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Home My WebLink About20120355.tiff RESOLUTION RE: APPROVE GRANT CONTINUATION APPLICATION FOR JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Grant Continuation Application for the Juvenile Diversion Program from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office,to the Colorado Division of Criminal Justice, commencing July 1, 2012, and ending June 30, 2012,with further terms and conditions being as stated in said application, and WHEREAS, after review, the Board deems it advisable to approve said grant continuation application, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Grant Continuation Application for the Juvenile Diversion Program from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, to the Colorado Division of Criminal Justice be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of February, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Sean P. Conway, Chair c Weld County Clerk to the Board oft EXCUSED I A � ]E Le William F. Garcia, Pr Tem BY: Deputy rk to the Boar j4 ` I iaai ""VW =a •- a Kirkmeye III��llt ,,,,,� APPROVED AS TO FORM: i1/4C. �3, C ®�wi avid E. Long. E9(5) , air ounty ttorney 2v ai Dougla Riadema er Date of signature: .3- o ri 7 At) kviS\a 3 - I a Cc 2012-0355 3- t- I a DA0023 COLORADO DIVISION OF CRIMINAL JUSTICE D STATE JUVENILE DIVERSION PROGRAM FUNDS - CONTINUATION APPLICATION - SECTION I - APPLICANT INFORMATION STATE USE ONLY App#: I Grant#: I Award: APPLICANT AGENCY: Weld County District Attorney's Office Address PO Box 1167 City, ZIP Greeley,CO 80632 Project Director Kirsta Britton E-mail kbrittont2i/co.weld.co.us Telephone 970-356-4010 ext. 4775 FAX 970-392-4572 Federal Employer ID Number 8 4 6 0 0 0 8 1 3 Has applicant agency registered with the CENTRAL CONTRACTOR REGISTRATION(CCR) DUNS NUMBER 0 7 5 7 5 7 9 5 5 database? X Yes(CCR attached) ❑No IMPLEMENTING N/A AGENCY: Contact Email Address City, ZIP Telephone FAX YEAR 2 STATE FUNDS REQUESTED: $ 64,674 TOTAL MATCH:$21,558 TOTAL: $86,231 YEAR 3 STATE FUNDS REQUESTED: $ 67,880 TOTAL MATCH:$22,626 TOTAL: $90,506 TYPE OF AGENCY: (check one) ['State ['City/Town XCounty ['Indian Tribe ['Private Non-Profit ❑Faith-Based Non-Profit O Other FUNCTION OF ❑ Law Enforcement ❑ Probation XProsecution AGENCY: ❑ Courts ❑ Social Services ❑ Youth Services ❑ Public Defense ❑ Education ❑ Treatment/Mental Health ❑ Treatment/Substance Abuse ❑ Other Describe: TYPE OF APPLICATION Continuation: X Continue a project currently receiving State funds ❑ Expand/enhance an existing project receiving State funds LIST UP TO THREE YEARS OF PRIOR STATE FUNDING IN THE TABLE BELOW. GRANT NUMBER STATE FUNDS DURATION 12-DV-19-05 $63,140 7/1/2011-6/30-2012 11-DV-19-05 $57,225 7/1/2010-6/30/2011 10-DV-19-05 $57,085 7/1/2009-6/30/2010 PROJECT TITLE: 19th Judicial District,Weld County Juvenile Diversion Program PROJECT DURATION: From 7/1/2012 To 6/30/2013 PROJECT ABSTRACT(Limit to space provided): The Weld County District Attorney's Juvenile Diversion Program works to divert first-time, non-violent juvenile offenders from the traditional court system into a restorative based program to address the juvenile's needs and community safety; repairing the harm caused and encouraging their future endeavors. PROJECT WILL BE USING EVIDENCE-BASED PROGRAMS OR ACTIVITIES: XYes DNo If yes, provide the NAME and SOURCE where program information can be found: Restorative Justice—OJJDP Model Program State Juvenile Diversion Continuation Application 12-11 - I - SERVICE AREA: U. S. Congressional District(s): ❑1 ❑2 ❑3 X4 ❑5 ❑6 ❑7 ❑Statewide Judicial District(s)(Identify by District Number): 19th Judicial District Cities and Counties to be served: Weld County, including Greeley, Evans, Windsor, Fort Lupton,etc IS THE JURISDICTION(S) TO BE SERVED IN COMPLIANCE WITH THE DCJ USE ONLY-Jurisdiction JJDP ACT? XVes ❑No ❑ No, but working with DCJ Compliance Monitor. Compliant with JJDP Act? State Juvenile Diversion Continuation Application 12-11 -2 - SECTION II - CONTINUATION APPLICATION PROGRAM INFORMATION 1. PROJECT DESCRIPTION (Limit 3 pages) Describe the project to be implemented in this proposal. At a minimum address: A). The Weld County District Attorney's Office Juvenile Diversion Program seeks to match first time offenders with the appropriate level of services upon their first contact with law enforcement. The program philosophy is that providing the proper services as soon as possible will best address a juveniles needs and therefore, be a preventative measure in eliminating future law violations. Through understanding the juvenile and the communities' needs, not all juveniles are appropriate for the low level of supervision that Diversion provides; therefore, the program does not accept all juveniles referred to the program. The juveniles who complete the program are exposed to restorative justice principles. Though resources prohibit all juveniles from participating in a formal Restorative Justice program, diversion sanctions strive to repair the harm done to the juveniles' community, including their school, neighborhood, trust with parents or guardians and the victim. B.) Once a referral is made by the Deputy District Attorney at the pre-filing phase, the Director will do a thorough file review to insure that there have been no past law violations. Upon intake of appropriate juveniles, criteria for acceptance includes the juvenile's level of responsibility for their behavior, issues with the juvenile that prevent the diversion program from being the appropriate agency to address their needs, level of parental involvement, attitude and an absence of active gang affiliation. In addition,juveniles can be referred to the diversion program for a modified unsupervised sentence if it is their first law violation and it is a non-violent offense. The juvenile has been adjudicated a delinquent in court and is sentenced to comply with sanctions of the court, monitored by the diversion program. C.) The diversion program will accept juveniles who have committed an offense while they were between the ages of 10-17. The diversion program will not accept juveniles with a violent criminal offense to ensure that victims' rights are properly addressed. Most cases referred to diversion are misdemeanor cases, but felony offenses are addressed when the circumstances are appropriate. D.)Treatment and supervision plans are designed on a case by case basis for pre-adjudicated diversion cases. The program recognizes that all juveniles' issues cannot be addressed with a single solution. A thorough interview with the juvenile and the parent occurs; with all parties providing input on what they feel could best address the juvenile's unique situation. Sanctions are based on information that arises from the interviews, background checks and the offense that has occurred. Juveniles with substance abuse involvement are referred to a treatment agency for a substance abuse evaluation and are required to comply with the recommendations of that evaluation, as well as to provide random urinalysis testing, provided by an outside agency. Juveniles with mental health needs are required to meet with an outside therapist or counselor and attend sessions as deemed necessary by the clinician. The program will refer to local therapists or counseling agencies when appropriate, such as when the family does not have insurance or has insurance coverage that does not dictate the provider. Additional programming such as anger management, parenting classes, mentoring, tutoring, or life skills education is assigned when appropriate. The juvenile is referred to outside collaborative agencies to complete those requirements. The program coordinates a monthly Restorative Justice Group Conference for those who have been contacted for a shoplifting offense. The conference is facilitated by volunteers at a neutral site on a Saturday morning. Restorative justice conferences are facilitated for other offenses, if the State Juvenile Diversion Continuation Application 12-11 -3 - victim and offender are appropriate for such a conference and if resources permit. If a restorative justice conference is not required, program participants are required to write a letter of apology if appropriate or encouraged to perform community service for the victim or at the site where the offense occurred if appropriate. E.) If a juvenile commits a new law violation while in the Diversion Program, the juvenile will go to court for the offense being addressed by diversion, as well as for the new offense. Based on the admission of guilt for the original offense, the juvenile will enter a guilty plea for the offense previously addressed by the pre-adjudicated diversion program. Juveniles who are sentenced to diversion post adjudication will have the original sentence revoked based on a motion filed by the Director and Deputy District Attorney. F.) Juveniles will successfully complete the program once written verification of all assigned sanctions occurs within the assigned time period. Juveniles in the pre-adjudication diversion program are initially given 90 days to complete all sanctions. At the end of this time period, a thorough file review is conducted to insure that the juvenile remains law abiding and is engaged in school. At this time, supervision is terminated if appropriate. Supervision may be extended at the parents' request, either for more time to complete assigned tasks or because the parent feels that the juvenile could benefit from further supervision. Once the case is terminated from supervision, the charges are dropped and no further legal action can occur. For those sentenced post adjudication, the case will be closed successfully. If the juvenile has not completed tasks as agreed upon, program staff will work with the family to determine if further time or assistance is needed or if the juvenile would be best served by appearing before the magistrate judge and being sentenced to probation. If the juvenile does not respond and does not complete sanctions, the Director will turn the case over to the Deputy District Attorney with a request to file charges on the juvenile. The Deputy District Attorney will file charges in court, closing the Diversion case unsuccessfully. For juveniles sentenced to Diversion post adjudication, a motion to revoke their diversion sentence is filed. The juvenile will then be given a sentence of probation based on their offense. State Juvenile Diversion Continuation Application 12-11 -4- 2. POPULATION TO BE SERVED (Limit 1/2 page) Number of Juveniles Targeted to be Served White Black Hispanic Asian/Pacific Native Other/ Total Islander American Unknown Males 20 45 15 80+/- Females 20 35 15 70+/- Total 40 80 30 150 Percent of Total to be Served with Limited English Proficiency: 25 Age Range of Target Population: 10-17 Based on the demographic data from the five years since the implementation of the Diversion Program, the gender and ethnic backgrounds of the participants have remained stable and consistent with the demographics from the Colorado Department of Education (CDE) specific to Weld County. CDE data indicates that 58% of the Greeley-Evans School District 6 is comprised of minority students. Greeley and Evans are the largest referral sources for the Diversion Program, and the ethnic representation seen in the schools is also seen in program make up. Juveniles who commit a criminal offense while between the ages of 10-17 will be eligible. Historically, more males than females have been served, but this difference in gender is slight and is based on the number of cases representing each gender referred to the program versus any programmatic difference. Spanish speaking staff are available within the office for phone calls at all times and are available for appoints on a pre-scheduled basis. Training regarding cultural sensitivity is provided by Weld County and has been attended. State Juvenile Diversion Continuation Application 12-11 -5 - 3. PROGRESS ON GOAL ANS OBJECTIVES/PROJECT PLAN (Limit 3 pages) Goal 1: Reduce the number of juvenile delinquency filings/cases by successfully diverting 100 juveniles from the traditional juvenile justice system. Objective 1.1: Assess and interview juveniles referred to Diversion, deliver appropriate sanctions, and provide case management for Diversion clients. Outcome/Measurement: Timeframe: Of the juveniles served,95%will successfully Successful completion rates will be calculated complete the Diversion program. quarterly. Of the juveniles who have successfully completed Recidivism rates will be calculated quarterly. the Diversion program, 95%will avoid a future offense within 6 months after completion. All information about clients is maintained on an Excel spreadsheet is updated and maintained Excel spreadsheet with information specifically daily. regarding status of completion and re-offense info. Objective 1.2: Provide Restorative Justice Programming as a Diversion sanction when appropriate. Outcome/Measurement: Timeframe: Through use of volunteers, 20-30 juveniles will Juveniles will participate in a conference within 90 participate in a Restorative Justice Shoplifting days of signing their Diversion agreement. Conference per year. Of the juveniles referred to the shoplifting Conferences will be held quarterly. After the class is conference, 95%will successfully complete the completed, it will be determined who completed the conference as indicated in their agreement. class and what will occur if juveniles did not complete. Progress toward Goal 1 and associated Objectives: A. The project has diverted at least 100 juveniles every year that state funding has supported the program, and is on track to do so again in the first year of the current three year grant cycle. The year with the most recent completion data is 2010. In 2010, 100% of juveniles who completed the program did so successfully, indicating that the right level of service was provided at the time of first offense. The second measurement tool is that 95% of juveniles won't reoffend within 6 months of completion of the program. In 2010, 97% of juveniles didn't reoffend within 6 months of successful completion of the program. All information is tracked and maintained in the Diversion Excel spreadsheet and updated regularly. Restorative Justice Programming is being used when appropriate. B. As identified in previous quarterly reports, a low number of juveniles completed the Restorative Justice shoplifting conference that is offered as a part of the Weld County Diversion Program, in the past year. This was caused by a combination of factors, including a high number of monolingual Spanish speaking parents and unfortunately, the one volunteer that facilitates these conferences is not Spanish speaking. Ideally, we would have a Spanish speaking facilitator but, as is, there are very few resources for Restorative Justice. Additionally, in 2011, a high number of juveniles completing the Diversion program for a shoplifting offense were very young. Juveniles below a certain age (we generally use 13 as a cutoff point) aren't developmentally able to grasp some of the very abstract concepts of restorative justice and the conference then has less of an impact on them. Pre-conferencing is used to help determine if a juvenile would be able to understand the conference and if not, they aren't referred. This seemed to be a large number of juveniles in the past year and therefore, fewer juveniles completed the conference. C. In order to determine success of the juveniles, the CDAC Action Viewer program is used to search for any further offenses. This tool is used during the diversion program, at termination, 6 months and one year after completion. If new law violations have occurred, it is notated in the Excel database maintained by the Director. The numbers indicate that the juveniles that complete the program do so successfully and remain successfully law abiding after completion as well. State Juvenile Diversion Continuation Application 12-I Goal 2: Decrease probation caseloads by 50 juveniles per year by monitoring compliance with Court Orders of low-level adjudicated offenders. Objective 2.1: Collaborate with the Probation Department to determine appropriate cases to be monitored by Diversion. Outcome/Measurement: Timeframe: Complete basic intake with appropriate candidates The Court will provide a timeline in which the juvenile and document participant in an Excel spreadsheet. must contact the Diversion program for intake. This is typically within 2 weeks time. Provide necessary referrals and submit referral forms Complete referrals within two business days of intake. if agency referring to requires this. A copy of the referral form will be placed in the case file. Objective 2.2: Provide basic case management and reports to the Court addressing compliance with court-ordered sanctions, motions to revoke the sentence upon non-compliance or motions to terminate the sentence upon completion of sanctions. Outcome/Measurement: Timeframe: All files are reviewed for timeliness of completion of Juveniles are required to check in monthly via phone. sanctions at each required check in. Progress toward Goal 2 and associated Objectives: A. Goal 2 is a new goal for the 2011-2012 fiscal year, therefore, there isn't much data to report yet. Through the first half of the fiscal year, 34 cases were referred to this caseload, putting us on track to meet, if not exceed, the goal of 50 cases. Collaboration, communication, and case management with judicial agencies are on-going and successful at this point. B. While objectives have been achieved, as with any new process, there is an evolution of the workflow. Because of a new magistrate, the frequency of court reporting has drastically decreased but still remains a requirement of managing these cases. C. At this point, we're on track to serve the intended number of juveniles as set out in the goal. All of this is reflected in the Excel spreadsheet maintained by the Diversion director. State Juvenile Diversion Continuation Application 12-11 -7 - 4. LESSONS LEARNED (Limit 1 page) Our program changes as is necessary and beneficial for our juvenile justice community. Among the greatest lessons learned is the value of our program within the community and the necessity of being flexible to adapt to changes. The biggest challenge during the current grant cycle is regarding the pre- and post-surveys that are being administered to participants effective August 2011. This is a constantly evolving process to determine how to make this best work within the existing program. Because of how the post-adjudicated juveniles come to the Diversion program, reliance on other professionals to help administer and express the importance of the survey to juveniles, is necessary, and it's been incredibly difficult to get the surveys for this group completed. The challenge has become a question of how much we are able to change our program and supervision model to accommodate the survey. This is an on-going challenge and we aren't yet at the lessons learned phase with it yet. State Juvenile Diversion Continuation Application 12-11 - 8 - 5. UPDATED PROJECT PLAN/GOALS AND OBJECTIVES (Limit 3 pages) Goal 1: Reduce the number of juvenile delinquency filings/cases by successfully diverting 100 juveniles from the traditional juvenile justice system. Objective 1.1: Assess and interview juveniles referred to Diversion, deliver appropriate sanctions, and provide case management for Diversion clients. Outcome/Measurement: Timeframe: Of the juveniles served,95%will successfully Successful completion rates will be calculated complete the Diversion program. quarterly. Of the juveniles who have successfully completed Recidivism rates will be calculated quarterly. the Diversion program, 95%will avoid a future offense within 6 months after completion. All information about clients is maintained on an Excel spreadsheet is updated and maintained Excel spreadsheet with information specifically daily. regarding status of completion and re-offense info. Objective 1.2: Provide Restorative Justice Programming as a Diversion sanction when appropriate. Outcome/Measurement: Timeframe: Through use of volunteers, 20-30 juveniles will Juveniles will participate in a conference within 90 participate in a Restorative Justice Shoplifting days of signing their Diversion agreement. Conference per year. Of the juveniles referred to the shoplifting Conferences will be held quarterly. After the class is conference, 95%will successfully complete the completed, it will be determined who completed the conference as indicated in their agreement. class and what will occur if juveniles did not complete. Goal 2: Decrease probation caseloads by 50 juveniles per year by monitoring compliance with Court Orders of low- level adjudicated offenders. Objective 2.1: Collaborate with the Probation Department to determine appropriate cases to be monitored by Diversion. Outcome/Measurement: Timeframe: Complete basic intake with appropriate candidates The Court will provide a timeline in which the juvenile and document participant in an Excel spreadsheet. must contact the Diversion program for intake. This is typically within 2 weeks time. Provide necessary referrals and submit referral forms Complete referrals within two business days of intake. if agency referring to requires this. A copy of the referral form will be placed in the case file. Objective 2.2: Provide basic case management and reports to the Court addressing compliance with court-ordered sanctions, motions to revoke the sentence upon non-compliance or motions to terminate the sentence upon completion of sanctions. Outcome/Measurement: Timeframe: All files are reviewed for timeliness of completion of Juveniles are required to check in monthly via phone. sanctions at each required check in. State Juvenile Diversion Continuation Application 12-11 -9- Project Changes: The goals of the program will remain the same in the coming fiscal year. These goals accurately fit the program and challenge the professionals to best serve the juvenile justice continuum and the community. There are proposed budgetary changes this year, as will be again reflected in the budget portion of the application. The part time Spanish Language interpreter has resigned her position with the program. As she was working with the program a mere ten hours per month, it would be very difficult to replace her. However, currently, we have office staff that are able to accommodate interpreting needs and when they are not available, the Language Line will be utilized. Budgetary changes will be made in this application to reflect this change State Juvenile Diversion Continuation Application 12-11 - 10- SECTION III - SUSTAINABILITY 1. Describe the steps you have taken to diversify your funding sources, and/or incorporate this project into local funding sources indicating broad-based community support. (Limit /2 pages) The Diversion Program has been funded by this grant opportunity since October of 2006. The grant is currently funding 75% of the Director's position and the Interpreter position. The Weld County Commissioners, through the District Attorney's office, funded the Case Manager position from January of 2006 until June of 2008 when the position was vacated. Since that time, the Weld County Commissioners have committed the 25% cash match required. By proving fiscal responsibility of the program, as well as outcome statistics that prove that the program is effective in preventing future juvenile crime, the diversion program aims to exhibit to collaborative agencies and other potential funders, including the Weld County Commissioners, the program is worth funding. Looking at the costs for Probation to supervise 150 low-level offenders, based on the Probation Department's own numbers released in 2008, it would cost approximately $322,200 per year; whereas, the Weld County Juvenile Diversion Program can supervise those juveniles for a quarter of the cost. This doesn't factor in the cost savings when we don't utilize the Juvenile Magistrate and court clerks in the juvenile division, the Deputy District Attorney's responsible for prosecuting the case, or the time of local law enforcement officials regarding these cases. This information exhibits the significant cost savings as a result of the Diversion Program. State Juvenile Diversion Continuation Application 12-11 - 11 - a) N L y o g al O C O C C 3 SC 3 k L as N ces] 9 C t C ° aR aR+ L L 0 64 .© ‘p aV+ a)Q co1. R N N V R y N N C L O R R O C V C tit V @ 2z C '5 m co, 0.1 vial W o o o o. o 0 azz, In to y 0 0 0 d 2 o 0 0 QQ ao 7 7 Ln Ln EA EA ar EA U R 7 a+ ai °c - a a a, bc4 to o. t a a u= .O � F v:, ,4: d o • 3 N N O Orn co O o 0 0 OO,VF) bA F EA co F 69 6in °9 Y3 OW C El P C1J C e e e e W a E C7 G W E F A O V `�-' ur L lick) O vF p eta a 2O o >` X X X X �� as oz y cc i2 o as E o 00 1.0 4. L (A II II II II (, ¢,. w W N Q m +-, m V] •Z O as o - C r �, 7 OA +, as Op o v p C w' N y va y Q C G r d a ti Vi C 0.1 °.° y ea ea E C _J O V + + + + ro d '' ° Cr C R 0 O C C GRJ LT.' CI 7 N Q L C O .a "C' co 'D o a40)N R C .E C c • m L 4 a H u ens « 7 Oo 'al00 y u e Cs, Q � � ti FZ R z c R I- — o.� 2 7 o F, 0,6 a. w .y co Q c •ad C.4 d o 0 c c H W F Q y O Z a y y ≥ w p z a g a z no a. w 0o CO W lei o O ° a-, > 2 a L w ... 4 ✓ Q ti J Q O 00 04 rr z 15. �--.) co — U. M L V 4.1 Y Y Y Cl 4I 2 ti o c 2 3 R, 2 `D o `o 'O 2 .. ..2 Y - Y ll NON R R R R N - N y y d a, b9 N a V SRI V R V R V R act 7 u 2 /-. O O o 6j 6 2O O p El� y raj V]o d cii N 4 h CA H GC) t3 O Y CU CU C U CU E-0o FVa W• 7, o 0 0 W C W o 0 W a o te o z y h o Y Oen y y O o y c sA EA e c c sa c c Es CIO A z a z 0 o H o oo H F o 0 O o o v; O O 0:, 0:' 0 F oM ^' F F .. ,. N., 69 b9 b9 64 H9 4 GC v up C A .a O F au Ca O in F ri an d .a et t F I. v z O v ., W u cip W a ° o uP W a 0 .`r o 1. .a w R• 'fl y Z .a °' h O w A A O 3 O W s R .. L o L 3 W r/) 2 R OD O LT40 — 2 0 C C CC W .`e C?CiS N Q. Q y C a. z c O F Z 4 Q O a L' L C [ 'a'+ u C F U a 7 4 ^C Q ..7 O Q U c ° R Q Z a O c 0 Ca N Q a O 0 Z Or rig Z C) • C E. 14 to .F to F 4 O O a = y R 'u ,- O V4 I Q Q a - > Q Z E-4 H y ^� W i F• b C w F U F O F" w ro � F W › Y Y c� w > a 0 Il F 0 r o g w Q d G F G 4 O F 4 4 w w O J w 2. BUDGET NARRATIVE: (Limit 3 pages) A. PERSONNEL The amount requested will fund the Director's full-time position. The Weld County Commissioners, through the District Attorney's Office, will fund 25% of all costs of operating the Diversion program, including salaries. The Director's salary is based on a structured and scheduled pay scale maintained by the County. All County employee wages are determined by this scale. The increase in funding for the Director salary includes a projected cost of living allowance pay increase, typically between 3% and 3.5%, to begin in January 2013. Taxes and retirement benefits are a percentage of an employee's salary, therefore, as salaries increase, benefit costs will also increase. The amount included for the Director's position includes the annual base salary of $64,409 with $18,797 in benefits, totaling $83,206. The base salary is determined by calculating 6 months of wages without a 3% cost of living allowance adjustment and 6 months with this increase. Directors of similar area programs such as the Youth and Family Connections program and the Director of the Weld County Interagency Oversight Group, were posted at a starting salary of$75,000 plus benefits. Recent cost of living adjustments place the Youth and Family Connection Directors current salary at closer to $90,000 plus benefits. A salary for a Spanish Language Interpreter was previously included in the Personnel line item. The former interpreter has resigned her position and as her hours were minimal (ten per month) it's not a position that is easily replaced. In order to accommodate the needs of monolingual Spanish speaking families, bilingual Spanish speaking clerical staff will assist in interpreting needs as their schedules permit. This will be at no cost to the grant. The interpreter salary that was previously included in this line item has been deleted; however, as the Language Line may need to be accessed in the event that office staff are unable to assist, this expense has been moved to the Supplies and Operating line item. The program has made staffing adjustments in order to meet the demands of the case load. The case manager position was left vacated when it became open in 2008. Essentially, the same amount of work is being handled with one fewer person. This program provides a unique and definite position in the juvenile justice continuum in Weld County. A portion of the juveniles referred to the program have also been referred previously to the Youth and Family Connections program. The Diversion program is granted access to this agency's online records management system and uses valuable information from that system (for example; MAYSI-2 assessment results, prior referrals) in determining appropriate sanctions for Diversion youth. If the Diversion Program were not in place, juveniles would continue to be assessed at the Youth and Family Connections program and then would be monitored by Probation. Communication and collaboration ensure that duplication does not exist, as no one is in a financial position to offer services that are already being offered in the community. B. SUPPLIES AND OPERATING Line items to include office supplies are estimated to cost $500. Items to be purchased will include paper supplies such as file folders, dividers, paper, envelopes, business cards, calendars, general office supplies (pens, paperclips, post-its, tablets, etc), registration fees for training, and if needed, school supplies for the juveniles participating in the program. Additionally, as previously noted, the Spanish Language Interpreter position has been vacated. At times, the use of Spanish speaking District Attorney Office staff will be utilized to assist in interpretation but at other times, the Language Line may need to be accessed. Five-hundred dollars is being requested pay for this service. State Juvenile Diversion Continuation Application 12-11 - 14- C.TRAVEL Anticipated travel costs include at least two trips to Denver for administrative meetings or trainings with DCJ plus quarterly meetings for the Diversion Steering Committee. In addition, training is sought in certain disciplines, including Restorative Justice, and gender specific programming, as well as training in best practice principles for working with juveniles, if registration fees are reasonable. As most training is held in the metro area and Weld County is in the northern part of the state, mileage reimbursement is required to attend many training opportunities. Trainings are only attended when fiscally prudent. Mileage is estimated at the Weld County reimbursement rate of$.53/mile. It is estimated that mileage and associated training and service costs will be $300.00. Additionally, the Director of Justice Services for Weld County has invited the Director to attend the Diversion track of the National Association of Pretrial Service Agencies training in Washington DC in August. This training would be specific to Diversion practices as utilized in other parts of the country. This is an exciting opportunity and if able to attend, information would be shared with DCJ, OMNI and the Diversion Steering Committee as we evaluate Diversion programs in Colorado. D. EQUIPMENT It is not anticipated that the diversion program will require any equipment as defined in the application during this grant period. E. CONTRACTED, CONSULTANT AND PROFESSIONAL SERVICES It is not anticipated that the diversion program will be contracting specifically with an individual or business to provide direct services to the juvenile or their families in the program. The exception is the required expense by DCJ for OMNI and the ETO database. State Juvenile Diversion Continuation Application 12-11 - 15 - 3. FINANCIAL MANAGEMENT: Please complete the items below. A. Has a copy of your last independent audit or financial review been previously submitted to DCJ? X YES/ NO.If YES, to which program? The 2010 Audit is the most recent completed and that was submitted with this grant application in February of 2011. If audit last provided to DCJ is older than one year, include one copy of the most recent audit or financial review, including any management report or other auditor comments in the appendix. Also, if there were findings, please attach the audit resolutions and/or corrective action plan. B. Does your agency expend over$500,000 from combined federal sources in a year? _X YES / NO If YES, attach a copy of the A-133 audit, including audit resolutions and/or corrective action plan. C. Please respond to the following questions about whether your accounting system meets the criteria for managing state and federal grant funds. (These questions cover areas that will be monitored by DCJ staff during site visits or through other reporting mechanisms. They are not intended to be all inclusive and do not substitute for the agency's responsibility to meet all federal and state requirements for these grant funds.) X YES FINO Does your accounting system separate ALL revenues and expenditures by funding source? X YES ENO Does your system track revenues and expenditures for each grant award separately through a sub-ledger system? X YES ENO Does your system allow expenditures to be classified by the broad budget categories listed in the approved budget in your grant, i.e. Personnel, Supplies and Operating, Travel, Equipment and Professional Services? X YES FINO Do you reconcile sub-ledgers to your general ledger at least monthly? X YES FIND Do you mark your invoices with the grant number? X YES ENO Do you maintain time sheets, signed by the employee and supervisor for each employee paid by DCJ grant funds? X YES FIND Do you have written financial policies and procedures in place? X YES ONO Do you have accounting internal controls in place, such as separation of duties, two signatures on certain checks, reconciliations or other reviews? For Continuation Applicants only X YES FIND Do you use your accounting system data to prepare your quarterly financial reports for DCJ? X YES ENO Do you reconcile your accounting system data with your quarterly financial reports for DCJ? If you answered "No" to any questions above,please provide an explanation on an inserted page referencing Section VI Item #3. State Juvenile Diversion Continuation Application 12-11 - 16- 4. TOTAL PROJECT FUNDING: Will this project BE FUNDED using ADDITIONAL FUNDS other than those provided from this grant? _X YES / NO If yes, what % of the total project costs will be supported by these state funds including your match? _100 % List the type and amount of other funding that will be provided to this project. Fund Type/Describe Amount Federal State County Government $21,676 Municipal Government Private Other - specify TOTAL $21,676 (25% cash match) State Juvenile Diversion Continuation Application 12-11 - 17 - SECTION VI - CERTIFICATIONS A Certification of Appropriation of Match form must be completed by each agency providing match. Certification of Appropriation of Match Date: January 30, 2012 Colorado Division of Criminal Justice Office of Adult and Juvenile Justice Assistance 700 Kipling Street Denver, Colorado 80215 To Whom It May Concern: Please be advised that Weld County Government has committed support in the form of x Cash Match in the amount of$ 21,676 and/or ❑ In-kind Match valued at $ to match the State of Colorado funds for the FY_2012/2013 COLORADO JUVENILE DIVERSION PROGRAM for 19`h Judicial District,Weld County: Juvenile Diversion Program. (Project Title or Agency) Execution of this document represents a certification that said funds have been earmarked within the appropriation of budget process for use as matching funds for this grant application. Sincerely, The individual authorized to commit '204112t these funds on behalf of the unit of local a� {�>, 4//3 government or corporation. This (/� individual is either the Authorized Signature/Date Official or appropriate controller of the matching funds. Barbara Connolly, CPS, Weld County Department of Accounting, Controller Typed Name and Title Weld County Government, PO Box 758, Greeley, CO 80632 Agency, Address State Juvenile Diversion Continuation Application 12-11 - 18- N(I1hviimi- I Juvenile Diversion Organizational Chart Chief Deputy District Attorney Director, Juvenile Diversion Interpreter MaenmM/ *41 WELD COUNTY, COLORADO Job Title: Juvenile Diversion Administrator Exempt Position Job Code: 12927 Position #: 177 Pay Grade: 44 Supervisor: Administrative Superior Department: Office of District Attorney DESCRIPTION OF WORK General Statement of Duties: Performs a variety of highly complex administrative, technical and supervisory work in the operation of the juvenile diversion program involving the exercise of considerable independent judgment concerning division operations. Supervision Received: Works under general guidance and direction of an elected official or designated assistant. Supervision Exercised: Exercises supervision over the professional,clerical and program staff assigned to the program. EXAMPLES OF DUTIES (any one position may not include all of the duties listed nor do the listed examples include all duties which may be found in positions of this class.) Directs and coordinates the work of the Juvenile Diversion program. Makes major policy and procedural decisions that have a significant impact on the program. Performs complex problem solving. Prepares statistical reports for a variety of grant programs. Prepares Juvenile Diversion budget. Monitors program and financial reports; develops and submits necessary budgetary information; administers complex program budgets. Supervises the performance, orientations and training of staff members and volunteers; reviews and evaluates performance of staff members; counsels staff members on work- related personnel or program problems. Assists in the evaluation of programs and their services; develops and initiates major policy and procedural changes within legal and departmental guidelines; responsible for developing and writing grant proposals. Handles unique or complex work related problems or coordination of programs;advises staff on policy and procedure. Acts as liaison concerning community service programs to the federal, state, public, or private agencies and other appropriate parties. Plans, directs and/or attends appropriate meetings, cor?rferences or workshops. —Manage Registrations Page 1 of 1 R h M t I - - --7 Manage Registrations Welcome Barbara CCR registrations linked to your account DUNS CAGE Company Status View Action Manage Name Users WELD, Active in CCR; 075757955 4KEF9 Registration valid until View Update/Renew Users COUNTY OF g 12/15/2012. hops://www.bpn.gov/ccrauth/profile/ManageRegistrations.aspx 12/20/2011 COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions&Certified Assurances must remain attached to the application June 2011 SPCA Page 1 of 8 CHECK BELOW TO INDICATE WHICH CATEGORY BEST DESCRIBES YOUR AGENCY: x Inter-Governmental Grant Grant to a Colorado State Agency (Section A does not apply) x Grant to a Unit of Local Government, Tribal Government, or Special District. Grant to a Non-Profit, Private Organization(Non-Governmental) The applicant certifies by signing that the project described in this application meets all the requirements of the applicable governing legislation as indicated below;that all information contained in the application is correct;that there has been appropriate coordination with affected agencies; and, that the applicant will read, understand and comply with all provisions of the governing legislation and all other applicable federal and state laws, rules and regulations that have been or may hereafter be established. The applicant further understands and agrees that any subgrant award received as a result of this application shall be subject additionally to the grant conditions set forth in the Statement of Grant Award, and in the current applicable Administrative Guide of the Division of Criminal Justice. GOVERNING LEGISLATION FOR THIS GRANT PROGRAM• Juvenile Diversion Program. As defined in Colorado Revised Statutes §19-2-203, and under statutory authority of the Division of Criminal Justice, Colorado Revised Statutes §24-33.5-503, and under applicable program rules established by the Division of Criminal Justice. A. STANDARD STATE SPECIAL PROVISIONS Revised 1-1-09 1. CONTROLLER'S APPROVAL. CRS 24-30-202(I) This subgrant award shall not be valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS 24-30-202(5.5) Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this subgrant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b)and 2671 , et seq. as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. (THIS PROVISION IS NOT APPLICABLE TO GRANTS TO COLORADO STATE AGENCIES): THE SUBGRANTEE AGENCY SHALL PERFORM THE DUTIES FUNDED UNDER THIS GRANT AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE STATE, NEITHER THE SUBGRANTEE AGENCY NOR ANY AGENT, SUB-CONTRACTOR, OR EMPLOYEE OF THE SUBGRANTEE AGENCY SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE BY VIRTUE OF THIS SUBGRANT. SUBGRANTEE AGENCY SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS GRANT. SUBGRANTEE AGENCY ACKNOWLEDGES THAT THE SUBGRANTEE AGENCY AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE SUBGRANTEE AGENCY OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. SUBGRANTEE AGENCY SHALL NOT HAVE AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. IF THIS GRANT PROVIDES FUNDS FOR ANY PERSONAL SERVICES, SUBGRANTEE AGENCY SHALL PROVIDE AND KEEP IN FORCE WORKERS COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW AND SHALL BE SOLELY RESPONSIBLE FOR ITS ACTS OF ITS EMPLOYEES, INDEPENDENT SUB-CONTRACTORS AND AGENTS. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions&Certified Assurances must remain attached to the application June 2011 SPCA Page 2 of 8 The Subgrantee Agency 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. 6. CHOICE OF LAW. Colorado law,and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this subgrant. Any provision included or incorporated herein by reference, which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this subgrant, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this subgrant award or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. (Governor's Executive Order D 002 00) State or other public funds payable under this subgrant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. The Subgrantee Agency hereby certifies and warrants that, during the term of this subgrant and any extensions, the Subgrantee Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Subgrantee Agency is in violation of this provision, the State may exercise any remedy available at law or equity or under this Subgrant, including, without limitation, immediate termination of the Subgrant and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST CRS§§24-18-201 &CRS 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this subgrant award. The Subgrantee Agency has not interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Subgrantee Agency's services and Subgrantee Agency shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS §§24-30-202(1)&CRS 24-30-202.4 [Not applicable to intergovernmental grants[ Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a)unpaid child support debts or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d)amounts required to be paid to the Unemployment Compensation Fund; and(e)other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. FEDERAL FUNDING. This subgrant is subject to and contingent upon the continuing availability of federal funds for the purposes hereof 12. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements,or information technology services or products and services] The Subgrantee Agency certifies,warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this subgrant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this subgrant, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5- 102(5)(c), the Subgrantee Agency shall not knowingly employ or contract with an illegal alien to perform work under this subgrant or enter into a contract with a subcontractor that fails to certify to the Subgrantee Agency that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this subgrant. The Subgrantee Agency(a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this subgrant is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if the Subgrantee Agency has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this subgrant, (c) shall terminate the subgrant if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If the Subgrantee Agency COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions& Certified Assurances must remain attached to the application June 2011 SPCA Page 3 of 8 participates in the Department program, the Subgrantee Agency shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that the Subgrantee Agency has examined the legal work status of such employee, and comply with all of the other requirements of the Department program. If the Subgrantee Agency fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, Institution of Higher Education or political subdivision may terminate this subgrant for breach and, if so terminated, the Subgrantee Agency shall be liable for damages. 13. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Subgrantee Agency, if a natural person eighteen (18)years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and(c)has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this subgrant. B. GRANT REQUIREMENTS I. FINANCIAL& ADMINISTRATIVE MANAGEMENT a. The Subgrantee Agency 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 Subgrantee Agency assures that it will comply with the provisions of the current applicable Administrative Guide of the Division of Criminal Justice which is hereby incorporated by reference. However, such a guide cannot cover every foreseeable contingency, and the Subgrantee Agency is ultimately responsible for compliance with applicable state and federal laws, rules and regulations. 2. PAYMENT& REPORTING a. The Division of Criminal Justice will pay the Subgrantee Agency the reasonable and allowable costs of performance, in accordance with current Colorado State Fiscal Rules, not to exceed the amount specified herein as the Total Award Amount, as identified on the Statement of Grant Award. b. The Division's requirements for invoice, and cost reporting submissions are contained in the DCJ Form 3 -Cash Request Procedures, and DCJ Form I-A- Subgrant Financial Report,which are hereby incorporated by reference. c. The Subgrantee Agency assures that it shall maintain data and information to provide accurate quarterly program narrative and financial reports to the Division. Said reports shall be provided in such form and contain such data and information as the Division of Criminal Justice reasonably requires to administer the program. d. The Subgrantee Agency assures that quarterly financial and narrative reports shall be submitted within 15 days of the end of each calendar quarter and shall be current and actual. e. The Subgrantee Agency further assures that final financial and narrative reports shall be submitted on the forms provided by the Division of Criminal Justice within 45 days of the end date of the subgrant. f The Division reserves the right to make and authorize modifications, adjustments, and/or revisions to the Grant Award for the purpose of making changes in budget categories, extensions of grant award dates, changes in goals and objectives, and other modifications which do not change the total amount of the Grant Award. The Division's requirements for such grant adjustments are contained in the procedures for DCJ Forms 4A, 4B, 4C, and 4D, which are hereby incorporated by reference. g. The Division may withhold payment in the event the Subgrantee Agency fails to comply with conditions, including all financial reporting requirements and certifications contained in this grant award. 3. PROCUREMENT AND CONTRACTS a. The Subgrantee Agency 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 Division of Criminal Justice. b. The Subgrantee Agency assures that no contract or agreement will be made for execution of project activities or provisions of services (other than purchase of supplies or standard commercial or maintenance services) that is not incorporated in the approved application or approved in advance by the Division of Criminal Justice. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions& Certified Assurances must remain attached to the application June 20/I SPCA Page 4 of 8 c. The Subgrantee Agency assures that contractors/vendors who assist the Subgrantee Agency to develop specifications, requirements, statements of work and/or Request For Proposal for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement. d. The Subgrantee Agency assures that where activities supported by this subgrant produce any discovery or invention, original computer programs, writing, sound recordings, pictorial reproductions, drawing or other graphical representation and works of any similar nature,the following requirements apply: i. The Division of Criminal Justice reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: The copyright in any work developed under an award or subaward; and 2) Any rights of copyright to which a recipient or subrecipient purchases ownership with support. ii. If any program produces patentable items, patent rights, processes or inventions, in the course of work sponsored by the Federal award or subaward funds, such facts must be promptly and fully reported to the awarding agency, Division of Criminal Justice. The awarding agency shall determine whether protection on the invention or discovery shall be sought. The awarding agency will also determine how rights in the invention or discovery (including rights under any patents issued thereon) shall be allocated and administered in order to protect the public interest pursuant to published Presidential and government memorandums and guidelines,and the regulations promulgated by the Department of Commerce in 37 CFR Part 401. iii. When issuing statements, press releases, requests for proposals, bid solicitations, and other published documents describing projects or programs funded in whole or in part with these grant funds, all Subgrantee Agencies must clearly: a) State the percentage of the total cost of the program or project, which will be financed with this grant money; b) State the dollar amount of state or federal funds for the project or program; c) Use the phrase-"This project was supported by grant # , issued by the Colorado Division of Criminal Justice." e. The Subgrantee Agency may not assign its rights or duties under this grant without the prior written consent of the Division of Criminal Justice. 4. AUDIT, RECORD-KEEPING,AND MONITORING/INSPECTION a. The Subgrantee Agency assures that it will procure an audit or financial review, incorporating this subgrant, by an independent Certified Public Accountant (CPA), licensed to practice in Colorado. If the agency expends more than $500,000 per year in combined federal funds, a Single Audit must be conducted in accordance with OMB Circular A- 133 (Audits of States, Local Governments, and non-profit organizations). If the agency expends less than $500,000 per year in combined federal funds, the following policy applies: Agencies with total annual revenue from all sources of $200,000 or more shall procure a financial audit; a financial review shall not be sufficient to meet this requirement. Agencies with total annual revenue of less than $200,000 procure either a financial review or financial audit. i. At such time as the audit or financial review is completed, ONE COPY OF THE REPORT, INCLUDING THE CORRESPONDING MANAGEMENT LETTER, MUST BE FORWARDED TO THE DIVISION OF CRIMINAL JUSTICE for clearance. The audit or financial review incorporating this subgrant must be completed and received within 12 months of the end of the fiscal years that includes the end date of the grant. ii. The Subgrantee Agency 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: a) does not meet the applicable A-133 or DCJ standards; b) is not submitted in a timely manner; or, c) does not provide an audit response plan with corresponding corrections made sufficient to satisfy any audit findings. b. The Subgrantee Agency assures that: i. It will retain all project records, as will facilitate an effective audit, for seven years after the end of the state fiscal year that includes the end date of the grant. (For example if the grant ended 9/30/2001, the state FY would be July 1,2001-June 30,2002. The files could be destroyed after 6/30/2009); except, ii. If an audit is in progress and/or the findings of a completed audit have not been resolved satisfactorily, then records must be retained beyond the seven-year period until such issues are resolved. c. The Subgrantee Agency assures that it will keep copies of all documents, correspondence, and required receipts related to this subgrant in a separate file bearing the project title and grant number. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions&Certified Assurances must remain attached to the application June 2011 SPCA Page 5 of 8 d. The Division may periodically request submission of supporting financial and programmatic documentation, subcontracts, general and sub-ledgers for the purpose of monitoring compliance with the grant award via desk review, or in preparation for an on-site monitoring visit. Routine or special on-site visits may be conducted at the subgrant agency, and at the location of any collaborating entities, for the same purpose. Subgrantee Agencies will be notified in advance of any on-site monitoring visit. e. The Subgrantee Agency assures that the Division of Criminal Justice, Colorado Department of Public Safety, shall have access for purposes of monitoring, audit and examinations to any bonds, documents, papers and records of the Subgrantee Agency and to relevant books and records of subcontractors of the Subgrantee Agency. It is the responsibility of the Subgrantee Agency to notify any of its project collaborators and subcontractors of these provisions. f. The Subgrantee Agency assures that signatories of the application and subgrant award and personnel employed through this subgrant will appear when requested at any administrative hearing, monitoring site visit, conference or meeting conducted by the Division of Criminal Justice. 5. COLORADO VICTIM RIGHTS ACT The Subgrantee 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. 6. TERMINATION or REDUCTION IN GRANT AWARD The Division will monitor the performance of the Subgrantee Agency against goals and performance standards as found in the application required herein. The Division will provide reasonable assistance to the Subgrantee Agency in the development of project goals,performance standards and subgrant requirements. Any determination of substandard performance on the part of the Subgrantee Agency shall be within the discretion of the Division, based upon the Division's review of the terms and conditions of the Grant Award,the application and project summary, the grant terms and assurances, and the requirements of applicable law. Substandard performance, as determined by the Division, shall constitute non-compliance,which may result in termination for cause, or reduction of the Grant Award for cause, as follows: a. Reduction In Grant Award Amount for Cause i. The Division may reduce the total Statement of Grant Award amount for cause, without compensation for reduction costs. ii. If the state reduces the grant amount for cause, it will first give ten (10) days written notice to the Subgrantee Agency, stating the reasons for reduction, steps taken to correct the problems, and the date the subgrant award amount will be reduced in the event problems have not been corrected to the satisfaction of the Division. iii. In the event this grant is reduced for cause, the Division will only reimburse the Subgrantee Agency for acceptable work or deliverables received up to the date of reduction. iv. In the event this grant is reduced for cause, final payment to the Subgrantee Agency may be withheld at the discretion of the Division until completion of final Division review. b. Termination for Convenience: i. Either party may terminate the grant with thirty days written notice of intent to cancel or terminate. ii. If the grant is terminated for convenience by either the Subgrantee Agency or the state, the Subgrantee Agency shall be paid the necessary and allowable costs incurred through the date of termination, but not exceeding a prorated amount based on the number of days of project operation prior to the date of termination. c. Termination for Cause: i. The Division may terminate the grant for cause without compensation for termination costs. ii. If the state terminates the grant for cause, it will first give ten (10) days written notice to the Subgrantee Agency, stating the reasons for termination, steps taken to correct the problems, and the date the subgrant will be terminated in the event problems have not been corrected to the satisfaction of the Division. In the event this grant is terminated for cause, the Division will only reimburse the Subgrantee Agency for acceptable work or deliverables received up to the date of termination. iv. In the event this grant is terminated for cause, final payment to the Subgrantee Agency may be withheld at the discretion of the Division until completion of final Division review. d. Any equipment purchased under this grant would revert, at the option of the Division, to the Division of Criminal Justice upon termination of the grant for any of the above reasons. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions& Certified Assurances must remain attached to the application June 2011 SPCA Page 6 of 8 7. ORDER OF PRECEDENCE Any inconsistency or conflict in this grant shall be resolved by giving precedence in the following order: (a) Special Provisions and Certified Assurances,(b)Statement of Grant Award; and, (c)the final approved Subgrant Application. 8. DISPUTE RESOLUTION (THIS PROVISION APPLIES ONLY TO INTERAGENCY AGREEMENTS): Any failure of either party to perform in accordance with the terms of this agreement shall constitute a breach of the agreement. Any dispute concerning the performance of this agreement which cannot be resolved at the divisional level shall be referred to superior departmental management staff designated by each department. Failing resolution at that level, disputes shall be presented to the executive directors of each department for resolution. Failing resolution by the executive directors, the dispute shall be submitted in writing by both parties to the State Controller, whose decision on the dispute will be final. C. PROGRAM SPECIFIC REQUIREMENTS The following program specific requirements are imposed by the Federal or State sponsoring agency concerning special requirements of law, program requirements,and other administrative requirements which must be passed on to subgrant award recipients. 1. Right if Privacy for Recipients of Service and Sharing of information. The prospective Subgrantee Agency certifies, by submission of this proposal,that: a. Pursuant to Section 223(a)(18)of the Juvenile Justice and Delinquency Prevention Act,procedures have been established to ensure that this program will not disclose program records containing the identity of individual juveniles. Exceptions to this requirement are authorization by law;consent of either the juvenile or his/her legal authorized representative; or justification that otherwise the functions of this title cannot be performed. Under no circumstances may public project reports or findings contain names of actual juvenile service recipients. b. Necessary information will be shared appropriately among schools, law enforcement,courts and juvenile-serving agencies pursuant to the Family Educational Rights and Privacy Act(FERPA)(20 U.S.C. §I232g),as amended by Improving America's School Act of 1994(IASA). FERPA allows schools to play a vital role in a community's effort to identify children who are at risk of delinquency and provide services prior to a child's becoming involved in the juvenile justice system. c. Necessary information will be shared in accordance with the"Children's Code Records and Information Act," 19-1- 301 et seq.,Colorado Revised Statutes,to balance the best interests of children and the privacy interests of children and their families with the need to share information among service agencies and the need to protect the public safety. 2. In addition to the"Termination for Cause" item,6(c) under Grant Requirements above,the subgrant may be suspended or terminated by the Division of Criminal Justice if the Subgrantee Agency fails to comply with the core requirements of the Juvenile Justice and Delinquency Prevention Act, 1974,as amended: Deinstitutionalization of Status Offenders, Section 223 (a)(12)(A); Separation of Juveniles from Incarcerated Adults, Section 223(a)(13); Removal of Juveniles from Adult Jails and Lockups, Section 223(a)(14); Disproportionate Minority Confinement, Section(a)(23). 3. If the applicant is a state government agency,the submission of this application certifies the applicant agency has obtained through the state budget process the spending authority and FTE approval, if FTE is requested, required to accept these state grant dollars. In addition, state agencies applying for these grant funds must enclose in the appendix a letter or memorandum from the appropriate fiscal officer verifying the applicant's ability to accept these state funds. If unable to comply with this condition,please contact DCJ prior to the submission of the application. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions& Certified Assurances must remain attached to the application June 2011 SPCA Page 7 of 8 D. GENERAL PROVISIONS 1. INDEMNIFICATION. a. To the extent authorized by law, the Subgrantee Agency shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by the Subgrantee Agency, or its employees, agents, subcontractors, or assignees pursuant to the terms of this subgrant award. FOR GRANTS TO STATE AGENCIES AND HIGHER EDUCATION ONLY: b. A self-insured, Subgrantee state Agency agrees that its Self-Insurance Program shall BE RESPONSIBLE FOR any and all claims, damages, liability and court awards, including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by the Subgrantee Agency, or its employees, agents, subcontractors, or assignees pursuant to the terms of this subgrant award. 2. STATEWIDE CONTRACT MANAGEMENT SYSTEM [This section shall apply when the Effective Date is on or after July 1, 2009 and the maximum amount payable to Subgrantee hereunder is$100,000 or higher] By entering into this subgrant, Subgrantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102- 206, §24-103-601, §24-103.5-10I and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Subgrantee performance shall be evaluated in accordance with the terms and conditions of this subgrant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation of Subgrantee's performance shall be part of the normal contract administration process and Subgrantee's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Subgrantee's obligations under this subgrant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Project Plan of this subgrant. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Project Plan and a final review and rating shall be rendered within 30 days of the end of the Subgrant term. Subgrantee shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation determine that the Subgrantee demonstrated a gross failure to meet the performance measures established under the Project Plan, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Division of Criminal Justice, and showing of good cause, may debar Subgrantee and prohibit Subgrantee from bidding on future contracts. Subgrantee may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (ii) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Subgrantee, by the Executive Director, upon showing of good cause. 3. The Subgrantee Agency shall comply with all applicable revisions or additional requirements that may be imposed by law and any future state and federal guidance including clarifications of requirements. Any revisions to such provisions or regulations shall automatically become a part of these Special Provisions and Certified Assurances, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to the Subgrantee Agency of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 4. CORA Disclosure To the extent not prohibited by federal law,this subgrant and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act,CRS §24-72-101, et seq. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions& Certified Assurances must remain attached to the application June 2011 SPCA Pa e 8 of 8 SIGNATURE PAGE->->->TO BE COMPLETED BY ALL APPLICANTS (ORIGINAL SIGNATURES REQUIRED-Please sign in BLUE ink. See instructions for description of proper signatories.) The Subgrantee Agency and responsible signatories certify by signing that they have read the Application including the Special Provisions and Certified Assurances,and are fully cognizant of their duties and responsibilities for this project. The Subgrantee Agency understands and agrees that any subgrant award received as a result of this application shall incorporate by reference the information contained herein. Responsibility for narrative and fiscal reporting requirements are delegated to the designated Project Director,who will sign all such reports. This delegation is for purposes of reporting to the Division and for operational ease,and in no way limits the authority and responsibility of the Authorized Official. In accordance with the Colorado Revised Statutes 24-72-202.6, information supplied in this application is considered a public record. AUTHORIZED OFFICIAL Name Sean P. Conway Position Chair Agency Weld County Board of County Commissioners Mailing Address PO Box 758 City,State,Zip Greeley,CO 80632 Telephone# (970)356-4000 Fax# (970)352-0242 E-mail Address sconwav(R?co.weld.co.us Signature ' G) c ' • Date FEB 0 6 2012 FINANCIAL FICER Name Barbara Connolly Position Controller Agency Weld County Government—Accounting Department Mailing Address PO Box 758 City, State,Zip Greeley, CO 80632 Telephone# (970)356-4000 x. 4445 Fax# (970)352-9019 E-mail Address bconnolly(cCco.weld.co.us Signature /f�oi ii Date FEB 0 6 2012 r PRO CT DIRECTOR Name Kirsta Britton Position Director,Juvenile Diversion Agency Weld County District Attorney's Office Mailing Address PO Box 1167 City,State,Zip Greeley,CO 80632 Telephone# (970)356-4010 x. 4775 Fax# (970)392-4572 E-mail Address kbritton(a,co.weld.co.us Signature 0,14 Wh— DattEB 0 6 2012 o?o42-o 355 Hello