NPSS1 LAAA 2019-206_Exhibit A_Statement of Work.pdf

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Attached to
Statewide Crime Victim Training for Law Enforcement
Solicitation number
NPSS1 LAAA 2019000206 1
Issued by
Denver County, Denver City, Colorado

About this file

This is a Statement of Work (Exhibit A) for a training grant contract between the State of Colorado Department of Law (DOL) and a law enforcement training contractor through the Office of Peace Officer Standards and Training (POST). The contract involves the delivery of law enforcement training courses to peace officers within Colorado, with work detailed in Exhibits B and C to be completed by the contract termination date. The responsible administrator for the contract is Nancy Lewis or a designated POST-approved replacement. The contractor must notify POST immediately of any changes to key personnel and obtain POST approval before making substitutions, with the State retaining the right to suspend work until replacement approval is granted. Training courses and instructors (except out-of-state training) require POST review and course code assignment prior to the start date, with POST bearing no liability for reimbursement of unreviewed courses.

The maximum contract value is $33,282.00, with the contractor authorized to adjust individual budget line items within a single training course without approval provided administrative costs remain unchanged and cumulative changes do not exceed 10 percent of the total budgeted line item amount. Reimbursement requests must be submitted quarterly, within 60 days of training or purchase dates, and no later than June 30th, accompanied by 100 percent supporting documentation, POST-approved attendance rosters, and completed reimbursement forms. The contractor must maintain segregated accounts, comply with procurement procedures, limit agency enrollment to four seats or 20 percent of class size (whichever is greater) until two weeks before training, and advertise classes according to specified timelines favoring regional law enforcement initially. The contractor is required to submit quarterly progress and financial reports, maintain equipment inventory records, and notify POST of unexpended balances by March 31, 2020. Eligible training recipients are current peace officer employees of Colorado law enforcement agencies; civilian, federal, and military personnel may enroll only in extra available seats without displacing peace officers. Several law enforcement agencies are suspended from POST-funded training eligibility through December 31, 2019, and the contractor is responsible for ensuring suspended agencies do not benefit from the contract funds.

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Exhibit A1

EXHIBIT A - STATEMENT OF WORK

All terms not defined in this Exhibit A shall be the meaning given in the main body of the Contract Agreement.

1. PROJECT DESCRIPTION

1.1 Work. Exhibits B and C detail the Work to be performed by Contractee throughout the term of this Contract. Contractee agrees to complete the Work identified in Exhibits B and

C by the Contract termination date specified in the Contact.

2. PERSONNEL

2.1 Replacement. Contractee shall immediately notify POST if the Responsible

Administrator specified in §2.2 ceases to serve. Provided there is a good-faith reason for the change, if Contractee wishes to replace its key personnel, it shall notify POST and seek its approval, which shall be at POST’s sole discretion as the State issued this

Contract in part reliance on Contractee’s representation regarding key personnel. Such notice shall specify why the change is necessary, who the proposed replacement is, what their qualifications are, and when the change will take effect. Anytime key personnel cease to serve, the State, in its sole discretion may direct Contractee to suspend work on the Project until such time as their replacement is approved.

2.2 Responsible Administrator. Contractee’s performance hereunder shall be under the direct supervision of Nancy Lewis or another employee or agent of the Contractee, as designated in writing by the DOL as the responsible administrator of this Project.

3. BUDGET

3.1 Budget. The maximum amount payable under this Contract to Contractee by the State is $33,282.00.

3.2 Budget Flexibility. Contractee may adjust individual budget line item expenditure amounts within an indiviudal training course without approval of POST, provided that, there is no increase to the administrative line items, and the cummulative budgetary line item changes do not exceed ten percent (10%) of the total budgeted amount of the line item. All other budgetary modifications shall require POST approval in accordance with the Modification subsection of the General Provisions of this Contract. The request must be approved by POST before deviating from the current approved budget and scope of work. Requests that are not pre-approved may not be reimburseable.

4. PAYMENT

4.1 Payment. Contractee shall submit a request for reimbursement at a minimum on a calendar quarter basis. All invoices must be submitted within 60 days of the training or purchase date and no later than June 30th to be eligible for payment. All requests shall be for eligible expenses, as described in detail in Exhibit B.

Requests shall be made using the Grant Management System and be accompanied by supporting documentation equal to 100% of the reimbursement request, a POST-approved

Student Attendance Roster or Certificate of Completion, and a completed reimbursement form.

4.2 Final Payment. The final contract payment request must be requested no later than

June 30th and shall include only actual expenses incurred prior to June 30th. Payment for training can only be approved for actual services received or performed and completed by

June 30th.

4.3 Electronic Fund Transfer. Payments will be remitted by electronic fund transfer.

Exhibit A2

5. ADMINISTRATIVE REQUIREMENTS

5.1 Accounting. Contractee must maintain properly segregated accounts of POST contract funds and other funds associated with the Work and make those records available to the

State upon request. Contractee must have a system that classifies all revenues and expenditures by funding source. The accounting system must have an adequate method of internal controls to safeguard the funds. Expenditures must be tracked and reconciled with the general ledger.

5.2 Procurement. The Contractee agrees to have procurement procedures and will document its procurement procedures and maintain the documentation in the contract records when applicable.

5.3 Allowable Program Costs. Expenditures shall be in accordance with the approved budget detailed in Exhibit B and Sections 5-9 of the POST Law Enforcement Training

Grant Program Guidelines.

5.4 Class Announcement /Enrollment Management. Contractee agrees to advertise the class 60 days out within their training region (available first 30 days to LE within training region), 30 days out to agencies outside of the region (available day 30-45 to LE outside the training region), and at day 15, open enrollment to everyone (available day 45 to 60 for open enrollment). Contractee agrees to limit enrollment for training, including the host agency, to four (4) seats, or 20% of the class size (whichever is greater) for each agency within the Region, until two (2) weeks prior to the start of training. The exception to this is when a course is held at a venue that can accommodate a large number of attendees or there are plenty of open seats.

5.5 Audits. Contractee is required to submit to DOL any audit performed for any fiscal year covering a portion of the term of this Contracto or any other grants/contracts with DOL.

Such audits include but are not limited to a financial-statement audit or single audit in accordance with the Office of Management and Budget’s (OMB) A-133 is required when non-federal entities expend $500,000 or more in federal awards in the entity’s fiscal year.

Contractee shall insure that audits required are performed and submitted to POST within

6 months of Contractee’s fiscal year-end. The final audit report shall be sent to:

Department of Law

Criminal Justice Section, POST

Attention: Kimberly Hernandez, Grant Manager

1300 Broadway, 9th Floor

Denver, CO 80203

5.6 Reporting. Contractee shall submit the following reports, and any other reports requested by POST using the State-provided reporting forms by their due date. A report must be submitted for every calendar quarter, including partial calendar quarters, as well as for periods where no contract activity occurs. Future awards and fund draw-downs may be withheld if these reports are delinquent.

Report Period Report Type Due Date

July 1st-September 30th Progress and Financial October 7th

October 1st- December 31st Progress and Financial January 7th

January 1st –March 31st Progress and Financial April 7th

July 1st – June 30th Equipment Inventory June 30th

April 1st-June 30th Final Progress and Final

Financial

July 7th

Exhibit A3

5.7 Reporting of Unexpended Funds. Contractee shall inform POST in writing, no later than March 31, 2020 of the status of any potential unexpended balance (cost savings).

Conractees failure to notify POST of any unexpended balance may result in the reduction or termination of future awards.

5.8 Monitoring. The State shall monitor this Contract through review of submitted reports and other documents as necessary, or may also conduct on-site monitoring of the

Contractee to determine whether performance goals, administrative standards, financial management and other requirements of the Contract have been met.

5.9 Mandatory Attendance. Contractee attendance at webinars and trainings conducted by POST to enhance the administration of the Contract program is required. Contractee will be notified of all such trainings at least 30 days in advance and shall be reimbursed by POST for per diem and lodging.

5.10 POST Acknowledgement. Contractees are encouraged to make the results and accomplishments of their project activities available to the public. All materials published or resulting from award activities, including videos must contain an acknowledgement of

POST support.

5.11 Publications. The contract recipient agrees that any publications, whether written, visual or audio, but excluding press releases, newsletters and issue analysis, issued by the Contractee describing training funded in whole or part shall contain the following statement: “This training was supported by a contract from the State of Colorado Office of Peace Officer Standards and Training”.

5.12 Curriculum and Instructor Review. Training courses (except for out of state training) and instructors funded by the POST Region Grant Program must be reviewed by POST and assigned a course number prior to the course start date. POST is not liable to reimburse the Contractee for classes that have not been reviewed or assigned a course code number prior to the training. Instructor programs require POST-Board

Subject Matter Expert (SME) Committee approval.

5.13 Eligible Training Recipients. POST training region funds are for peace officers who are current employees of law enforcement agencies within the State of Colorado. Civilian employees, civilian employees of law enforcement agencies, federal employees or military personnel may enroll in these courses only if there are extra spaces available and no peace officers are displaced or wait listed. Civilian, federal and military personnel may not be provided POST funds for scholarships, nor may funds be used to provide refreshments or class supplies. If personnel attending classes are not peace officers the

Training Region is responsible to identify those names on the attendance roster prior to submitting the roster to POST. Contractees may not include civilian, military or military personnel in their reporting numbers to POST or include them in the number of students attending in the grant management data base.

5.14 Ineligible Training Recipients: Law enforcement agencies who are suspended from receiving or attending any POST funded training may not benefit from POST-funded classes. The suspension remains in affect until December 31, 2019. The Contractor is responsible to ensure officers from these agencies are not the recipients of POST-funded training. POST is not liable to reimburse the Contractee for personnel attending classes from law enforcement agencies who are suspended from receiving or attending POST-funded training. The following law enforcement agencies are suspended from receiving or attending any POST funded training until December 31, 2019:

Central Mountain

Training Region

Greater Metro Training

Region

I-70 West Training Region

Exhibit A4

Park County Sheriff’s

Office

Kiowa Police Dept. Lake County Sheriff’s Office

San Luis Valley

Training Region

Southeast Training

Region

Statewide

Manassa Police Dept. Baca County Sheriff’s Office Parole – Dept. of Corrections

Fowler Police Dept.

Springfield Police Dept.

5.15 Retention of Records. All contract records must be retained for three (3) years after the end of the state fiscal year that includes the end date of the contract. For example, if the contract ended 6/30/2018, the state fiscal year would be July 1, 2017 to June 30, 2018.

The files could be destroyed after June 30, 2021. If an audit is in progress and/or the findings of a completed audit have not been resolved satisfactorily, then records must be retained beyond the three-year period until such issues are resolved.

5.16 Contract Records. Contract records include all financial records, supporting documentation, statistical records, and all other records pertinent to the contract. These include books of original entry, source documents supporting accounting transactions, the general ledger, subsidiary ledgers, personnel and payroll records, consultant/volunteer time and activity reports, canceled checks, related documents and records.

5.17 Conflict of Interest. In addition to any other applicable laws, the provisions of this section shall apply to all POST contract agreements:

The following individuals shall not solicit or accept, directly or indirectly, any personal benefit or promise of a benefit from the contact recipient or a person negotiating, doing business with, or planning, within the individual’s knowledge, to negotiate or do business with the contracting agency:

A member, or any other person or entity under contract with any governmental body that exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, including but not limited to any employee of the contracting agency or any person serving as the monitor of a personal services contract or a member of the immediate family of any individual described above.

No individual described in paragraph (2) of this subsection shall use his or her position, influence, or information concerning such negotiations, business, or plans to benefit him or herself or another.

A contract recipient shall agree that at the time of contracting the contract recipient has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the contract recipient’s services. The contract recipient shall further covenant that, in the performance of the contract, the contract recipient shall not employ persons having any such known interests.

5.18 Insurance. Contractee shall obtain and maintain insurance as specified in the contract agreement at all times during the term of the contract.

5.19 Revision to Guidelines. In response to new state regulations, or to changing circumstances among law enforcement training community or to resources available to

Exhibit A5 peace officers, it may, from time to time, be necessary to change the POST Region Grant

Program Guidelines. Changes impacting contract recipients will be communicated prior to their implementation and will only be implemented at the beginning of a grant cycle.

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