibility. If Customer originally purchased a single-bay Axon Dock, the Dock Refresh will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Customer originally purchased a multi-bay Axon Dock, the Dock Refresh will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option. 6. Refresh Delay. Axon may ship the Axon Device and Dock Refreshes as scheduled in the Quote without prior confirmation from Customer unless the Parties agree in writing otherwise at least ninety (90) days in advance. Axon may ship the final Axon Device and Dock Refreshes as scheduled in the Quote sixty (60) days before the end of the Subscription Term without prior confirmation from Customer. 7. Upgrade Change. If Customer wants to upgrade Axon Device models from the current Axon Device to an upgraded Axon Device, Customer must pay the price difference between the MSRP for the current Axon Device and the MSRP for the upgraded Axon Device. If the model Customer desires has an MSRP less than the MSRP of the offered Axon Device Refreshes or Dock Refresh, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade. 8. Return of Original Axon Device. Within thirty (30) days of receiving a BWC or Dock Refresh, Customer must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Customer does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Customer. 9. Termination. If TAP or OSP terminates or expires: 9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given. 9.2. Axon will not and has no obligation to provide the Upgrade Models. 9.3 Customer must make any missed payments due to the termination before Customer may purchase any future TAP or OSP. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 263 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 20 of 28 Axon Auto-Tagging Appendix If Auto-Tagging is included on the Quote, this Appendix applies. 1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Customer’s Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows End Users to auto-populate Axon video meta-data with a case ID, category, and location-based on data maintained in Customer’s CAD or RMS. 2. Support. For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, if Customer maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Customer changes its CAD or RMS. 3. Changes. Axon is only responsible to perform the Services in this Appendix for Auto-Tagging and any applicable SOW. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. 4. Customer Responsibilities. Axon’s performance of Auto-Tagging Services requires Customer to: 4.1. Make available relevant systems, including Customer’s current CAD or RMS, for assessment by Axon (including remote access if possible); 4.2. Make required modifications, upgrades or alterations to Customer’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services; 4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Customer safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services; 4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services; 4.5. Promptly install and implement any software updates provided by Axon; 4.6. Ensure that all appropriate data backups are performed; 4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services; 4.8. Provide Axon with remote access to Customer’s Axon Evidence account when required; 4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Customer; and 4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon. 5. Access to Systems. Customer authorizes Axon to access Customer’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify the resources and information Axon expects to use and will provide an initial list to Customer. Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Customer. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 264 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 21 of 28 Axon ALPR Appendix If Axon Fleet 2, Axon Fleet 3, or any future generation of Axon Fleet (collectively, “Axon Fleet”) or Axon Outpost or Axon Lightpost (collectively all “ALPR Products”) is included on the Quote, this Appendix applies. 1. Customer Responsibilities. 1.1. Customer must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon ALPR Products as established by Axon during the qualifier call and on-site assessment at Customer and in any technical qualifying questions. If Customer’s representations are inaccurate, the Quote is subject to change. 1.2. Customer is responsible for providing a suitable work area for Axon or Axon third-party providers to install Axon ALPR Products into Customer vehicles and/or at designated installation location(s).s Customer is responsible for making available all vehicles for which installation services were purchased and preparing all installation sites, during the agreed upon onsite installation dates, Failure to make vehicles available or prepare installation sites may require an equitable adjustment in fees or schedule 2. Third-party Installer. Axon will not be liable for the failure of Axon Fleet, Axon Outpost, or Axon Lightpost hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon. 3. Upgrade. If Customer has no outstanding payment obligations and has purchased the "Fleet Technology Assurance Plan" (Fleet TAP) or “Outpost Technology Assurance Plan” (Outpost TAP) or any lightpost extended warranty or refresh, Axon will provide Customer with the same or like model of applicable Axon Devices included in the applicable TAP ("Axon Upgrade") as scheduled on the Quote. 3.1. If Customer would like to change models for the Axon Upgrade, Customer must pay the difference between the MSRP for the offered Axon Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Customer is responsible for the removal of previously installed hardware and installation of the Axon Upgrade. 3.2. Within thirty (30) days of receiving the Axon Upgrade, Customer must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Customer does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Customer. 4. Axon Fleet Specific Terms. 4.1. Cradlepoint. If Customer purchases Cradlepoint hardware, software, or services, Customer will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Customer requires Cradlepoint support, Customer will contact Cradlepoint directly. By accepting a Quote including Cradlepoint products, Customer designates and authorizes Axon as its partner of record for purposes of Cradlepoint product renewals, support coordination, and other relevant functions. This designation applies to all Cradlepoint products acquired by Customer during the Subscription Term of the applicable Quote whether directly from Cradlepoint, through Axon, or through any third-party vendor or distributor. Axon shall have no liability to Customer or any third party arising out of or relating to Axon’s acts or omissions as the Partner of Record. Customer has the right to opt out of this authorization at any time by providing prior written notification to both Axon and Cradlepoint. Upon such notification, the designation will be removed. This authorization remains effective until formally removed in accordance with this section or as otherwise agreed between the parties in the Agreement. 4.2. Axon Vehicle Software License. Axon grants Customer a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, "Axon Vehicle Software".) "Use" means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription 4.3. Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 265 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 22 of 28 Axon Vehicle Software. 5. Axon Outpost Specific Terms. 5.1. Outpost License and Permits. Customers will obtain, maintain all legally required permits, authorizations, and/or licensing in order to place, maintain, and/or remove the Axon Outpost device at the installation location including licenses or permits for fixed installation of poles. If mutually agreed by the parties, Axon or an Axon authorized subcontractor may assist with obtaining the necessary local, state, or Federal approvals before installing Axon Outpost. 5.2. Installation. Customer will adhere to the installation requirements as agreed in the Outpost SOW. 6. Axon Lightpost Specific Terms. 6.1. Ubicquia. If Customer purchases Lightpost hardware and installation services, any warranties for the hardware are provided exclusively by the third-party manufacturer Ubicquia. All hardware-related support or warranty claims must be directed to the respective third-party provider. Axon is not responsible for servicing or replacing hardware. Axon will provide and support software components in accordance with the applicable Quote. 6.2. Installation. Installation of Axon Lightpost equipment will be performed by a third-party service provider authorized by Axon. Axon does not directly perform installation services. 6.3. Power. Customer agrees to supply a power source, in compliance with Lightpost requirements, at each site where a Lightpost device is installed. The power must be available on a 24-hour, 7 days per week (24/7) basis. 7. Wireless Offload Server 7.1 License Grant. Axon grants Customer a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription. 7.2 Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS. 7.3 Updates. If Customer purchases WOS maintenance, Axon will make updates and error corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon. Customer is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term. 7.4 WOS Support. Upon request by Axon, Customer will provide Axon with access to Customer’s store and forward servers solely for troubleshooting and maintenance. 8. Acceptance Checklist. If Axon provides Services to Customer pursuant to any statement of work in connection with Axon ALPR Products, within seven (7) days of the date on which Customer retrieves Customer's vehicle(s) from the Axon installer or Axon Outpost or Axon Lightpost installation is complete, said ALPR Products having been installed and configured with tested and fully and properly operational hardware and software identified above, Customer will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables. In the event Customer does not respond to the Professional Services Acceptance Checklist within seven (7) business days, the installation of the ALPR Products and services shall be deemed accepted. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 266 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 23 of 28 Axon Respond Appendix This Axon Respond Appendix applies to Axon Respond, Axon Respond Device Plus, and Device Connectivity if any are included on the Quote. 1. Axon Respond Subscription Term. If Customer purchases Axon Respond as part of a combined offering on a Quote, the Axon Respond subscription begins on the later of the (1) start date of that offering within the Quote, or (2) date Axon provisions Axon Respond to Customer. If Customer purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Customer, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond. 2. Scope of Axon Respond. The scope of Axon Respond is to assist Customer with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Customer uses Axon Respond outside this scope, Axon may initiate good-faith discussions with Customer on upgrading Customer’s Axon Respond to better meet Customer’s needs. 3. Axon Body LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Customer utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is available in the United States including U.S. territories, Additional verification will be required for use in select international regions. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Customer’s consent. 4. Axon Fleet LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Customer is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Customer’s LTE carrier. 5. Axon Respond Service Limitations. Customer acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area, and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service. 5.1. With regard to Axon Body, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Customer expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Customer is not a third-party beneficiary of any agreement between Axon and the underlying carrier. 6. Termination. Upon termination of this Agreement, or if Customer stops paying for Axon Respond or combined offerings that include Axon Respond, Axon will end Axon Respond services, including any Axon-provided LTE service. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 267 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 24 of 28 Axon Application Programming Interface Appendix This Appendix applies if Axon’s API Services or a subscription to Axon Cloud Services are included on the Quote. 1. Definitions. 1.1. "API Client" means the software that acts as the interface between Customer’s computer and the server, which is already developed or to be developed by Customer. 1.2. "API Interface" means software implemented by Customer to configure Customer’s independent API Client Software to operate in conjunction with the API Service for Customer’s authorized Use. 1.3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon’s API which provides a programmatic means to access data in Customer’s Axon Evidence account or integrate Customer’s Axon Evidence account with other systems. 1.4. "Use" means any operation on Customer’s data enabled by the supported API functionality. 2. Purpose and License. 2.1. Customer may use API Service and data made available through API Service, in connection with an API Client developed by Customer. Axon may monitor Customer’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Customer agrees to not interfere with such monitoring or obscure from Axon Customer’s use of API Service. Customer will not use API Service for commercial use. 2.2. Axon grants Customer a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Customer’s Use in connection with Customer’s API Client. 2.3. Axon reserves the right to set limitations on Customer’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits. 3. Configuration. Customer will work independently to configure Customer’s API Client with API Service for Customer’s applicable Use. Customer will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Customer will inform Axon promptly of any updates. Upon Customer’s registration, Axon will provide documentation outlining API Service information. 4. Customer Responsibilities. When using API Service, Customer and its End Users shall not: 4.1. use API Service in any way other than as expressly permitted under this Agreement; 4.2. use in any way that results in, or could result in, any security breach to Axon; 4.3. perform an action with the intent of introducing any virus, worm, defect, Trojan horse, malware, or any item of a destructive nature to Axon Devices and Services; 4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service; 4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software; 4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties; 4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service; 4.8. frame or mirror API Service on any other server, or wireless or Internet-based device; 4.9. make available to a third-party, any token, key, password or other login credentials to API Service; 4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or 4.11. disclose Axon’s API manual. 5. API Content. All content related to API Service, other than Customer Content or Customer’s API Client content, is considered Axon’s API Content, including: Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 268 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 25 of 28 5.1. the design, structure and naming of API Service fields in all responses and requests; 5.2. the resources available within API Service for which Customer takes actions on, such as evidence, cases, users, or reports; 5.3. the structure of and relationship of API Service resources; and 5.4. the design of API Service, in any part or as a whole. 6. Prohibitions on API Content. Neither Customer nor its End Users will use API content returned from the API Interface to: 6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header; 6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party; 6.3. misrepresent the source or ownership; or 6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices). 7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Customer is required to implement and use the most current version of API Service and to make any applicable changes to Customer’s API Client required as a result of such API Update. API Updates may adversely affect how Customer’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Customer to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 269 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 26 of 28 Axon Channel Services Appendix This Appendix applies if Customer purchases Axon Channel Service, as set forth on the Quote. 1. Definitions. 1.1. "Axon Digital Evidence Management System" means Axon Evidence or Axon Evidence Local, as specified in the attached Channel Services Statement of Work. 1.2. "Active Channel" means a third-party system that is continuously communicating with an Axon Digital Evidence Management System. 1.3. "Inactive Channel" means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System. 2. Scope. Customer currently has a third-party system or data repository from which Customer desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Customer’s third-party data into an Axon Digital Evidence Management System or the transfer of Customer data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work ("Channel Services SOW"). Channel Services will not delete any Customer Content. Customer is responsible for verifying all necessary data is migrated correctly and retained per Customer policy. 3. Changes. Axon is only responsible to perform the Services described in this Appendix and Channel Services SOW. Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 4. Purpose and Use. Customer is responsible for verifying Customer has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, Customer is responsible for any changes to a third-party system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to Customer’s network and systems to perform the Services described in the Channel Services SOW. Customer is responsible for facilitating this access per all laws and policies applicable to Customer. 5. Project Management. Axon will assign a Project Manager to work closely with Customer’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget. 6. Warranty. Axon warrants that it will perform the Channel Services in a workmanlike manner. 7. Monitoring. Axon may monitor Customer’s use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Customer agrees not to interfere with such monitoring or obscure from Axon Customer’s use of channel services. 8. Customer’s Responsibilities. Axon’s successful performance of the Channel Services requires Customer: 8.1. Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access); 8.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Customer (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Customer premises with laptop personal computers and any other materials needed to perform the Channel Services); 8.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services; 8.4. Ensure all appropriate data backups are performed; 8.5. Provide Axon with remote access to the Customer’s network and third-party systems when required for Axon to perform the Channel Services; 8.6. Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services; and 8.7. Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services). Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 270 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 27 of 28 Axon Investigate Appendix If the Quote includes Axon's On Prem Video Suite known as Axon Investigate or Third-Party Video Support License, the following appendix shall apply. 1. License Grant. Subject to the terms and conditions specified below and upon payment of the applicable fees set forth in the Quote, Axon grants to Customer a nonexclusive, nontransferable license to install, use, and display the Axon Investigate software ("Software") solely for its own internal use only and for no other purpose, for the duration of subscription term set forth in the Quote. This Agreement does not grant Customer any right to enhancements or updates, but if such are made available to Customer and obtained by Customer, they shall become part of the Software and governed by the terms of this Agreement. 2. Third-Party Licenses. Axon licenses several third-party codecs and applications that are integrated into the Software. Users with an active support contract with Axon are granted access to these additional features. By accepting this agreement, Customer agrees to and understands that an active support contract is required for all of the following features: DNxHD output formats, decoding files via the "fast indexing" method, proprietary file metadata, telephone and email support, and all future updates to the software. If Customer terminates the annual support contract with Axon, the features listed above will be disabled within the Software. It is recommended that users remain on an active support contract to maintain the full functionality of the Software. 3. Restrictions on Use. Customer may not permit any other person to use the Software unless such use is in accordance with the terms of this Agreement. Customer may not modify, translate, reverse engineer, reverse compile, decompile, disassemble or create derivative works with respect to the Software, except to the extent applicable laws specifically prohibit such restrictions. Customer may not rent, lease, sublicense, grant a security interest in or otherwise transfer Customer’s rights to or to use the Software. Any rights not granted are reserved to Axon. 4. Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the Software and all changes, modifications, and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), regardless of the form or media in which the original or copies may exist, subject only to the rights and privileges expressly granted by Axon. This Agreement does not provide Customer with title or ownership of the Software, but only a right of limited use. 5. Copies. The Software is copyrighted under the laws of the United States and international treaty provisions. Customer may not copy the Software except for backup or archival purposes, and all such copies shall contain all Axon’s notices regarding proprietary rights as contained in the Software as originally provided to Customer. If Customer receives one copy electronically and another copy on media, the copy on media may be used only for archival purposes and this license does not authorize Customer to use the copy of media on an additional server. 6. Actions Required Upon Termination. Upon termination of the license associated with this Agreement, Customer agrees to destroy all copies of the Software and other text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Software that are provided by Axon to Customer ("Software Documentation") or return such copies to Axon. Regarding any copies of media containing regular backups of Customer's computer or computer system, Customer agrees not to access such media for the purpose of recovering the Software or online Software Documentation. 7. Export Controls. None of the Software, Software Documentation or underlying information may be downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required, of the office of Export Administration of the United States, Department of Commerce, nor to any country to which the U.S. has embargoed goods, to any person on the U.S. Treasury Department’s list of Specially Designated Nations, or the U.S. Department of Commerce’s Table of Denials. 8. U.S. Government Restricted Rights. The Software and Software Documentation are Commercial Computer Software provided with Restricted Rights under Federal Acquisition Regulations and Customer supplements to them. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 255.227-7013 et. Seq. or 252.211-7015, or subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona 85255. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 271 of 319 Master Services and Purchasing Agreement Version: 24 Release Date: August 2025 Page 28 of 28 Axon Event Offer Appendix If the Agreement includes the provision of, or Axon otherwise offers, ticket(s), travel and/or accommodation for select events hosted by Axon (“Axon Event”), the following shall apply: 1. General. Subject to the terms and conditions specified below and those in the Agreement, Axon may provide Customer with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for Customer-selected employee(s) to attend one or more Axon Events. By entering into the Agreement, Customer warrants that it is appropriate and permissible for Customer to receive the referenced Axon Event offer(s) based on Customer’s understanding of the terms and conditions outlined in this Axon Event Offer Appendix. 2. Attendee/Employee Selection. Customer shall have sole and absolute discretion to select the Customer employee(s) eligible to receive the ticket(s), travel and/or accommodation that is the subject of any Axon Event offer(s). 3. Compliance. It is the intent of Axon that any and all Axon Event offers comply with all applicable laws, regulations and ethics rules regarding contributions, including gifts and donations. Axon’s provision of ticket(s), travel and/or accommodation for the applicable Axon Event to Customer is intended for the use and benefit of Customer in furtherance of its goals, and not the personal use or benefit of any official or employee of Customer. Axon makes this offer without seeking promises or favoritism for Axon in any bidding arrangements. Further, no exclusivity will be expected by either party in consideration for the offer. Axon makes the offer with the understanding that it will not, as a result of such offer, be prohibited from any procurement opportunities or be subject to any reporting requirements. If Customer’s local jurisdiction requires Customer to report or disclose the fair market value of the benefits provided by Axon, Customer shall promptly contact Axon to obtain such information, and Axon shall provide the information necessary to facilitate Customer's compliance with such reporting requirements. 4. Assignability. Customer may not sell, transfer, or assign Axon Event ticket(s), travel and/or accommodation provided under the Agreement. 5. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to availability of funds and resources. Axon has no obligation to provide Axon Event ticket(s), travel and/or accommodation. 6. Revocation of Offer. Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel and/or accommodation to Customer if Customer or its selected employees fail to meet the prescribed conditions or if changes in circumstances render the provision of such benefits impractical, inadvisable, or in violation of any applicable laws, regulations, and ethics rules regarding contributions, including gifts and donations. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Page 272 of 319 Page 1 Q-644750-45923DG Q-644750-45923DG Issued: 09/23/2025 Quote Expiration: 12/15/2025 Estimated Contract Start Date: 04/01/2026 Account Number: 107719 Payment Terms: Mode of Delivery: UPS-GND Credit/Debit Amount: $0.00 SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Englewood Police Dept. - CO 3615 S Elati St Englewood, CO 80110-3519 USA Englewood Police Department - CO 3615 S Elati St Englewood CO 80110-3519 USA Email: David Gollobit Phone: +1 6023212774 Email: dgollobit@axon.com Fax: Ed Disner Phone: (303) 762-2488 Email: edisner@englewoodco.gov Fax: Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $90,487.19 TOTAL COST $1,803,516.74 ESTIMATED TOTAL W/ TAX $1,803,516.74 TOTAL SAVINGS $452,435.93 Axon Enterprise, Inc. 17800 N 85th St Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic:(800) 978-2737 International: +1.800.978.2737 Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Pa g e 2 7 3 o f 3 1 9 Page 2 Q-644750-45923DG Payment Summary Date Subtotal Tax Total Mar 2026 $360,703.34 $0.00 $360,703.34 Mar 2027 $360,703.35 $0.00 $360,703.35 Mar 2028 $360,703.35 $0.00 $360,703.35 Mar 2029 $360,703.35 $0.00 $360,703.35 Mar 2030 $360,703.35 $0.00 $360,703.35 Total $1,803,516.74 $0.00 $1,803,516.74 Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Pa g e 2 7 4 o f 3 1 9 Page 3 Q-644750-45923DG Quote Unbundled Price:$2,255,927.62 Quote List Price:$2,039,886.82 Quote Subtotal:$1,803,516.74 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 3 60 $12.19 $10.48 $0.00 $0.00 $0.00 $0.00 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 15 60 $12.19 $10.48 $10.48 $9,432.00 $0.00 $9,432.00 Pro+Pro+ Bundle 94 60 $114.45 $90.99 $72.79 $410,535.60 $0.00 $410,535.60 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 60 $73.05 $62.52 $37.52 $27,014.40 $0.00 $27,014.40 BWCamTAP Body Worn Camera TAP Bundle 94 60 $43.55 $33.80 $33.80 $190,632.00 $0.00 $190,632.00 T00001 AB4 FLEX POV TAP BUNDLE 2 60 $6.52 $7.69 $0.00 $0.00 $0.00 $0.00 Fleet3B Fleet 3 Basic 19 60 $183.88 $166.82 $166.82 $190,174.80 $0.00 $190,174.80 A la Carte Hardware 70112 AXON SIGNAL - VEHICLE 2 $279.00 $279.00 $558.00 $0.00 $558.00 H00003 AB4 1-Bay Dock Bundle 3 $229.00 $0.00 $0.00 $0.00 $0.00 H00003 AB4 1-Bay Dock Bundle 15 $229.00 $0.00 $0.00 $0.00 $0.00 H00002 AB4 Multi Bay Dock Bundle 12 $1,638.90 $0.00 $0.00 $0.00 $0.00 H00015 BUNDLE - AB4 POV HELMET BUNDLE 2 60 $407.94 $0.00 $0.00 $0.00 $0.00 H00001 AB4 Camera Bundle 94 $899.00 $0.00 $0.00 $0.00 $0.00 A la Carte Software 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 94 60 $5.42 $5.42 $30,568.80 $0.00 $30,568.80 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 60 $64.01 $64.01 $72,971.40 $0.00 $72,971.40 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 94 60 $22.57 $22.57 $127,294.80 $0.00 $127,294.80 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 80 60 $70.52 $70.52 $338,496.00 $0.00 $338,496.00 UnlimAll UNLIMITED BWC + 3RD-PARTY STORAGE 94 60 $59.88 $59.74 $336,933.60 $0.00 $336,933.60 ProLicense Pro License Bundle 3 60 $48.82 $48.75 $8,775.00 $0.00 $8,775.00 A la Carte Services 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $3,000.00 $0.00 $0.00 $0.00 $0.00 85144 AXON BODY - PSO - STARTER 1 $10,000.00 $10,000.00 $10,000.00 $0.00 $10,000.00 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $50,000.00 $50,000.00 $50,000.00 $0.00 $50,000.00 A la Carte Warranties 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 49 $1.33 $1.33 $130.34 $0.00 $130.34 Total $1,803,516.74 $0.00 $1,803,516.74 Delivery Schedule Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 1-Bay Dock Bundle 100201 AXON BODY 4 - DOCK - SINGLE BAY 3 1 03/01/2026 AB4 1-Bay Dock Bundle 100201 AXON BODY 4 - DOCK - SINGLE BAY 15 1 03/01/2026 AB4 1-Bay Dock Bundle 71104 AXON - DOCK/DATAPORT POWERCORD - NORTH AMERICA 3 1 03/01/2026 Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Pa g e 2 7 5 o f 3 1 9 Page 4 Q-644750-45923DG Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 1-Bay Dock Bundle 71104 AXON - DOCK/DATAPORT POWERCORD - NORTH AMERICA 15 1 03/01/2026 AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 94 1 03/01/2026 AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 3 1 03/01/2026 AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 104 1 03/01/2026 AB4 Camera Bundle 74028 AXON BODY - MOUNT - WING CLIP RAPIDLOCK 104 1 03/01/2026 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 12 1 03/01/2026 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 12 1 03/01/2026 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 12 1 03/01/2026 BUNDLE - AB4 POV HELMET BUNDLE 100200 AXON BODY 4 - FLEX POV MODULE 2 1 03/01/2026 BUNDLE - AB4 POV HELMET BUNDLE 100985 AXON BODY 4 - MOUNT - UNIVERSAL HELMET EXTENDED POV 3 1 03/01/2026 BUNDLE - AB4 POV HELMET BUNDLE 101305 AXON BODY 4 - CABLE - POV WEARABLE 9 IN 2 1 03/01/2026 BUNDLE - AB4 POV HELMET BUNDLE 101428 AXON BODY 4 - CABLE CLIP - POV - 5PK 1 1 03/01/2026 Fleet 3 Basic 101675 AXON FLEET - ERICSSON CRADLEPOINT R980-5GD-A+5YR NETCLOUD 19 1 03/01/2026 Fleet 3 Basic 101926 AXON FLEET - TAOGLAS ANT - 5-IN-1 2CELL 2WIFI 1GNSS INT 19 1 03/01/2026 Fleet 3 Basic 70112 AXON SIGNAL - VEHICLE 19 1 03/01/2026 Fleet 3 Basic 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 19 1 03/01/2026 A la Carte 70112 AXON SIGNAL - VEHICLE 2 1 03/01/2026 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 12 1 09/01/2028 Body Worn Camera Single-Bay Dock TAP Bundle 73313 AXON BODY - TAP REFRESH 1 - DOCK SINGLE BAY 15 1 09/01/2028 Body Worn Camera Single-Bay Dock TAP Bundle 73313 AXON BODY - TAP REFRESH 1 - DOCK SINGLE BAY 3 1 09/01/2028 Body Worn Camera TAP Bundle 73309 AXON BODY - TAP REFRESH 1 - CAMERA 97 1 09/01/2028 AB4 FLEX POV TAP BUNDLE 100976 AXON BODY - TAP REFRESH 1 - AB4 FLEX POV 2 1 03/01/2031 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 12 1 03/01/2031 Body Worn Camera Single-Bay Dock TAP Bundle 73314 AXON BODY - TAP REFRESH 2 - DOCK SINGLE BAY 3 1 03/01/2031 Body Worn Camera Single-Bay Dock TAP Bundle 73314 AXON BODY - TAP REFRESH 2 - DOCK SINGLE BAY 15 1 03/01/2031 Body Worn Camera TAP Bundle 73310 AXON BODY - TAP REFRESH 2 - CAMERA 97 1 03/01/2031 Software Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Basic 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 19 04/01/2026 03/31/2031 Fleet 3 Basic 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 38 04/01/2026 03/31/2031 Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 9 04/01/2026 03/31/2031 Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 3 04/01/2026 03/31/2031 Pro+ Bundle 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 94 04/01/2026 03/31/2031 Pro+ Bundle 73618 AXON COMMUNITY REQUEST 94 04/01/2026 03/31/2031 Pro+ Bundle 73638 AXON STANDARDS - LICENSE 94 04/01/2026 03/31/2031 Pro+ Bundle 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 94 04/01/2026 03/31/2031 Pro+ Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 282 04/01/2026 03/31/2031 Pro+ Bundle 73739 AXON PERFORMANCE - LICENSE 94 04/01/2026 03/31/2031 Pro+ Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 94 04/01/2026 03/31/2031 UNLIMITED BWC + 3RD-PARTY STORAGE 100165 AXON EVIDENCE - STORAGE - THIRD PARTY UNLIMITED 94 04/01/2026 03/31/2031 UNLIMITED BWC + 3RD-PARTY STORAGE 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)94 04/01/2026 03/31/2031 A la Carte 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 80 04/01/2026 03/31/2031 A la Carte 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 94 04/01/2026 03/31/2031 A la Carte 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 04/01/2026 03/31/2031 A la Carte 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 94 04/01/2026 03/31/2031 Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Pa g e 2 7 6 o f 3 1 9 Page 5 Q-644750-45923DG Services Bundle Item Description QTY Fleet 3 Basic 73391 AXON FLEET 3 - DEPLOYMENT PER VEHICLE - NOT OVERSIZED 19 Pro+ Bundle 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 94 Pro+ Bundle 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 A la Carte 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 A la Carte 80190 AXON EVIDENCE - CHANNEL SERVICES 1 A la Carte 85144 AXON BODY - PSO - STARTER 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date AB4 FLEX POV TAP BUNDLE 100945 AXON BODY 4 - EXT WARRANTY - FLEX POV MODULE 2 03/01/2027 03/31/2031 Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 12 03/01/2027 03/31/2031 Body Worn Camera Single-Bay Dock TAP Bundle 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 3 03/01/2027 03/31/2031 Body Worn Camera Single-Bay Dock TAP Bundle 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 15 03/01/2027 03/31/2031 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 94 03/01/2027 03/31/2031 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 3 03/01/2027 03/31/2031 Fleet 3 Basic 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 19 03/01/2027 03/31/2031 Fleet 3 Basic 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 19 03/01/2027 03/31/2031 A la Carte 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 03/01/2027 03/31/2031 Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Pa g e 2 7 7 o f 3 1 9 Page 6 Q-644750-45923DG Shipping Locations Location Number Street City State Zip Country 1 3615 S Elati St Englewood CO 80110-3519 USA Payment Details Mar 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 1 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 80 $67,699.21 $0.00 $67,699.21 Year 1 70112 AXON SIGNAL - VEHICLE 2 $111.60 $0.00 $111.60 Year 1 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 94 $6,113.76 $0.00 $6,113.76 Year 1 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $10,000.00 $0.00 $10,000.00 Year 1 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 $26.07 $0.00 $26.07 Year 1 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $14,594.28 $0.00 $14,594.28 Year 1 85144 AXON BODY - PSO - STARTER 1 $2,000.00 $0.00 $2,000.00 Year 1 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 94 $25,458.96 $0.00 $25,458.96 Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,402.87 $0.00 $5,402.87 Year 1 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 15 $1,886.40 $0.00 $1,886.40 Year 1 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 3 $0.00 $0.00 $0.00 Year 1 BWCamTAP Body Worn Camera TAP Bundle 94 $38,126.40 $0.00 $38,126.40 Year 1 Fleet3B Fleet 3 Basic 19 $38,034.97 $0.00 $38,034.97 Year 1 H00001 AB4 Camera Bundle 94 $0.00 $0.00 $0.00 Year 1 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 1 H00003 AB4 1-Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 1 H00003 AB4 1-Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 1 H00015 BUNDLE - AB4 POV HELMET BUNDLE 2 $0.00 $0.00 $0.00 Year 1 Pro+Pro+ Bundle 94 $82,107.10 $0.00 $82,107.10 Year 1 ProLicense Pro License Bundle 3 $1,755.00 $0.00 $1,755.00 Year 1 T00001 AB4 FLEX POV TAP BUNDLE 2 $0.00 $0.00 $0.00 Year 1 UnlimAll UNLIMITED BWC + 3RD-PARTY STORAGE 94 $67,386.72 $0.00 $67,386.72 Invoice Upon Fulfillment H00015 BUNDLE - AB4 POV HELMET BUNDLE 2 $0.00 $0.00 $0.00 Total $360,703.34 $0.00 $360,703.34 Apr 2026 Invoice Plan Item Description Qty Subtotal Tax Total Invoice Upon Fulfillment BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $0.00 $0.00 $0.00 Invoice Upon Fulfillment BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 3 $0.00 $0.00 $0.00 Invoice Upon Fulfillment T00001 AB4 FLEX POV TAP BUNDLE 2 $0.00 $0.00 $0.00 Invoice Upon Fulfillment UnlimAll UNLIMITED BWC + 3RD-PARTY STORAGE 94 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 Mar 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 2 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 80 $67,699.22 $0.00 $67,699.22 Year 2 70112 AXON SIGNAL - VEHICLE 2 $111.60 $0.00 $111.60 Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Pa g e 2 7 8 o f 3 1 9 Page 7 Q-644750-45923DG Mar 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 94 $6,113.76 $0.00 $6,113.76 Year 2 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $10,000.00 $0.00 $10,000.00 Year 2 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 $26.07 $0.00 $26.07 Year 2 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $14,594.28 $0.00 $14,594.28 Year 2 85144 AXON BODY - PSO - STARTER 1 $2,000.00 $0.00 $2,000.00 Year 2 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 94 $25,458.96 $0.00 $25,458.96 Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,402.87 $0.00 $5,402.87 Year 2 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 15 $1,886.40 $0.00 $1,886.40 Year 2 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 3 $0.00 $0.00 $0.00 Year 2 BWCamTAP Body Worn Camera TAP Bundle 94 $38,126.40 $0.00 $38,126.40 Year 2 Fleet3B Fleet 3 Basic 19 $38,034.97 $0.00 $38,034.97 Year 2 H00001 AB4 Camera Bundle 94 $0.00 $0.00 $0.00 Year 2 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 2 H00003 AB4 1-Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 2 H00003 AB4 1-Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 2 H00015 BUNDLE - AB4 POV HELMET BUNDLE 2 $0.00 $0.00 $0.00 Year 2 Pro+Pro+ Bundle 94 $82,107.10 $0.00 $82,107.10 Year 2 ProLicense Pro License Bundle 3 $1,755.00 $0.00 $1,755.00 Year 2 T00001 AB4 FLEX POV TAP BUNDLE 2 $0.00 $0.00 $0.00 Year 2 UnlimAll UNLIMITED BWC + 3RD-PARTY STORAGE 94 $67,386.72 $0.00 $67,386.72 Total $360,703.35 $0.00 $360,703.35 Mar 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 3 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 80 $67,699.22 $0.00 $67,699.22 Year 3 70112 AXON SIGNAL - VEHICLE 2 $111.60 $0.00 $111.60 Year 3 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 94 $6,113.76 $0.00 $6,113.76 Year 3 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $10,000.00 $0.00 $10,000.00 Year 3 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 $26.07 $0.00 $26.07 Year 3 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $14,594.28 $0.00 $14,594.28 Year 3 85144 AXON BODY - PSO - STARTER 1 $2,000.00 $0.00 $2,000.00 Year 3 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 94 $25,458.96 $0.00 $25,458.96 Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,402.87 $0.00 $5,402.87 Year 3 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 3 $0.00 $0.00 $0.00 Year 3 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 15 $1,886.40 $0.00 $1,886.40 Year 3 BWCamTAP Body Worn Camera TAP Bundle 94 $38,126.40 $0.00 $38,126.40 Year 3 Fleet3B Fleet 3 Basic 19 $38,034.97 $0.00 $38,034.97 Year 3 H00001 AB4 Camera Bundle 94 $0.00 $0.00 $0.00 Year 3 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 3 H00003 AB4 1-Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 3 H00003 AB4 1-Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 3 H00015 BUNDLE - AB4 POV HELMET BUNDLE 2 $0.00 $0.00 $0.00 Year 3 Pro+Pro+ Bundle 94 $82,107.10 $0.00 $82,107.10 Year 3 ProLicense Pro License Bundle 3 $1,755.00 $0.00 $1,755.00 Year 3 T00001 AB4 FLEX POV TAP BUNDLE 2 $0.00 $0.00 $0.00 Year 3 UnlimAll UNLIMITED BWC + 3RD-PARTY STORAGE 94 $67,386.72 $0.00 $67,386.72 Total $360,703.35 $0.00 $360,703.35 Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Pa g e 2 7 9 o f 3 1 9 Page 8 Q-644750-45923DG Mar 2029 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 4 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 80 $67,699.22 $0.00 $67,699.22 Year 4 70112 AXON SIGNAL - VEHICLE 2 $111.60 $0.00 $111.60 Year 4 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 94 $6,113.76 $0.00 $6,113.76 Year 4 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $10,000.00 $0.00 $10,000.00 Year 4 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 $26.07 $0.00 $26.07 Year 4 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $14,594.28 $0.00 $14,594.28 Year 4 85144 AXON BODY - PSO - STARTER 1 $2,000.00 $0.00 $2,000.00 Year 4 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 94 $25,458.96 $0.00 $25,458.96 Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,402.87 $0.00 $5,402.87 Year 4 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 3 $0.00 $0.00 $0.00 Year 4 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 15 $1,886.40 $0.00 $1,886.40 Year 4 BWCamTAP Body Worn Camera TAP Bundle 94 $38,126.40 $0.00 $38,126.40 Year 4 Fleet3B Fleet 3 Basic 19 $38,034.97 $0.00 $38,034.97 Year 4 H00001 AB4 Camera Bundle 94 $0.00 $0.00 $0.00 Year 4 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 4 H00003 AB4 1-Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 4 H00003 AB4 1-Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 4 H00015 BUNDLE - AB4 POV HELMET BUNDLE 2 $0.00 $0.00 $0.00 Year 4 Pro+Pro+ Bundle 94 $82,107.10 $0.00 $82,107.10 Year 4 ProLicense Pro License Bundle 3 $1,755.00 $0.00 $1,755.00 Year 4 T00001 AB4 FLEX POV TAP BUNDLE 2 $0.00 $0.00 $0.00 Year 4 UnlimAll UNLIMITED BWC + 3RD-PARTY STORAGE 94 $67,386.72 $0.00 $67,386.72 Total $360,703.35 $0.00 $360,703.35 Mar 2030 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 5 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 80 $67,699.22 $0.00 $67,699.22 Year 5 70112 AXON SIGNAL - VEHICLE 2 $111.60 $0.00 $111.60 Year 5 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 94 $6,113.76 $0.00 $6,113.76 Year 5 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $10,000.00 $0.00 $10,000.00 Year 5 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 $26.07 $0.00 $26.07 Year 5 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $14,594.28 $0.00 $14,594.28 Year 5 85144 AXON BODY - PSO - STARTER 1 $2,000.00 $0.00 $2,000.00 Year 5 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 94 $25,458.96 $0.00 $25,458.96 Year 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,402.87 $0.00 $5,402.87 Year 5 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 3 $0.00 $0.00 $0.00 Year 5 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 15 $1,886.40 $0.00 $1,886.40 Year 5 BWCamTAP Body Worn Camera TAP Bundle 94 $38,126.40 $0.00 $38,126.40 Year 5 Fleet3B Fleet 3 Basic 19 $38,034.97 $0.00 $38,034.97 Year 5 H00001 AB4 Camera Bundle 94 $0.00 $0.00 $0.00 Year 5 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 5 H00003 AB4 1-Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 5 H00003 AB4 1-Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 5 H00015 BUNDLE - AB4 POV HELMET BUNDLE 2 $0.00 $0.00 $0.00 Year 5 Pro+Pro+ Bundle 94 $82,107.10 $0.00 $82,107.10 Year 5 ProLicense Pro License Bundle 3 $1,755.00 $0.00 $1,755.00 Year 5 T00001 AB4 FLEX POV TAP BUNDLE 2 $0.00 $0.00 $0.00 Year 5 UnlimAll UNLIMITED BWC + 3RD-PARTY STORAGE 94 $67,386.72 $0.00 $67,386.72 Total $360,703.35 $0.00 $360,703.35 Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Pa g e 2 8 0 o f 3 1 9 Page 9 Q-644750-45923DG Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Pa g e 2 8 1 o f 3 1 9 Page 10 Q-644750-45923DG Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Pa g e 2 8 2 o f 3 1 9 Page 11 Q-644750-45923DG 9/23/2025 Docusign Envelope ID: 8DA5E60D-0E7C-449E-8581-1B47582ECFA7 Pa g e 2 8 3 o f 3 1 9 Page 1 Q-644750-45923DG Q-644750-45923DG Issued: 09/23/2025 Quote Expiration: 12/15/2025 Estimated Contract Start Date: 04/01/2026 Account Number: 107719 Payment Terms: Mode of Delivery: UPS-GND Credit/Debit Amount: $0.00 SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Englewood Police Dept. - CO 3615 S Elati St Englewood, CO 80110-3519 USA Englewood Police Department - CO 3615 S Elati St Englewood CO 80110-3519 USA Email: David Gollobit Phone: +1 6023212774 Email: dgollobit@axon.com Fax: Ed Disner Phone: (303) 762-2488 Email: edisner@englewoodco.gov Fax: Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $90,487.19 TOTAL COST $1,803,516.74 ESTIMATED TOTAL W/ TAX $1,803,516.74 TOTAL SAVINGS $452,435.93 Axon Enterprise, Inc. 17800 N 85th St Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic:(800) 978-2737 International: +1.800.978.2737 Pa g e 2 8 4 o f 3 1 9 Page 2 Q-644750-45923DG Payment Summary Date Subtotal Tax Total Mar 2026 $360,703.34 $0.00 $360,703.34 Mar 2027 $360,703.35 $0.00 $360,703.35 Mar 2028 $360,703.35 $0.00 $360,703.35 Mar 2029 $360,703.35 $0.00 $360,703.35 Mar 2030 $360,703.35 $0.00 $360,703.35 Total $1,803,516.74 $0.00 $1,803,516.74 Pa g e 2 8 5 o f 3 1 9 Page 3 Q-644750-45923DG Quote Unbundled Price:$2,255,927.62 Quote List Price:$2,039,886.82 Quote Subtotal:$1,803,516.74 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 3 60 $12.19 $10.48 $0.00 $0.00 $0.00 $0.00 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 15 60 $12.19 $10.48 $10.48 $9,432.00 $0.00 $9,432.00 Pro+Pro+ Bundle 94 60 $114.45 $90.99 $72.79 $410,535.60 $0.00 $410,535.60 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 60 $73.05 $62.52 $37.52 $27,014.40 $0.00 $27,014.40 BWCamTAP Body Worn Camera TAP Bundle 94 60 $43.55 $33.80 $33.80 $190,632.00 $0.00 $190,632.00 T00001 AB4 FLEX POV TAP BUNDLE 2 60 $6.52 $7.69 $0.00 $0.00 $0.00 $0.00 Fleet3B Fleet 3 Basic 19 60 $183.88 $166.82 $166.82 $190,174.80 $0.00 $190,174.80 A la Carte Hardware 70112 AXON SIGNAL - VEHICLE 2 $279.00 $279.00 $558.00 $0.00 $558.00 H00003 AB4 1-Bay Dock Bundle 3 $229.00 $0.00 $0.00 $0.00 $0.00 H00003 AB4 1-Bay Dock Bundle 15 $229.00 $0.00 $0.00 $0.00 $0.00 H00002 AB4 Multi Bay Dock Bundle 12 $1,638.90 $0.00 $0.00 $0.00 $0.00 H00015 BUNDLE - AB4 POV HELMET BUNDLE 2 60 $407.94 $0.00 $0.00 $0.00 $0.00 H00001 AB4 Camera Bundle 94 $899.00 $0.00 $0.00 $0.00 $0.00 A la Carte Software 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 94 60 $5.42 $5.42 $30,568.80 $0.00 $30,568.80 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 60 $64.01 $64.01 $72,971.40 $0.00 $72,971.40 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 94 60 $22.57 $22.57 $127,294.80 $0.00 $127,294.80 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 80 60 $70.52 $70.52 $338,496.00 $0.00 $338,496.00 UnlimAll UNLIMITED BWC + 3RD-PARTY STORAGE 94 60 $59.88 $59.74 $336,933.60 $0.00 $336,933.60 ProLicense Pro License Bundle 3 60 $48.82 $48.75 $8,775.00 $0.00 $8,775.00 A la Carte Services 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $3,000.00 $0.00 $0.00 $0.00 $0.00 85144 AXON BODY - PSO - STARTER 1 $10,000.00 $10,000.00 $10,000.00 $0.00 $10,000.00 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $50,000.00 $50,000.00 $50,000.00 $0.00 $50,000.00 A la Carte Warranties 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 49 $1.33 $1.33 $130.34 $0.00 $130.34 Total $1,803,516.74 $0.00 $1,803,516.74 Delivery Schedule Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 1-Bay Dock Bundle 100201 AXON BODY 4 - DOCK - SINGLE BAY 3 1 03/01/2026 AB4 1-Bay Dock Bundle 100201 AXON BODY 4 - DOCK - SINGLE BAY 15 1 03/01/2026 AB4 1-Bay Dock Bundle 71104 AXON - DOCK/DATAPORT POWERCORD - NORTH AMERICA 3 1 03/01/2026 Pa g e 2 8 6 o f 3 1 9 Page 4 Q-644750-45923DG Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 1-Bay Dock Bundle 71104 AXON - DOCK/DATAPORT POWERCORD - NORTH AMERICA 15 1 03/01/2026 AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 94 1 03/01/2026 AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 3 1 03/01/2026 AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 104 1 03/01/2026 AB4 Camera Bundle 74028 AXON BODY - MOUNT - WING CLIP RAPIDLOCK 104 1 03/01/2026 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 12 1 03/01/2026 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 12 1 03/01/2026 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 12 1 03/01/2026 BUNDLE - AB4 POV HELMET BUNDLE 100200 AXON BODY 4 - FLEX POV MODULE 2 1 03/01/2026 BUNDLE - AB4 POV HELMET BUNDLE 100985 AXON BODY 4 - MOUNT - UNIVERSAL HELMET EXTENDED POV 3 1 03/01/2026 BUNDLE - AB4 POV HELMET BUNDLE 101305 AXON BODY 4 - CABLE - POV WEARABLE 9 IN 2 1 03/01/2026 BUNDLE - AB4 POV HELMET BUNDLE 101428 AXON BODY 4 - CABLE CLIP - POV - 5PK 1 1 03/01/2026 Fleet 3 Basic 101675 AXON FLEET - ERICSSON CRADLEPOINT R980-5GD-A+5YR NETCLOUD 19 1 03/01/2026 Fleet 3 Basic 101926 AXON FLEET - TAOGLAS ANT - 5-IN-1 2CELL 2WIFI 1GNSS INT 19 1 03/01/2026 Fleet 3 Basic 70112 AXON SIGNAL - VEHICLE 19 1 03/01/2026 Fleet 3 Basic 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 19 1 03/01/2026 A la Carte 70112 AXON SIGNAL - VEHICLE 2 1 03/01/2026 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 12 1 09/01/2028 Body Worn Camera Single-Bay Dock TAP Bundle 73313 AXON BODY - TAP REFRESH 1 - DOCK SINGLE BAY 15 1 09/01/2028 Body Worn Camera Single-Bay Dock TAP Bundle 73313 AXON BODY - TAP REFRESH 1 - DOCK SINGLE BAY 3 1 09/01/2028 Body Worn Camera TAP Bundle 73309 AXON BODY - TAP REFRESH 1 - CAMERA 97 1 09/01/2028 AB4 FLEX POV TAP BUNDLE 100976 AXON BODY - TAP REFRESH 1 - AB4 FLEX POV 2 1 03/01/2031 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 12 1 03/01/2031 Body Worn Camera Single-Bay Dock TAP Bundle 73314 AXON BODY - TAP REFRESH 2 - DOCK SINGLE BAY 3 1 03/01/2031 Body Worn Camera Single-Bay Dock TAP Bundle 73314 AXON BODY - TAP REFRESH 2 - DOCK SINGLE BAY 15 1 03/01/2031 Body Worn Camera TAP Bundle 73310 AXON BODY - TAP REFRESH 2 - CAMERA 97 1 03/01/2031 Software Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Basic 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 19 04/01/2026 03/31/2031 Fleet 3 Basic 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 38 04/01/2026 03/31/2031 Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 9 04/01/2026 03/31/2031 Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 3 04/01/2026 03/31/2031 Pro+ Bundle 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 94 04/01/2026 03/31/2031 Pro+ Bundle 73618 AXON COMMUNITY REQUEST 94 04/01/2026 03/31/2031 Pro+ Bundle 73638 AXON STANDARDS - LICENSE 94 04/01/2026 03/31/2031 Pro+ Bundle 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 94 04/01/2026 03/31/2031 Pro+ Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 282 04/01/2026 03/31/2031 Pro+ Bundle 73739 AXON PERFORMANCE - LICENSE 94 04/01/2026 03/31/2031 Pro+ Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 94 04/01/2026 03/31/2031 UNLIMITED BWC + 3RD-PARTY STORAGE 100165 AXON EVIDENCE - STORAGE - THIRD PARTY UNLIMITED 94 04/01/2026 03/31/2031 UNLIMITED BWC + 3RD-PARTY STORAGE 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)94 04/01/2026 03/31/2031 A la Carte 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 80 04/01/2026 03/31/2031 A la Carte 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 94 04/01/2026 03/31/2031 A la Carte 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 04/01/2026 03/31/2031 A la Carte 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 94 04/01/2026 03/31/2031Pa g e 2 8 7 o f 3 1 9 Page 5 Q-644750-45923DG Services Bundle Item Description QTY Fleet 3 Basic 73391 AXON FLEET 3 - DEPLOYMENT PER VEHICLE - NOT OVERSIZED 19 Pro+ Bundle 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 94 Pro+ Bundle 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 A la Carte 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 A la Carte 80190 AXON EVIDENCE - CHANNEL SERVICES 1 A la Carte 85144 AXON BODY - PSO - STARTER 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date AB4 FLEX POV TAP BUNDLE 100945 AXON BODY 4 - EXT WARRANTY - FLEX POV MODULE 2 03/01/2027 03/31/2031 Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 12 03/01/2027 03/31/2031 Body Worn Camera Single-Bay Dock TAP Bundle 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 3 03/01/2027 03/31/2031 Body Worn Camera Single-Bay Dock TAP Bundle 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 15 03/01/2027 03/31/2031 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 94 03/01/2027 03/31/2031 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 3 03/01/2027 03/31/2031 Fleet 3 Basic 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 19 03/01/2027 03/31/2031 Fleet 3 Basic 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 19 03/01/2027 03/31/2031 A la Carte 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 03/01/2027 03/31/2031 Pa g e 2 8 8 o f 3 1 9 Page 6 Q-644750-45923DG Shipping Locations Location Number Street City State Zip Country 1 3615 S Elati St Englewood CO 80110-3519 USA Payment Details Mar 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 1 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 80 $67,699.21 $0.00 $67,699.21 Year 1 70112 AXON SIGNAL - VEHICLE 2 $111.60 $0.00 $111.60 Year 1 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 94 $6,113.76 $0.00 $6,113.76 Year 1 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $10,000.00 $0.00 $10,000.00 Year 1 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 $26.07 $0.00 $26.07 Year 1 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $14,594.28 $0.00 $14,594.28 Year 1 85144 AXON BODY - PSO - STARTER 1 $2,000.00 $0.00 $2,000.00 Year 1 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 94 $25,458.96 $0.00 $25,458.96 Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,402.87 $0.00 $5,402.87 Year 1 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 15 $1,886.40 $0.00 $1,886.40 Year 1 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 3 $0.00 $0.00 $0.00 Year 1 BWCamTAP Body Worn Camera TAP Bundle 94 $38,126.40 $0.00 $38,126.40 Year 1 Fleet3B Fleet 3 Basic 19 $38,034.97 $0.00 $38,034.97 Year 1 H00001 AB4 Camera Bundle 94 $0.00 $0.00 $0.00 Year 1 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 1 H00003 AB4 1-Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 1 H00003 AB4 1-Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 1 H00015 BUNDLE - AB4 POV HELMET BUNDLE 2 $0.00 $0.00 $0.00 Year 1 Pro+Pro+ Bundle 94 $82,107.10 $0.00 $82,107.10 Year 1 ProLicense Pro License Bundle 3 $1,755.00 $0.00 $1,755.00 Year 1 T00001 AB4 FLEX POV TAP BUNDLE 2 $0.00 $0.00 $0.00 Year 1 UnlimAll UNLIMITED BWC + 3RD-PARTY STORAGE 94 $67,386.72 $0.00 $67,386.72 Invoice Upon Fulfillment H00015 BUNDLE - AB4 POV HELMET BUNDLE 2 $0.00 $0.00 $0.00 Total $360,703.34 $0.00 $360,703.34 Apr 2026 Invoice Plan Item Description Qty Subtotal Tax Total Invoice Upon Fulfillment BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $0.00 $0.00 $0.00 Invoice Upon Fulfillment BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 3 $0.00 $0.00 $0.00 Invoice Upon Fulfillment T00001 AB4 FLEX POV TAP BUNDLE 2 $0.00 $0.00 $0.00 Invoice Upon Fulfillment UnlimAll UNLIMITED BWC + 3RD-PARTY STORAGE 94 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 Mar 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 2 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 80 $67,699.22 $0.00 $67,699.22 Year 2 70112 AXON SIGNAL - VEHICLE 2 $111.60 $0.00 $111.60Pa g e 2 8 9 o f 3 1 9 Page 7 Q-644750-45923DG Mar 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 94 $6,113.76 $0.00 $6,113.76 Year 2 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $10,000.00 $0.00 $10,000.00 Year 2 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 $26.07 $0.00 $26.07 Year 2 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $14,594.28 $0.00 $14,594.28 Year 2 85144 AXON BODY - PSO - STARTER 1 $2,000.00 $0.00 $2,000.00 Year 2 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 94 $25,458.96 $0.00 $25,458.96 Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,402.87 $0.00 $5,402.87 Year 2 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 15 $1,886.40 $0.00 $1,886.40 Year 2 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 3 $0.00 $0.00 $0.00 Year 2 BWCamTAP Body Worn Camera TAP Bundle 94 $38,126.40 $0.00 $38,126.40 Year 2 Fleet3B Fleet 3 Basic 19 $38,034.97 $0.00 $38,034.97 Year 2 H00001 AB4 Camera Bundle 94 $0.00 $0.00 $0.00 Year 2 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 2 H00003 AB4 1-Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 2 H00003 AB4 1-Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 2 H00015 BUNDLE - AB4 POV HELMET BUNDLE 2 $0.00 $0.00 $0.00 Year 2 Pro+Pro+ Bundle 94 $82,107.10 $0.00 $82,107.10 Year 2 ProLicense Pro License Bundle 3 $1,755.00 $0.00 $1,755.00 Year 2 T00001 AB4 FLEX POV TAP BUNDLE 2 $0.00 $0.00 $0.00 Year 2 UnlimAll UNLIMITED BWC + 3RD-PARTY STORAGE 94 $67,386.72 $0.00 $67,386.72 Total $360,703.35 $0.00 $360,703.35 Mar 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 3 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 80 $67,699.22 $0.00 $67,699.22 Year 3 70112 AXON SIGNAL - VEHICLE 2 $111.60 $0.00 $111.60 Year 3 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 94 $6,113.76 $0.00 $6,113.76 Year 3 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $10,000.00 $0.00 $10,000.00 Year 3 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 $26.07 $0.00 $26.07 Year 3 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $14,594.28 $0.00 $14,594.28 Year 3 85144 AXON BODY - PSO - STARTER 1 $2,000.00 $0.00 $2,000.00 Year 3 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 94 $25,458.96 $0.00 $25,458.96 Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,402.87 $0.00 $5,402.87 Year 3 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 3 $0.00 $0.00 $0.00 Year 3 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 15 $1,886.40 $0.00 $1,886.40 Year 3 BWCamTAP Body Worn Camera TAP Bundle 94 $38,126.40 $0.00 $38,126.40 Year 3 Fleet3B Fleet 3 Basic 19 $38,034.97 $0.00 $38,034.97 Year 3 H00001 AB4 Camera Bundle 94 $0.00 $0.00 $0.00 Year 3 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 3 H00003 AB4 1-Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 3 H00003 AB4 1-Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 3 H00015 BUNDLE - AB4 POV HELMET BUNDLE 2 $0.00 $0.00 $0.00 Year 3 Pro+Pro+ Bundle 94 $82,107.10 $0.00 $82,107.10 Year 3 ProLicense Pro License Bundle 3 $1,755.00 $0.00 $1,755.00 Year 3 T00001 AB4 FLEX POV TAP BUNDLE 2 $0.00 $0.00 $0.00 Year 3 UnlimAll UNLIMITED BWC + 3RD-PARTY STORAGE 94 $67,386.72 $0.00 $67,386.72 Total $360,703.35 $0.00 $360,703.35 Pa g e 2 9 0 o f 3 1 9 Page 8 Q-644750-45923DG Mar 2029 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 4 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 80 $67,699.22 $0.00 $67,699.22 Year 4 70112 AXON SIGNAL - VEHICLE 2 $111.60 $0.00 $111.60 Year 4 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 94 $6,113.76 $0.00 $6,113.76 Year 4 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $10,000.00 $0.00 $10,000.00 Year 4 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 $26.07 $0.00 $26.07 Year 4 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $14,594.28 $0.00 $14,594.28 Year 4 85144 AXON BODY - PSO - STARTER 1 $2,000.00 $0.00 $2,000.00 Year 4 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 94 $25,458.96 $0.00 $25,458.96 Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,402.87 $0.00 $5,402.87 Year 4 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 3 $0.00 $0.00 $0.00 Year 4 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 15 $1,886.40 $0.00 $1,886.40 Year 4 BWCamTAP Body Worn Camera TAP Bundle 94 $38,126.40 $0.00 $38,126.40 Year 4 Fleet3B Fleet 3 Basic 19 $38,034.97 $0.00 $38,034.97 Year 4 H00001 AB4 Camera Bundle 94 $0.00 $0.00 $0.00 Year 4 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 4 H00003 AB4 1-Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 4 H00003 AB4 1-Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 4 H00015 BUNDLE - AB4 POV HELMET BUNDLE 2 $0.00 $0.00 $0.00 Year 4 Pro+Pro+ Bundle 94 $82,107.10 $0.00 $82,107.10 Year 4 ProLicense Pro License Bundle 3 $1,755.00 $0.00 $1,755.00 Year 4 T00001 AB4 FLEX POV TAP BUNDLE 2 $0.00 $0.00 $0.00 Year 4 UnlimAll UNLIMITED BWC + 3RD-PARTY STORAGE 94 $67,386.72 $0.00 $67,386.72 Total $360,703.35 $0.00 $360,703.35 Mar 2030 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 5 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 80 $67,699.22 $0.00 $67,699.22 Year 5 70112 AXON SIGNAL - VEHICLE 2 $111.60 $0.00 $111.60 Year 5 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 94 $6,113.76 $0.00 $6,113.76 Year 5 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $10,000.00 $0.00 $10,000.00 Year 5 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 $26.07 $0.00 $26.07 Year 5 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $14,594.28 $0.00 $14,594.28 Year 5 85144 AXON BODY - PSO - STARTER 1 $2,000.00 $0.00 $2,000.00 Year 5 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 94 $25,458.96 $0.00 $25,458.96 Year 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,402.87 $0.00 $5,402.87 Year 5 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 3 $0.00 $0.00 $0.00 Year 5 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 15 $1,886.40 $0.00 $1,886.40 Year 5 BWCamTAP Body Worn Camera TAP Bundle 94 $38,126.40 $0.00 $38,126.40 Year 5 Fleet3B Fleet 3 Basic 19 $38,034.97 $0.00 $38,034.97 Year 5 H00001 AB4 Camera Bundle 94 $0.00 $0.00 $0.00 Year 5 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 5 H00003 AB4 1-Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 5 H00003 AB4 1-Bay Dock Bundle 15 $0.00 $0.00 $0.00 Year 5 H00015 BUNDLE - AB4 POV HELMET BUNDLE 2 $0.00 $0.00 $0.00 Year 5 Pro+Pro+ Bundle 94 $82,107.10 $0.00 $82,107.10 Year 5 ProLicense Pro License Bundle 3 $1,755.00 $0.00 $1,755.00 Year 5 T00001 AB4 FLEX POV TAP BUNDLE 2 $0.00 $0.00 $0.00 Year 5 UnlimAll UNLIMITED BWC + 3RD-PARTY STORAGE 94 $67,386.72 $0.00 $67,386.72 Total $360,703.35 $0.00 $360,703.35Pa g e 2 9 1 o f 3 1 9 Page 9 Q-644750-45923DG Pa g e 2 9 2 o f 3 1 9 Page 10 Q-644750-45923DG Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Pa g e 2 9 3 o f 3 1 9 Page 11 Q-644750-45923DG \s1\\d1\ Signature Date Signed 9/23/2025 Pa g e 2 9 4 o f 3 1 9 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 1 10/28/2025 To: Englewood Police Dept. CO Re: Sole Source Letter for Axon Enterprise, Inc.’s TASER Energy Weapons, Axon brand products, and Axon Evidence (Evidence.com) Data Management Solutions A sole source justification exists because the following goods and services required to satisfy the agency’s needs are only manufactured and available for purchase from Axon Enterprise. Axon is also the sole distributor and retailer of all TASER brand products for the agency identified in this letter. TASER Energy Weapon Descriptions TASER 10 Energy Weapon  Multi-shot energy weapon  Detachable magazine holding 10 TASER 10 Cartridges  45-foot (13.7-meter) range  High-efficiency flashlight  Green LASER sight  Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status.  Weapon logs  TASER Weapons Dock connected to Axon Evidence (Evidence.com) services  Onboard self-diagnostic and system status monitoring and reporting  Real-time clock updated when the battery pack is plugged into the TASER Weapons Dock  Ambidextrous selector switch  Can be configured by the agency to alert Axon camera systems  The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position.  Compatible with TASER 10 Cartridges only TASER 7 Energy Weapon  Multiple-shot energy weapon  High-efficiency flashlight  Close Quarter and Standoff cartridges  Green LASER and dual red LASERs that adjust for cartridge angle  Arc switch enables drive-stun with or without a TASER 7 Cartridge installed  Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status.  Weapon logs Page 295 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 2  TASER Weapons Dock connected to Axon Evidence (Evidence.com) services  Onboard self-diagnostic and system status monitoring and reporting  Real-time clock updated when the battery pack is plugged into the TASER Weapons Dock  Ambidextrous safety switch  Can be configured by the agency to alert Axon camera systems  The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position.  Compatible with TASER 7 Cartridges only TASER 7 CQ Energy Weapon  Multiple-shot energy weapon for agencies that deploy energy weapons mostly at close quarters (CQ)  High-efficiency flashlight  Close Quarter cartridges  Arc switch enables drive-stun with or without a TASER 7 Cartridge installed  Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status.  Weapon logs  TASER Weapons Dock connected to Axon Evidence (Evidence.com) services  Onboard self-diagnostic and system status monitoring and reporting  Real-time clock updated when the battery pack is plugged into the TASER Weapons Dock  Ambidextrous safety switch  Can be configured by the agency to alert Axon camera systems  The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position.  Compatible with 12-degree TASER 7 Cartridges only X2 Energy Weapon  Multiple-shot energy weapon  High efficiency flashlight  Static dual LASERs (used for target acquisition)  ARC switch enables drive-stun with or without a Smart Cartridge installed  Central Information Display (CID): Displays mission-critical data such as remaining battery energy, burst time, operating mode, and user menu to change settings and view data on a yellow-on-black display  The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Evidence.com services.  Real-time clock with back-up battery  Onboard self-diagnostic and system status monitoring and reporting  Ambidextrous safety switch Page 296 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 3  Capable of audio/video recording with optional TASER CAM HD recorder  The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with an APPM or TASER CAM HD AS). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position  Compatible with TASER Smart Cartridges only X26P Energy Weapon  High efficiency flashlight  Red LASER (used for target acquisition)  Central Information Display (CID): Displays data such as calculated remaining energy, burst time, and notifications  The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Evidence.com services.  Real-time clock with back-up battery  Onboard self-diagnostic and system status monitoring and reporting  Ambidextrous safety switch  Capable of audio/video recording with optional TASER CAM HD recorder  The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with an APPM or TASER CAM HD AS). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position.  Compatible with TASER standard series cartridges Axon Signal Performance Power Magazine (SPPM)  Battery pack for the X2 and X26P conducted energy weapons  Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras. TASER Brand Energy Weapon Model Numbers 1. Energy Weapons: TASER 10 Models: 100390, 100391  TASER 7 Models: 20008, 20009, 20010, and 20011  TASER 7 CQ Models 20213, 20214  TASER X2 Models: 22002 and 22003  TASER X26P Models: 11002 and 11003 2. Optional Extended Warranties for Energy Weapons:  TASER 7 – 4-year extended warranty, item number 20040  X2 – 4-year extended warranty, item number 22014  X26P – 2-year extended warranty, item number 11008  X26P – 4-year extended warranty, item number 11004 3. TASER 7 Cartridges (compatible with the TASER 7; required for this Energy Weapon to Page 297 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 4 function in the probe deployment mode)  Standoff cartridge, 3.5 degrees, Model 22175  Close Quarter cartridge, 12 degrees, Model 22176  Hook and Loop Training (HALT) cartridge, 3.5 degrees, Model 22177  Hook and Loop Training (HALT) cartridge, 12 degrees, Model 22178  Inert cartridge, 3.5 degrees, Model 22179  Inert cartridge, 12 degrees, Model 22181 4. TASER 10 Magazines  TASER 10 live duty magazine (black), item number 100393  TASER 10 Hook and Loop Training (HALT) magazine (blue), item number 100394  TASER 10 live training magazine (purple), item number 100395  TASER 10 inert training magazine (red), item number 100396 5. TASER 10 Cartridges (compatible with the TASER 10, required for this energy weapon to function in the probe deployment mode)  TASER 10 live cartridge, item number 100399  TASER 10 HALT cartridge, item number 10400  TASER 10 inert cartridge, item number 100401 6. TASER standard cartridges (compatible with the X26P; required for this energy weapon to function in the probe deployment mode):  15-foot Model: 22188  21-foot Model: 22189  21-foot non-conductive Model: 44205  25-foot Model: 22190 7. TASER Smart cartridges (compatible with the X2; required for this energy weapon to function in the probe deployment mode):  15-foot Model: 22184  25-foot Model: 22185  25-foot inert simulation Model: 22155  25-foot non-conductive Model: 22157 8. Battery Packs for TASER 7 and TASER 10 energy weapons:  Tactical battery pack Model 22018  Compact battery pack Model 22019  Non-Rechargeable battery pack Model 22020  Disconnect battery pack Model 20027 9. TASER CAM HD recorder Model: 26810 (full HD video and audio) and TASER CAM HD with AS (automatic shut-down feature) Model: 26820. The TASER CAM HD is compatible with both the X26P and X2 energy weapons.  TASER CAM HD replacement battery Model: 26764  TASER CAM HD Download Kit Model: 26762  TASER CAM HD optional 4-year extended warranty, item number 26763 10. Battery Packs for X26P and X2 Energy Weapons:  Performance Power Magazine (PPM) Model: 22010 Page 298 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 5  Tactical Performance Power Magazine (TPPM) Model: 22012  Automatic Shut-Down Performance Power Magazine (APPM) Model: 22011  eXtended Performance Power Magazine (XPPM) Model: 11010  eXtended Automatic Shut-Down Performance Power Magazine (XAPPM) Model: 11015  Axon Signal Performance Power Magazine (SPPM) Model: 70116 11. TASER Weapons Dock, used with TASER 7 and TASER 10 battery packs:  TASER Weapons Dock Core and Multi-bay Module: 74200  TASER Weapons Dock Core and Single-bay Module: 74201 TASER Weapons Dock Single Bay Dataport: 74208 12. TASER Dataport Download Kits:  Dataport Download Kit for the X2 and X26P Model: 22013 13. TASER Blast Door Repair Kit Model 44019 and TASER Blast Door Replenishment Kit Model 44023 14. Energy Weapon Holsters:  Right-hand TASER 10 holster by Safariland Model: 100611  Left-hand TASER 10 holster by Safariland Model: 100613  Right-hand TASER 10 holster by Blade-Tech Model: 100614  Left-hand TASER 10 holster by Blade-Tech Model: 100615  Right-hand TASER 10 holster by BLACKHAWK Model: 100616  Left-hand TASER 10 holster by BLACKHAWK Model: 100617  Ambidextrous TASER 10 holster by So-Tech Model: 100621  Right-hand TASER 7 holster by Safariland Model: 20063  Left-hand TASER 7 holster by Safariland Model: 20068  Right-hand TASER 7 holster with cartridge carrier by Safariland Model: 20160  Left-hand TASER 7 holster by with cartridge carrier by Safariland Model: 20161  Right-hand X2 holster by BLACKHAWK Model: 22501  Left-hand X2 holster by BLACKHAWK Model: 22504  Right-hand X26P holster by BLACKHAWK Model: 11501  Left-hand X26P holster by BLACKHAWK Model: 11504 15. Enhanced HALT Suit Model: 100623 16. TASER Simulation Suit II Model 44550 17. TASER 7 conductive target Model: 80087 18. Blue X26P Demonstrator/LASER Pointer Model: 11023 Page 299 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 6 Axon Digital Evidence Solution Description Axon Body 4 Video Camera (DVR)  Improved, 160-degree field of view  Upgraded sensor provides sharper, more detailed images  Full-shift battery, even when using Axon Respond real-time services  Bi-directional communications with Watch Me button allowing support teams to view wearer’s footage. (Requires Axon Respond)  Real-time support allows wearer to view user locations on live maps, receive alerts, and view live streams. (Requires Axon Respond location services and 30 minutes of livestreaming)  Faster recharging  Optional point-of-view (Flex POV) camera module  Fourteen-hour battery  Up to 120-second buffering period to record footage before pressing the record button  Simplified registration Axon Body 3 Video Camera (DVR)  Improved video quality with reduced motion blur and better low-light performance  Multi-mic audio—four built-in microphones  Wireless upload option  Gunshot detection and alerts  Streaming audio and video capability  “Find my camera” feature  Verbal transcription with Axon Records  End-to-end encryption  Twelve-hour battery  Up to 120-second buffering period to record footage before pressing record button Axon Flex 2 Video Camera  Video playback on mobile devices in the field via Bluetooth pairing  Retina Low Light capability sensitive to less than 0.1 lux  Audio tones to alert user of usage  Low SD, high SD, low HD, and high HD resolution (customizable by the agency)  Up to 120-second buffering period to record footage before pressing record button  Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available  120-degree diagonal field of view camera lens, 102-degree horizontal field of view, and 55-degree vertical field of view Axon Flex 2 Controller  12+ hours of battery operation per shift (even in recording mode)  LED lights to show current battery level and operating mode  Haptic notification available  Tactical beveled button design for use in pocket  Compatible with Axon Signal technology Page 300 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 7 Axon Air System  Purpose-built solution for law enforcement UAV programs  Supported applications on iOS and Android  Automated tracking of pilot, aircraft, and flight logs  Unlimited Storage of UAV data in Axon Evidence (Evidence.com)  In application ingestion of data in Axon Evidence (Evidence.com)  Axon Respond integration for live streaming and situational awareness Axon Body 2 Video Camera  Video playback on mobile devices in the field via Bluetooth pairing  Retina Low Light capability sensitive to less than 1 lux  Audio tones and haptic (vibration) notification to alert user of usage  Audio mute during event option  Wi-Fi capability  High, medium, and low quality recording available (customizable by the agency)  Up to 2-minute buffering period to record footage before pressing record button  Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available  12+ hours of battery operation per shift (even in recording mode)  LED lights to show current battery level and operating mode  143-degree lens  Includes Axon Signal technology Axon Fleet 3 Camera  High-definition Dual-View Camera with panoramic field of view, 12x zoom, and AI processing for automatic license plate reader (ALPR)  High-definition Interior Camera with infrared illumination for back seat view in complete darkness  Wireless Mic and Charging Base for capturing audio when outside of vehicle  Fleet Hub with connectivity, global navigation satellite system (GNSS), secure solid- state storage, and Signal inputs  Automatic transition from Buffering to Event mode with configurable Signals  Video Recall records last 24 hours of each camera in case camera not activated for an event  Intuitive mobile data terminal app, Axon Dashboard, for controlling system, reviewing video, quick tagging, and more  Ability to efficiently categorize, play back and share all video and audio alongside other digital files on Evidence.com  Multi-cam playback, for reviewing up to four videos, including body-worn and in-car footage, at the same time  Fully integrated with Evidence.com services and Axon devices  Automatic time synchronization with all Axon Fleet and other Axon on-officer cameras allows for multi-camera playback on Evidence.com.  Prioritized upload to Evidence.com of critical event videos via 4G/LTE  Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM) and Signal Side Arm (SSA).  Best-in-class install times, wireless updates and quick remote troubleshooting  Optional Axon Respond live stream, alerts, and location updates for situational Page 301 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 8 awareness  Optional Axon ALPR hotlist alerts, plate read retention, and investigative search Axon Fleet 2 Camera  Fully integrated with Axon Evidence services and Axon devices  Automatic time synchronization with other Axon Fleet and Axon on-officer cameras allows for multi-camera playback on Axon Evidence.  Immediate upload to Axon Evidence of critical event videos via 4G/LTE  Wireless alerts from the TASER energy weapon Signal Performance Power Magazine (SPPM).  Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit  Decentralized system architecture without a central digital video recorder (DVR).  Cameras that function independently and communicate wirelessly with the computer in the vehicle (MDT, MDC, MDU) for reviewing, tagging and uploading video.  Wireless record alert based on Bluetooth communication from Axon Signal Vehicle when a configured input is enabled (e.g. emergency light, siren, weapon rack, etc.).  Receives alerts from Axon Signal Sidearm.  Plug-And-Play design allowing for cameras to be easily replaced and upgraded.  Ability for an unlimited number of agency vehicles recording in the same vicinity with an Axon Fleet system to be automatically associated with one another when reviewing video in the video management platform. This feature is also supported across body cameras. Axon Signal Unit (ASU)  Communications device that can be installed in emergency vehicles.  With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal Performance Power Magazine (SPPM)  Battery pack for the TASER X2 and X26P conducted electrical weapons  Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras. Axon Signal Sidearm Sensor  Can be installed on common duty holsters  Drawing a service handgun from the holster sends a signal from the Axon Signal Sidearm sensor. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Interview Solution  High-definition cameras and microphones for interview rooms  Covert or overt camera installations  Touch-screen user interface  Motion-based activation  Up to 7-minute pre- and post-event buffering period Page 302 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 9  Full hardware and software integration  Upload to Axon Evidence services  Interview room files can be managed under the same case umbrella as files from Axon on-officer cameras and Axon Fleet cameras; i.e., Axon video of an arrest and interview room video are managed as part of the same case in Axon Evidence  Dual integration of on-officer camera and interview room camera with Axon Evidence digital evidence solution Axon Signal Technology  Sends a broadcast of status that compatible devices recognize when certain status changes are detected  Only compatible with TASER and Axon products Axon Dock  Automated docking station uploads to Axon Evidence services through Internet connection  No computer necessary for secure upload to Axon Evidence  Charges and uploads simultaneously  The Axon Dock is tested and certified by TUV Rheinland to be in compliance with UL 60950-1: 2007 R10.14 and CAN/ CSA-C22.2 N0.60950-l-07+Al:2011+A2:2014 Information Technology Equipment safety standards. Axon Evidence Data Management System  Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed  SaaS model reduces security and administration by local IT staff: no local installation required  Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement  Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency’s domain of control  Controlled access to evidence based on pre-defined roles and permissions and pre- defined individuals  Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi-factor authentication support  Automated category-based evidence retention policies assists with efficient database management  Ability to recover deleted evidence within seven days of deletion  Stores and supports all major digital file types: .mpeg, .doc, .pdf, .jpeg, etc.  Requires NO proprietary file formats  Ability to upload files directly from the computer to Axon Evidence via an Internet browser  Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 256-bit AES encryption for data in storage  Security Testing: Independent security firms perform in-depth security and penetration testing  Reliability: Fault- and disaster-tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States Page 303 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 10  Chain-of-Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff  Protection: With no on-site application, critical evidence stored in Axon Evidence is protected from local malware that may penetrate agency infrastructure  Stability: Axon Enterprise is a publicly traded company with stable finances and funding, reducing concerns of loss of application support or commercial viability  Application and data protected by a CJIS and ISO 27001 compliant information security program  Dedicated information security department that protects Axon Evidence and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities  Redact videos easily within the system, create tags, markers and clips, search 7 fields in addition to 5 category-based fields, create cases for multiple evidence files Axon Evidence for Prosecutors  All the benefits of the standard Axon Evidence services  Ability to share information during the discovery process  Standard licenses available for free to prosecutors working with agencies already using Axon Evidence services  Unlimited storage for data collected by Axon cameras and Axon Capture Attorney Premier  All the benefits Axon Evidence for Prosecutors  Purpose-built user interface optimizes evidence management, review functionalities, and case relevant information  Unlimited AI transcription of playable video and audio files  Native image and PDF redaction software  Ability to natively play a wide variety of 3rd party video codecs (CCTV) and extract file into an MP4  Ability to obtain evidence directly from members of the community via secure web link  Unlimited storage and data collected and shared by Axon partner agencies via Axon Evidence (Evidence.com)  Available unlimited 3rd party data source storage plan  Pro Licenses – all users have access to pro license features, including the Redaction Studio, Transcription Assistant, and Multi-Cam, and Reporting functionalities  Transcription is Unlimited and automatic (i.e. all videos ingested into Attorney Premier are automatically transcribed)  Discovery module designed to optimize all aspects of discovery management Axon Capture Application  Free app for iOS and Android mobile devices  Allows users to capture videos, audio recordings, and photos and upload these files to their Axon Evidence account from the field  Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data Axon Commander Services  On-premises data management platform Page 304 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 11  Chain of custody reports with extensive audit trail  Automated workflows, access control, storage, and retention  Compatible with multiple file formats Axon View Application  Free app for iOS and Android mobile devices  Allows user to view the camera feed from a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 camera in real-time  Allows for playback of videos stored on a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 system  Allows adding meta-data to videos, such as: Category, Title, Case ID, and GPS data Axon Records  Continuously improving automated report writing by leveraging AI and ML on officer recorded video, photo, and audio from BWC, In-Car, Mobile App (Axon Capture), or other digital media  Collaborative report writing through instantly synced workspaces allowing officers to delegate information gathering on scene  Instant access to records allowing detectives to begin their investigation and records clerks to update information exchanges on things like missing people or stolen property as soon as possible  Complete leveraging of Axon Evidence sharing to allow fast, efficient, digital, and secure sharing of records and cases to DAs and Prosecutors  Robust API and SDK allows data to be easily ingested and pushed out to other systems—preventing data silos  Deep integration with Axon Evidence putting video at the heart of the record and automating the process of tagging and categorizing digital evidence stored in Axon Evidence  Automatic association of digital evidence to the record and incident through Axon Evidence integration  In context search of master indexes (people, vehicles, locations, charges)— promoting efficient report writing through prefilling of existing data which promotes clean and deduped data in the system  Quick views for users to track calls for service and reports in draft, ready for review, kicked back for further information, or submitted to Records for archiving.  Federal and State IBRS fields are captured and validated—ensuring the officer knows what fields to fill and what information needs to be captured  Intuitive validation ensures officers know what information to submit without being burdened by understanding the mapping of NIBRS to state or local crime codes  Ability to create custom forms and add custom fields to incident reports—allowing your agency to gather the information you find valuable  Software as a Service (SaaS) delivery model that allows agencies to write, manage, and share digital incident reports without local storage infrastructure or software needed  SaaS model reduces security and administration by local IT staff: no local installation required  Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement  Securely share records and cases with other agencies or prosecutors without Page 305 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 12 creating copies or requiring the data to leave your agency’s domain of control  Controlled access based on pre-defined users, groups, and permissions  Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi-factor authentication support  Security Testing: Independent security firms perform in-depth security and penetration testing  Reliability: Fault- and disaster-tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States  Chain-of-Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff Axon Standards  Internal affairs and professional standards reporting  Customizable information display, including custom forms  Customizable workflows and user groups  Automated alerts  Compatible with digital documents, photos, and videos  Connection with Transcription (beta)  Shared Index with evidence.com and Records  Data Warehouse allowing custom summary reports and integration into 3rd party analytic tools.  Workflow analytics to provide SLA on throughputs  Integration with the TASER 7 energy weapon for automatically pulling firing logs (alpha)  Available as an option for Axon Records  Automatically bundled with Officer Safety Plan 7+ Axon Professional Services  Dedicated implementation team  Project management and deployment best practices aid  Training and train-the-trainer sessions  Integration services with other systems Axon Auto-Transcribe  Transcribes audio to text, producing a time-synchronized transcript of incidents  Allows searches for keywords (e.g., names, and addresses)  Embedded time stamps when critical details were said and events occurred  Produce transcripts in substantially less time than with manual methods  Pull direct quotes and witness statements directly into reports Axon Support Engineer:  Dedicated Axon Regional/Resident Support Engineer Services  Quarterly onsite visits  Solution and Process Guidance custom to your agency  White-Glove RMA and TAP (if applicable) Service for devices  Monthly Product Usage Analysis  Resident Support Engineer also includes onsite product maintenance, Page 306 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 13 troubleshooting, and beta testing assistance Axon Respond for Dispatch (CAD)  Integration with Axon Respond for Devices (Axon Body 3) for location and/or live streaming in CAD.  Integration with TASER 7 CEW devices for enhanced situational awareness.  Native ESRI based mapping with ability to connect to ESRI online communities and your agency’s local ArcGIS data.  SaaS model reduces security and administration by local IT staff: no local installation  Robust API and SDK allows data to be easily ingested and pushed out to other systems -- preventing data silos.  Complete leveraging of Axon Evidence (evidence.com) sharing to allow fast, efficient, digital and secure sharing of data to DAs and Prosecutors.  Future versions/enhancements included with minimal down time and no need to purchase an upgrade to the latest version.  Native integration with Axon Records.  Reliability: Fault – and disaster – tolerant infrastructure in at least four redundant data centers in both the East and West regions of the United States.  Security Testing: Independent security firms perform in depth security and penetration testing.  Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement. Axon Investigate  Video analysis software  Compatible with video from cell phones, on-officer cameras, in-car camera systems, social media, and other sources  Oriented to investigators and prosecutors  Integration with Axon Evidence services  Automatically identify video file codecs, formats, hash values, and other metadata  Automatically determine the required codec necessary to play a wide variety of video formats  Play forwards/backwards and fast forward through almost any video file  Scrub forwards/backwards through almost any video file  Mark and auto export an unlimited number of tagged video frames  Create subclips from any readable media  Batch transcode files to standard file formats (including uncompressed, lossless h.264, wmv, and more)  Add filters to transcode workflow (including resize, deinterlace, pad, crop, blur, concatenate, etc.)  Provide enhancement capabilities, such as stabilization, brightness adjustments, and frame averaging  Produce dynamic frame analysis spreadsheets to xml documents  Validate results compared with hexadecimal analysis tools  Build and share workflows with other users  Transcode files directly to Avid Media Composer projects  Identify duplicate files in any folder based on md5 hash Page 307 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 14  Produce detailed written reports via interactive PDF with embedded video and image content within iNPUT-ACE  Extract I-frames  Decimate  Canvas Editor (picture-in-picture)  Add raw FFmpeg arguments  Perform four types of macroblock analysis o 4x4 prediction removed o 8x8 prediction removed o Color coded block types o Quantization parameter evaluation  Offered iNPUT-ACE Software (from Axon Enterprise)  Variable frame rate (VFR) lightboard designed to accurately calculate time and vehicle speed from any video surveillance camera. This feature is designed to eliminate common errors that might occur during calculations based on frame rate.  Camera match overlay tool that provides margin of error reports based on scanner, calibration, and resolution accuracy (e.g., a margin of error of +0.5 feet) for data collected from footage. Axon Justice  Productivity tool for prosecutors and defense attorneys  Streamlined evidence management  Unlimited Auto-Transcribe for audio and video  Discovery workflows, fully integrated with Axon Evidence services  Axon Evidence conversion and playback tools for third-party video, including body- worn, in-car, interview room, and CCTV video  Chain of custody reports with extensive audit trail  Free sharing with partners  Customer-defined data retention policies Axon Customer Support  Online and email-based support available 24/7  Human phone-based support available Monday–Friday 7:00 AM–5:00 PM MST; support is located in Scottsdale, AZ, USA  Library of webinars available 24/7  Remote-location troubleshooting Axon Brand Model Numbers 1. Axon Body 4 Cameras:  Axon Body 4 Camera Model: 100147  Axon Body 4 Flex POV Module Model: 100200 Page 308 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 15 2. Axon Body 3 Camera Model: 73202 3. Axon Flex 2 Cameras:  Axon Flex 2 Camera (online) Model: 11528  Axon Flex 2 Camera (offline) Model: 11529 4. Axon Flex 2 Controller Model: 11532 5. Axon Flex 2 USB Sync Cable Model: 11534 6. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48″ (1.2 m) 7. Axon Flex 2 Camera Mounts:  Oakley Flak Jacket Kit Model: 11544  Collar Mount Model: 11545  Oakley Clip Model: 11554  Epaulette Mount Model: 11546  Ballcap Mount Model: 11547  Ballistic Vest Mount Model: 11555 8. Universal Helmet Mount Model: 11548 9. Axon Air System with Axon Evidence (Evidence.com) 5-Year License Model: 12332 10. Axon Body 2 Camera Model: 74001 11. Axon Flex 2 Controller and Axon Body 2 Camera Mounts:  Z-Bracket, Men’s, Axon RapidLock Model: 74018  Z-Bracket, Women’s Axon RapidLock Model: 74019  Magnet, Flexible, Axon RapidLock Model: 74020  Magnet, Outerwear, Axon RapidLock Model: 74021  Small Pocket, 4″ (10.1 cm), Axon RapidLock Model: 74022  Large Pocket, 6″ (15.2 cm), Axon RapidLock Model: 74023  MOLLE Mount, Single, Axon RapidLock Model: 11507  MOLLE Mount, Double, Axon RapidLock Model: 11508  Belt Clip Mount, Axon RapidLock Model: 11509 12. Axon Fleet Camera  Axon Fleet 2 Front Camera: 71079  Axon Fleet 2 Front Camera Mount: 71080  Axon Fleet 2 Rear Camera: 71081  Axon Fleet 2 Rear Camera Controller: 71082  Axon Fleet 2 Rear Camera Controller Mount: 71083  Axon Fleet Battery System: 74024  Axon Fleet Bluetooth Dongle: 74027  Axon Fleet 3 Dual View Camera: 72000  Axon Fleet 3 Interior Camera: 72037  Axon Fleet Hub: 72010 13. Axon Signal Unit Model: 70112 Page 309 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 16 14. Axon Dock Models:  Axon Body 3 Dock – 8-Bay Model AX1026  Axon Body 3 Dock – 1-Bay Model AX1027  Power cord for Axon Body 3 6-Bay and Axon Body 2 6-Bay and 1-Bay Docks Model: 71019  Axon Dock – Individual Bay and Core for Axon Flex 2  Axon Dock – 6-Bay and Core for Axon Flex 2  Individual Bay for Axon Flex 2 Model: 11538  Core (compatible with all Individual Bays and 6-Bays) Model: 70027  Wall Mount Bracket Assembly for Axon Dock: 70033  Axon Dock – Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009  Axon Dock – 6-Bay and Core for Axon Body 2 and Axon Fleet Model 74008  Individual Bay for Axon Body 2 and Axon Fleet Model: 74011  Axon Signal Performance Power Magazine (SPPM) Model: 70116 Axon Brand Model Numbers 1. Axon Body 3 Camera Model: 73202 2. Axon Flex 2 Cameras:  Axon Flex 2 Camera (online) Model: 11528  Axon Flex 2 Camera (offline) Model: 11529 3. Axon Flex 2 Controller Model: 11532 4. Axon Flex 2 USB Sync Cable Model: 11534 5. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48″ (1.2 m) 6. Axon Flex 2 Camera Mounts:  Oakley Flak Jacket Kit Model: 11544  Collar Mount Model: 11545  Oakley Clip Model: 11554  Epaulette Mount Model: 11546  Ballcap Mount Model: 11547  Ballistic Vest Mount Model: 11555  Universal Helmet Mount Model: 11548 7. Axon Body 2 Camera Model: 74001 8. Axon Body 2 Camera Mounts:  Axon RapidLock Velcro Mount Model: 74054 9. Axon Flex 2 Controller and Axon Body 2 Camera Mounts:  Z-Bracket, Men’s, Axon RapidLock Model: 74018 Page 310 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 17  Z-Bracket, Women’s Axon RapidLock Model: 74019  Magnet, Flexible, Axon RapidLock Model: 74020  Magnet, Outerwear, Axon RapidLock Model: 74021  Small Pocket, 4″ (10.1 cm), Axon RapidLock Model: 74022  Large Pocket, 6″ (15.2 cm), Axon RapidLock Model: 74023  MOLLE Mount, Single, Axon RapidLock Model: 11507  MOLLE Mount, Double, Axon RapidLock Model: 11508  Belt Clip Mount, Axon RapidLock Model: 11509 10. Axon Air System with Axon Evidence (Evidence.com) 5-Year License Model: 12332 11. Axon Fleet 2 Camera  Axon Fleet 2 Front Camera: 71079  Axon Fleet 2 Front Camera Mount: 71080  Axon Fleet 2 Rear Camera: 71081  Axon Fleet 2 Rear Camera Controller: 71082  Axon Fleet 2 Rear Camera Controller Mount: 71083  Axon Fleet Battery System: 74024  Axon Fleet Bluetooth Dongle: 74027 12. Axon Signal Unit Model: 70112 13. Axon Dock Models:  Axon Dock – Individual Bay and Core for Axon Flex 2  Axon Dock – 6-Bay and Core for Axon Flex 2  Individual Bay for Axon Flex 2 Model: 11538  Core (compatible with all Individual Bays and 6-Bays) Model: 70027  Wall Mount Bracket Assembly for Axon Dock: 70033  Axon Dock – Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009  Axon Dock – 6-Bay and Core for Axon Body 2 and Axon Fleet Model 74008  Individual Bay for Axon Body 2 and Axon Fleet Model: 74011  Axon Dock – 1-Bay for Axon Body 3 Model: 71104  Axon Dock – 8-Bay for Axon Body 3 Model: 74210  Axon Dock – Individual Bay for Axon Body 4 Model: 100201  Axon Dock – Multi-Bay for Axon Body 4 Model: 100206 TASER 7 Warranties 1. Tactical Battery Pack Model 20041 2. TASER 7 Dock and Core Warranty Model: 20042 3. TASER 7 Single Bay Dock and Core Warranty Model: 20047 Axon Product Packages 1. Officer Safety Plan: Includes an X2 or X26P energy weapon, Axon camera and Dock upgrade, and Evidence.com license and storage. See your Sales Representative for further details and Model numbers. Page 311 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 18 2. Officer Safety Plan 7: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Dock, Axon Camera and Dock upgrade, Axon Evidence (Evidence.com) licenses and storage, Axon Respond, and Axon Records Core. 3. Officer Safety Plan 7 Plus: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Respond +, Axon Auto-Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, and Axon Signal Sidearm. 4. Officer Safety Plan 7 Plus Premium: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Respond +, Axon Auto-Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, Axon Signal Sidearm, Axon Auto-Transcribe, Axon VR Training, and unlimited first-party and unlimited third-party storage. 5. TASER 7 Basic: Pays for TASER 7 program in installments over 5 years including access to Axon Evidence services for energy weapon program management. 6. TASER 7 Certification: Pays for TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges and online training content. 7. TASER Certification Add-On: Allows the agency to pay an annual fee to receive an annual allotment of training cartridges, unlimited duty cartridges and online training content. 8. TASER 7 Certification with Virtual Reality (VR): Pays for the TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges, online training content, and VR training. 9. TASER 60: Pays for X2 and X26P energy weapons and Spare Products in installments over 5 years. 10. Unlimited Cartridge Plan: Allows the agency to pay an annual fee to receive annual training cartridges, unlimited duty cartridges and unlimited batteries for the X2 and X26P. 11. TASER 60 Unlimited: Pays for X2 and X26P energy weapons and Spare Products in installments over 5 years and receive unlimited cartridges and batteries. 12. TASER 7 Close Quarters Dock Plan: Pays for TASER 7 Close Quarters Plan over a 5- year period in installments including access to Evidence.com for energy weapon program management, rechargeable batteries, annual cartridge shipments, unlimited duty cartridges, and access to online training. 13. Officer Safety Plan 10: Includes a TASER 10 energy weapon, the TASER 10 certification bundle, Axon body camera with Technology Assurance Plan (TAP),1 Axon Evidence (Evidence.com), unlimited body camera and Axon Capture storage, Command Staff Pro license (1 per 100), Axon Signal Sidearm, Axon Standards, and Axon Respond. 14. Officer Safety Plan 10 Plus: Includes a TASER 10 energy weapon, the TASER 10 1 Axon Body 3 or Axon Body 4 & Axon Dock (for cameras) hardware purchased separately. Includes two Axon camera upgrades and one camera dock upgrade, which apply to 5-year contracts only. Page 312 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 19 certification bundle, Axon body camera with Technology Assurance Plan (TAP),1 Axon Evidence (Evidence.com), unlimited body camera and Axon Capture storage, Command Staff Pro license (1 per 100), Axon Signal Sidearm, Axon Standards, Axon Respond, Axon Respond+, Axon Performance, Axon Community Request, Axon Investigate, Redaction Assistant, auto-tagging with implementation, channel services (3), third-party video storage (100 GB), third-party video playback, and Axon Records. 15. Officer Safety Plan 10 Premium: Includes a TASER 10 energy weapon, the TASER 10 certification bundle, Axon body camera with Technology Assurance Plan (TAP),1 Axon Evidence (Evidence.com), unlimited body camera and Axon Capture storage, Command Staff Pro license (1 per 100), Axon Signal Sidearm, Axon Standards, Axon Respond, Axon Respond+, Axon Performance, Axon Community Request, Axon Investigate, Redaction Assistant, auto-tagging with implementation, channel services (unlimited), third-party video storage (100 GB), third-party video playback, Axon Records, Axon VR training, Axon Auto-Transcribe, and My90 by Axon. 16. TASER 10 Basic: Pays for the TASER 10 program in installments over 5 years including access to Axon Evidence services for energy weapon program management. 17. TASER 10 Certification: Pays for TASER 10 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges and online training content. 18. TASER 10 Certification with Virtual Reality (VR): Pays for the TASER 10 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges, online training content, and VR training. 19. Axon Core: Pays for the TASER 7 CQ, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, , and auto tagging. 20. Axon Core+: Pays for the TASER 7 energy weapon, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, , and auto tagging. 21. Corrections Officer Safety Plan: Includes a TASER 7 energy weapon, Axon Body 3 Camera, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage. 22. Corrections Post OSP: Includes one TASER 7 energy weapon for every two licenses, one Axon Body 3 Camera for every two licenses, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage for each license. Page 313 of 319 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 47.0 Page 20 SOLE AUTHORIZED DISTRIBUTOR FOR AXON BRAND CAMERAS AND TASER BRAND ENERGY WEAPON PRODUCTS SOLE AUTHORIZED REPAIR FACILITY FOR AXON BRAND CAMERAS AND TASER BRAND ENERGY WEAPON PRODUCTS Axon Enterprise, Inc. 17800 N. 85th Street, Scottsdale, AZ 85255 Phone: 800-978-2737 Fax: 480-991-0791 Axon Enterprise, Inc. 17800 N. 85th Street, Scottsdale, AZ 85255 Phone: 800-978-2737 Fax: 480-991-0791 Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions. Sincerely, Josh Isner Chief Operating Officer Axon Enterprise, Inc. Non-Axon trademarks are property of their respective owners. The Delta Logo, the Axon + Delta Logo, Axon, Axon Fleet, Axon Respond, Axon Citizen, Axon Evidence, Axon Flex, Axon Interview, Axon Records, Axon Respond, X2, X26P, TASER 7, TASER 10, TASER, and the Lightning Bolt in Circle Logo are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. © 2023 Axon Enterprise, Inc. Page 314 of 319 FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM The goal of this document is to augment the CJIS Security Policy to ensure adequate security is provided for criminal justice systems while ( 1) under the control or management of a private entity or (2) connectivity to FBI CJIS Systems has been provided to a private entity (contractor). Adequate security is defined in Office of Management and Budget Circular A- 130 as "security commensurate with the risk and magnitude of harm resulting from the loss, misuse, or unauthorized access to or modification of information." The intent of this Security Addendum is to require that the Contractor maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy in effect when the contract is executed), as well as with policies and standards established by the Criminal Justice Information Services (CllS) Advisory Policy Board (APB). This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adequate internal controls within the contractual relationship so that the security and integrity of the FBI's information resources are not compromised. The security program shall include consideration of personnel security, site security, system security, and data security, and technical security. The provisions of this Security Addendum apply to all personnel, systems, networks and support facilities supporting and/or acting on behalf of the government agency. 1.00 Definitions 1.01 Contracting Government Agency (CGA) -the government agency, whether a Criminal Justice Agency or a Noncriminal Justice Agency, which enters into an agreement with a private contractor subject to this Security Addendum. ' 1.02 Contractor -a private business, organization or individual which has entered into an agreement for the administration of criminal justice with a Criminal Justice Agency or a Noncriminal Justice Agency. 2.00 Responsibilities of the Contracting Government Agency. 2.01 The CGA will ensure that each Contractor employee receives a copy of the Security Addendum and the CJIS Security Policy and executes an acknowledgment of such receipt and the contents of the Security Addendum. The signed acknowledgments shall remain in the possession of the CGA and available for audit purposes. The acknowledgement may be signed by hand or via digital signature (see glossary for definition of digital signature). 3.00 Responsibilities of the Contractor. 3.01 The Contractor will maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy in effect when the contract is executed and all subsequent versions), as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). 4.00 Security Violations. 12/20/2023 CJISSECPOL v5.9.4 H-6 Page 315 of 319 4.01 The CGA must report security violations to the CJIS Systems Officer (CSO) and the Director, FBI, along with indications of actions taken by the CGA and Contractor. 4.02 Security violations can justify termination of the appended agreement. 4.03 Upon notification, the FBI reserves the right to: a. Investigate or decline to investigate any report of unauthorized use; b. Suspend or terminate access and services, including telecommunications links. The FBI will provide the CSO with timely written notice of the suspension. Access and services will be reinstated only after satisfactory assurances have been provided to the FBI by the CGA and Contractor. Upon termination, the Contractor's records containing CHRI must be deleted or returned to the CGA. 5.00 Audit 5.01 The FBI is authorized to perform a final audit of the Contractor's systems after termination of the Security Addendum. 6.00 Scope and Authority 6.01 This Security Addendum does not confer, grant, or authorize any rights, privileges, or obligations on any persons other than the Contractor, CGA, CJA (where applicable), CSA, and FBI. 6.02 The following documents are incorporated by reference and made part of this agreement: (1) the Security Addendum; (2) the NCIC 2000 Operating Manual; (3) the CJIS Security Policy; and ( 4) Title 28, Code of Federal Regulations, Part 20. The parties are also subject to applicable federal and state laws and regulations. 6.03 The terms set forth in this document do not constitute the sole understanding by and between the parties hereto; rather they augment the provisions of the CJIS Security Policy to provide a minimum basis for the security of the system and contained information and it is understood that there may be terms and conditions of the appended Agreement which impose more stringent requirements upon the Contractor. 6.04 This Security Addendum may only be modified by the FBI, and may not be modified by the parties to the appended Agreement without the consent of the FBI. 6.05 All notices and correspondence shall be forwarded by First Class mail to: Information Security Officer Criminal Justice Information Services Division, FBI 1000 Custer Hollow Road Clarksburg, West Virginia 26306 12/20/2023 CJISSECPOL v5.9.4 H-7 Page 316 of 319 FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM CERTIFICATION I hereby certify that I am familiar with the contents of (1) the Security Addendum, including its legal authority and purpose; (2) the NCIC Operating Manual; (3) the CJIS Security Policy; and ( 4) Title 28, Code of Federal Regulations, Part 20, and agree to be bound by their prov1s10ns. I recognize that criminal history record information and related data, by its very nature, is sensitive and has potential for great harm if misused. I acknowledge that access to criminal history record information and related data is therefore limited to the purpose(s) for which a government agency has entered into the contract incorporating this Security Addendum. I understand that misuse of the system by, among other things: accessing it without authorization; accessing it by exceeding authorization; accessing it for an improper purpose; using, disseminating or re-disseminating information received as a result of this contract for a purpose other than that envisioned by the contract, may subject me to administrative and criminal penalties. I understand that accessing the system for an appropriate purpose and then using, disseminating or re-disseminating the information received for another purpose other than execution of the contract also constitutes misuse. I further understand that the occurrence of misuse does not depend upon whether or not I receive additional compensation for such authorized activity. Such exposure for misuse includes, but is not limited to, suspension or loss of employment and prosecution for state and federal crimes. Printed Name/Signature of Contractor Employee Benjamin Hagen Printed Name/Signature of Contractor Representative Axon Enterprise, Inc. / Chief Information Security Officer Organization and Title of Contractor Representative 12/20/2023 CJISSECPOL v5.9.4 Date Date H-8 Page 317 of 319 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 3/1/2026 Amendment Amount End Date 3/1/2030 Amended Contract Amount Total Term in Years 5.00 Vendor Contact Information: Name Contact Address Phone Email Scottsdale AZ City State Zip Code Contract Type: Please select from the drop down list Descripiton of Contract Work/Services Procurement Justification of Contract Work/Services Budget Authorization of Contract Work/Services Axon Enterprises Inc. 17800 N 85th Street PSA-Professional Services Agreement Terms are $360,703 for 2026, $360,703.35 for 2027, 2028, 2029 and 2030. The original contract amount was $1,667,110, but revisions after the CIP process increased $136,406. Finance will be requesting a budget supplement in January of 2026 to cover the increase. This will be the first annual payment of five installments and we will be requesting the funding from the CIP for the next 4 years. $ 1,803,516 303-762-2460Dave Jackson Djackson@Englewoodco.govPolice Chief City of Englewood, Colorado CONTRACT APPROVAL SUMMARY This PSA describes AXON Enterprise providing the City of Englewood body worn cameras, in car cameras, all associated hardware and software to operate the system. This oncludes all training and "train the trainer" for all associated software and hardware and storage on evidence.com. This is an optimal source justification purchase. The letter from AXON is attached. The PD currently uses Motorola Watchguard for bodycams and they have not risen to expectations. AXON is the only vendor that can provide for the needs of the Department. This was approved as a Capitol Improvement Project in the 2026 budget. Renewal options available 5 year contract 85255 Payment terms (please describe terms or attached schedule if based on deliverables) 480-905-2060 dgollobit@axon.com David Gollobit Page 318 of 319 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Source of Funds: CAPITAL ONLY Item A B C D 1=A-B-C-D Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description YES / NO Budget Date (Outstanding PO)Amount Remaining C 2026 31 1101 61201 YES 333,422$ -$ -$ 360,703$ (27,281)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Current Year 333,422$ -$ -$ 360,703$ (27,281)$ c 2027 360,703$ -$ 360,703$ -$ c 2028 360,703$ -$ -$ 360,703$ -$ c 2029 360,703$ -$ -$ 360,703$ -$ c 2030 360,703$ -$ -$ 360,703$ -$ -$ -$ -$ -$ -$ Total - Year Two 1,442,812$ -$ -$ 1,442,812$ -$ GRAND TOTAL 1,776,234$ -$ -$ 1,803,515$ (27,281)$ Process for Choosing Contractor: Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: PLEASE NOTE: City Council Approval Required for the following: - Budgeted Contracts or Agreements greater than $250,000 - Non-Budgeted Contracts or Agreements greater than $125,000 Solicitation Name and Number: As noted above, this original contract when presented for CIP approval was $333,422 per year for five years. Since the process began the annual payment increased to $360,703. Finance will be requesting a budget supplement in January of 2026 to cover the $27,281 difference. In addition, the optimal source justification has been attached. Police Body and Patrol car dash camera Solicitation Evaluation Summary/Bid Tabulation Attached Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 319 of 319