HomeMy WebLinkAbout20112558.tiff RESOLUTION
RE: APPROVE STATEMENT OF GRANT AWARD FOR 2011 COVERDELL GRANT FOR
NORTHERN COLORADO REGIONAL FORENSIC LABORATORY TRAINING 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 the Statement of Grant Award for the
2011 Coverdell Grant for Northern Colorado Regional Forensic Laboratory Training from the
Colorado Division of Criminal Justice, to the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriff's
Office, commencing October 1, 2011, and ending September 30, 2012, with further terms and
conditions being as stated in said Statement of Grant Award, and
WHEREAS, after review, the Board deems it advisable to approve and accept said
Statement of Grant Award, 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 Statement of Grant Award for the 2011 Coverdell Grant for
Northern Colorado Regional Forensic Laboratory Training from the Colorado Division of
Criminal Justice, to the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Sheriff's Office, be, and hereby
is, approved and accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Statement of Grant Award.
oic, o la; N
1 G - D-`g " I 1 2011-2558
SO0032
STATEMENT OF GRANT AWARD FOR 2011 COVERDELL GRANT FOR NORTHERN
COLORADO REGIONAL FORENSIC LABORATORY TRAINING
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of September, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WEirD COUNTY, COLORADO
ATTEST:'" ,e„... O,c,f���� .�,S 2r c'ti
Barbara Kirkmeyed, Chair
Weld County Clerk to the Board �)
• ��\'` I /. 4 can P. . way,(y,Pro-Tem
BY: :fir +pi '
Deputy Cleo to the Boar �;,� ( `-
' 52V F. rcia
APpROVFD A .F �M: %aE.$
7 n AttorneyDougl cher
Date of signature: 1D- -1 - I I
2011-2558
SO0032
cd DS
Division of Criminal Justice
Jeanne M.Smith,Director
700 Kipling St.
Suite 1000
COLORADO Denver,CO 80215-5865
(303)239-4442
DEPARTMENT FAX(303)239-4491
OF PUBLIC SAFETY
September 2,2011
Mr. Ronald Arndt
Weld County, Sheriffs Department
1950 "O" Street
Greeley, CO 80631
Dear Mr. Arndt:
Re: Paul Coverdell National Forensic Sciences Improvement Program
Grant Number: 1 1-DN-01-3-1
Project Name: Northern Colorado Regional Forensic Lab Training
I am pleased to inform you that you have been awarded project funding through the Paul
Coverdell National Forensic Sciences Improvement Program.
Enclosed are two sets of the Statement of Grant Award (SOGA) for the above named
project. Please do not unstaple them. Be sure to read all Special Conditions, Instructions,
and Standard Conditions listed in your Statement of Grant Award. Compare the Approved
Budget as shown on the Statement of Grant Award with the budget pages of the application
and review the grant duration dates. Please ensure that your financial officer, bookkeeper,
John W.Hickenlooper or accounting office has only final, approved budget amounts.
GOVERNOR
James H.Davis All sets of the SOGA must be signed by your Authorized Official and returned to the
EXECUTIVE DIRECTOR g
Division of Criminal Justice. After the signatures of the Director of the Division of
Color
ado
a ro Criminal Justice and the Controller for the Department of Public Safety or Controller for the
Colorado Bureau State of Colorado are obtained, the white copy will be returned to you with the attached
of °veshgah°" application. This complete document is the official grant contract.
Division of
Criminal Justice
The following bulleted items are required and must be resolved prior to the
Office of Preparedness,
security,and Fire Safety disbursement of funds:
The Certified Assurances and Special Provisions have been revised. A new set has
been included in this packet. Please read and have all grant Officials sign the signature
page and return this with your signed SOGA.
DC J A Please submit your most recent A-133 audit or financial review by November 30, 2011.
2011-2558
Home Page: http://dcj.state.co.us/
E-Mail. jeanne.smith@cdps.state.co.us
Mr. Ronald Arndt
Page 2
September 2, 2011
0 Included in this packet is the DCJ Form 30, Certification of Compliance with
Regulations, concerning Equal Employment Opportunity Plans. This form must be
completed and returned with your signed Statement of Grant Award.
In addition, if you are using Contractual, Consulting or Professional Services, a DCJ Form
16, Professional Services/Consultant Certification, must be submitted and approved by your
grant manager prior to commitment of funds. If you are purchasing equipment through this
award, then a DCJ Form 13, Equipment Procurement Certification, must be submitted and
approved by your grant manager prior to commitment of funds. A DCJ Form 5, Equipment
Inventory/Retention must also be completed before termination of the project.
Quarterly narrative and financial progress reports must be submitted within 15 days of the
end of the quarter. A schedule of due dates is listed below. Quarterly narratives should be
submitted using a DCJ Form 2E. Quarterly financial reports should be submitted using a
DCJ Form 1-A. A final report using the appropriate version of these forms must be
submitted within 45 after completion of the project. ALL REPORT FORMS can be found
at http://dcj.state.co.us/oajja/Reporting%20Forms/Reporting_Forms.htm
Quarter Performance Period Due Date
1 October- December January 15,2012
2 January- March April 15, 2012
3 April -June July 15, 2012
4 July- September October 15, 2012
Final November 15, 2012
Please refer to Grant#11-DN-01-3-I in all correspondence and reports. If you have
questions about the information contained in this letter, please contact your grant
manager,Bruce Langsdon,at(303)239-4567. In order for us to better assure our ability
to release funds as of October 1, 2011, please return all the materials requested in this letter
to the Office of Adult& Juvenile Justice Assistance (OAJJA) by the end of the month.
Sincerely,
WV'
Meg Wims
Program Administrator
Enclosures
DCJ FORM 30
CERTIFICATION OF COMPLIANCE WITH REGULATIONS
OFFICE FOR CIVIL RIGHTS,OFFICE OF JUSTICE PROGRAMS
FOR SUBGRANTS ISSUED BY THE COLORADO DIVISION OF CRIMINAL JUSTICE
INSTRUCTIONS: Complete the identifying information, which is found on the Statement of Grant Award(SOGA), in the
table below. Read the form completely, identifying the person responsible for reporting civil rights findings;and checking
only the one certification under "II"that applies to your agency. Have your Authorized Official sign at the bottom of page
2,forward a copy to the person you 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.
Grant# Grant Project Title:
Subgrantee Name(Funded Entity):
Address:
Duration:Beginning date: End date: Award: $
Project Director's Name&Phone#:
Person responsible for reporting civil rights findings of discrimination: (Name,address& phone)
AUTHORIZED OFFICIAL'S CERTIFICATION: As the Authorized Official for the above Subgrantee, I certify, by my
signature below,that I have read and am fully cognizant of our duties and responsibilities under this Certification.
I. REQUIREMENTS OF SUBGRANT RECIPIENTS: All subgrant recipients(regardless 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.
♦1 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.
II. EQUAL EMPLOYMENT OPPORTUNITY PLAN(EEOP)CERTIFICATIONS: Check the box before ONLY THE ONE
APPROPRIATE CERTIFICATION (A,B, or C below)that applies to this subgrantee agency during the period of the grant
duration noted above.
O CERTIFICATION "A" [NO EEOP IS REQUIRED 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 grant from the Colorado Division of Criminal Justice less than$25,000 in federa
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 42.301, et sec
(CONTINUED ON REVERSE SIDE)
Colorado Division ofCriminalJustice Page 1 of 2 Rev.9/2010
DCJ FORM 30:
CERTIFICATION OF COMPLIANCE WITH REGULATIONS,
OFFICE FOR CIVIL RIGHTS,OFFICE OF JUSTICE PROGRAMS (Continued)
II. EQUAL EMPLOYMENT OPPORTUNITY PLAN(EEOP)CERTIFICATIONS: (Continued)
El CERTIFICATION "B" (EEOP MUST BE ON FILE)
This funded entity,as a for-profit entity or a state or local government having 50 or more employees, is receiving,through
this grant from the Colorado Division of Criminal Justice,more than$25,000,but less than$500,000 in federal U.S.
Department of Justice funds.
Therefore, I hereby certify that the funded entity has formulated an Equal Employment Opportunity Plan in accordance
with 28 CFR 42.301, et seq., subpart E,that it has been signed into effect within the last two years by the proper authority
and disseminated to all employees,and that it is on file for review or audit by officials of the Division of Criminal Justice
or the Office for Civil Rights,Office of Justice Programs as required by relevant laws and regulations.
O CERTIFICATION "C" (EEOP MUST BE SUBMITTED)This funded entity,as a for-profit entity or a state or local
government having 50 or more employees, is receiving,through this grant from the Colorado Division of Criminal
Justice,more than$500,000 in federal U.S. Department of Justice funds.
Therefore, I hereby certify that the funded entity will submit, within 60 days of the award,an EEOP or an EEOP Short
Form to the U.S. Department of Justice,Office for Justice Programs, Office for Civil Rights that will include a section
specifically analyzing the subgrantee(implementing)agency. (If you have already submitted an EEOP applicable to this
time period,send a copy of the letter received from the Office for Civil Rights showing that your EEOP is acceptable.)
As the Authorized Official for the above Subgrantee, I certify,by my signature below,that I have read and am fully cognizant of
our duties and responsibilities under this Certification. I, hereby, also certify that the content of this form, other than the data
entry required, has not been altered.
' (]!,1, 'Jr SEP 2 8 2011
[Authorized Official's signature] / / [Date
Barbara Kirkmeyer Chair
[Typed Name] [Title]
• • * r * * * * * *
This original signed form must be returned to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO
80215, within 45 days of the grant award beginning date. You must also forward a signed copy to the person identified in the
box above. DCJ will forward a copy to the Office for Civil Rights, Office of Justice Programs, US. Department of Justice.
Colorado Division of Criminal Justice Page 2 of 2 Rev.9/2010
G//-a955CP
OF•Co
s".cts�> COLORADO DIVISION OF CRIMINAL JUSTICE
Per l$,
*) STATEMENT OF GRANT AWARD• (SOGA)CoverdECEIVED gy
• "Ian
OCT 05 201)
FEDI:RAI.PROGRAM INFORMATION Oaf
CFDA Number: 16_74? Oaf
Federal Agency:U.S.Department of Justice,National Institute of Justice
Federal Award Name and Number: Paul Coverdell National Forensic Sciences Improvement,a 201 I-CD-BX-0006
Subgrantee Agency Name: Weld Counts.Sheriffs Department
Project Director: Mr.Ronald Arndt
Project Director Address: Weld County,Sheriffs Department
1950"O"Street
Greeks, CO 80631
Grant Number: I I-DN-01-3-I
Project Title: Northern Colorado Regional Forensic Lab Training
Grant Period: 141/3011 to 9/30/2012
Date Issued: 9'2/2011
In accordance with provisions of the Colorado Revised Statutes§24-33.5-502.the Division of Criminal Justice hereby awards a grant
to the above-named subgrantee. The attached grant application.including Special Provisions and Certified Assurances,is
incorporated herein as a part of this document.
APPROVED BUDGET
Budget Category Federal Cash Match Total
Personnel S0.00 $0.00 $0.00
Supplies and Operating 86.645.00 $0.00 $6.645.00
•
Travel $5,840.00 $0.00 $5.840.00
*Equipment S0.00 $0.00 $0.00
•Professional Services 86.600.00 $0.00 $6.600.00
Confidential Funds $0.00 $0.00 $0.00
TOTAL BUDGET $19,085.00 $0.00 519,085.00
"Purchase of equipment requires prior completion and approval of DCJ Form 13.
"Professional services require prior completion and approval of IXJ Form 16.
SPECIAL CONDITIONS:
I. I he recipient shall submit to Division of Criminal Justice.who will then forward to Bureau of Justice Statistics,one copy of
all reports and proposed publications resulting from this agreement thirty(30)days prior to public release. Any written.
visual,or audio publications,with the exception of press releases whether published at the grantee's or government's
expense.shall contain the following statements:
Version 5'05
)1://-
ul J
Statprnent of Grant Award (SOGA)
"This project was supported by Grant No. 2011-CD-BX-0006 awarded by the National Institute of Justice, Office of
Justice Programs, U.S. Department of Justice. The National Institute of Justice is a component of the Office of Justice
Programs, which also includes the Bureau of Justice Assistance,the Bureua of Justice Statistics, the Office of Juvenile
Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions in this document
are those of the author and do not represent the official position or policies of the United States Department of Justice."
2. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board
approval,if appropriate,and subject informed consent.
3. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and C.F.R.Part 22 that are
applicable to collection,use,and revelation of data or information. Grantee further agrees,as a condition of grant approval,
to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular,section 22.23.
4. Express written approval from the Division of Criminal Justice must be secured by the Subgrantee prior to the use of any
federal funds,either directly or indirectly, in support of enactment,repeal,modification or adoption of any law,regulation or
policy,at any level of government.
5. The subgrantee must submit to the Division of Criminal Justice one copy of your most recent A-133 audit or financial
review, including any management report or other auditor comments,by November 30,2011.
INSTRUCTIONS
1. Grant activities must be based on the approved budget shown on page one of this Statement of Grant Award,and the
approved detailed budget(s)within the attached application,which supersedes any earlier budget request submitted,and
which may be different from the budget originally submitted in your application. The subgrantee must secure prior written
approval from DCJ if there is to be a change in any budget category(see DCJ Form 4-A).
2. The Financial Officer of the project must be provided a copy of this document in order to adequately prepare the necessary
financial reports.
3. The subgrantee agrees that the attached grant application, including"Special Provisions and Certified Assurances", is
hereby incorporated by reference as part of this grant award. Review carefully the Special Provisions and Certified
Assurances contained in the approved grant application.
4. Review carefully the current applicable Administrative Guide of the Division of Criminal Justice for this grant program,that
includes procedures regarding this document,draw-down of grant funds,reporting requirements and requesting grant
modifications.
5. This grant award shall be effective upon the intended start date(as set out in the grant period shown on page 1 of this
SOGA);however final approval by the State Controller or designee,is required.
6. This grant award may be voided in whole without further cause if it is not signed by the subgrantee's Authorized Official and
returned to the Division of Criminal Justice within 45 days of the date of issuance.
7. The signature of the Authorized Official below should be the same as the one on the grant application. The subgrantee must
promptly notify the Division of Criminal Justice of any changes in the Authorized Official, Project Director,or Financial
Officer,by completing and submitting DCJ Form 4-B. (If changes have already occurred,submit completed DCJ Form 4-B
with this document).
Version 8/08
Page 2 of
Statement of Grant Award (SOGA)
ADDITIONAL DCJ REQUIREMENTS
(I) Commencement within 60 Days. If a project is not operational within 60 days of the start date of the grant period,the
subgrantee must report the following by letter to the Division of Criminal Justice:
a. the steps taken to initiate the project;
b. the reasons for delay;and,
c. the expected starting date.
(2) Operational Within 80 Days. If a project is not operational within 80 days of the original start date of the grant period,the
Division of Criminal Justice may begin termination or reduction in grant award proceedings as described in"Special
Provisions&Certified Assurances", Section entitled"Termination or Reduction in Grant Award."
(3) All subgrants are conditioned on the ability to report to the Division of Criminal Justice all the information contained on the
DCJ quarterly narrative and financial reporting forms,which are provided with this SOGA. Technical assistance is available
upon request.
(4) These funds cannot be guaranteed beyond the end date of the grant period on page 1 of this SOGA. Unexpended funds
remaining at the end of the grant period must be returned to the Division of Criminal Justice.
RETURN:
ALL SETS of the Statement of Grant Award with ORIGINAL SIGNATURES to: Division of Criminal Justice,Office of Adult and
Juvenile Justice Assistance, 700 Kipling Street, Suite 1000,Denver,CO 80215. After other required signatures are obtained,the
white SOGA copy with approved application will be returned to your Project Director.
Version 8/08
Page 3 of
Statement of Grant Award(S(XCA)
Grant Routing Number 3234?
THE PARTIES HERETO HAVE EXECUTED THIS BINDING SUBGRANT AWARD
•Persons signing for Subgrantee hereby swear and affirm that they are authorized to act on Subgrantee's behalf and
acknowledge that the State is relying on their representations to that effect.
SUBGRANTEE: STATE OF COLORADO:
Weld County, Colorado JOHN W.HICKENI.WPER.GOVFRNOR
Legal Name of.Snhgranlee Agency
•
B !(1 6k �..� t . ki4 . r g
By• /*S/GVATURE of Authorized O4cial y IREC C'olora o Division of C'riminal,hnelice
JEANNE M.SMITH
Barbara Kirkmeyer, Chair Print R'ante& Title of 1 tahorired Official Date Signed: -rO 7—! '71
Date Signed: SEP 26 2011
STATE OF COLORADO LEGAL REVIEW:
See Contract Routing Waiver a N/A
/or.if tool waived)
John W.Suthers.Attomey General
By:
Signature-Assistant Attorney General
Date Signed:
ALL CONTRACTS &SUBGRANT AWARDS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts.This subgrant award is not valid until
signed and dated below by the State Controller or delegate. If performance begins prior to the date below,the State of
Colorado may not he obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
David J.McDermott,CPA
By: C.—
Date Signed: )C(II I)
Version Mat
Rage 4 et
COLORADO DIVISION OF CRIMINAL JUSTICE
2011 COVERDELL GRANT APPLICATION
SECTION I - APPLICANT INFORMATION
PROJECT TITLE: Northern Colorado Regional Forensic Laboratory-Training needs
APPLICANT Weld County Sheriffs Office
AGENCY:
Address 1950 O Street City, ZIP Greeley 80631
Contact Ronald E Arndt E-mail rarndt@co.weld.co.us
Name
Telephone (970)356-4015 ex 3638 FAX (970)304-6447
Type of government (check one): ❑City/Town x County ❑State
Federal Employer ID �
Number y <<h
8 4 6 0 0 0 8 1 3 ,
PROJECT DURATION: From: 10/1/11 To: 9/30/12
TOTAL GRANT REQUEST: $19,085.00
PROJECT ABSTRACT
The Northern Colorado Regional Forensic Lab (NCRFL) is a consortium of 5 law enforcement agencies
combining staff, along with CBI staff housed in Greeley, providing forensic services to the Northern
Colorado regions, specifically to the agencies in the group. The lab is working toward ISO 17025
accreditation, and CBI is assisting in the process of achieving that goal. One of the critical needs in that
process is to bring the agencies' analysts staffed in the region to the same level of certification and
training. At this time there are three analysts in latents that are not certified latent print examiners by IAI.
In addition, there are analysts in the digital media section is seeking certification within the sub-
disciplines. As part of the certification process there are classes they are required to attend to achieve
their goals, as well as a class needed by other analysts to maintain their certification.
Finally the lab director and the technical leaders need to retain their understanding of the accreditation
process and maintain membership in organizations that will assist them in the accreditation application
process as well as in preparing for the pre-audit and audit process. The overall goal of this project is to
prepare the staff from Lab Director on down for an up-coming ISO accreditation process as well as to
bring staff to the same level of training and certification.
PURPOSE AREA: I ® Forensic Science Improvement Itialin .,:t., ::..
PROJECT ELIGIBILITY:
The Paul Coverdell program is an on-going program funded through the National Institute of Justice and
is focused on improving the quality and timeliness of forensic science activities within the state. Funded
projects must establish their applicability toward meeting the priorities established within the State of
Colorado's Forensic Science Improvement Plan as well as eligibility and funding priorities established by
the National Institute of Justice solicitation for 2011 Coverdell Grant funds.
Application Due Date: March 10, 2011 . .
Submit your application to: App#
Division of Criminal Justice
Attn: OAJJA— Bruce Langsdon Grant# —9 / — / -3 -
700 Kipling Street, Suite 1000 a
Denver, CO 80215 Award Amount / 013
1
Colorado Division of Criminal Justice
Coverdell Subgrant Application(2011
SECTION II - PROJECT DESCRIPTION
1. PROBLEM STATEMENT
The National Academy of Sciences provided to the United States Congress an
extensive report on the state of forensic sciences in the United States. A primary
challenge issued by Congress in response to the study was to develop ways to
improve the quality of forensic laboratory services. Specifically, addressed was the
requirement that forensic laboratories need to be accredited, and as an impetus to
get forensic laboratories to respond, they are requiring that laboratories seeking
federal grant dollars either be accredited or seek laboratory accreditation. The
NCRFL is working in partnership with the CBI to attain ISO 17025 accreditation by
October 1, 2014; not primarily to have access to grant funds, but rather to provide
the community it serves (Weld and Larimer Counties) with the highest quality of
service and work product. In order to achieve this goal the forensic scientists
within the laboratory need to attain a certain level of expertise, become certified
at the national level by a recognized certifying body within their discipline and
once certified, maintain that level by attending continuing education courses.
There are funds within each of the 5 agencies involved in the NCRFL to assist in
this process, however not to the extent that will allow the scientists to attain and
maintain the required levels of certification. In addition, the lab director needs to
attend meetings and trainings to assist in leading and directing the laboratory in
its pursuit of ISO 17025 accreditation.
2. ACCREDITATION
The Northern Colorado Regional Forensic laboratory is working in partnership with
the Colorado Bureau of Investigation to attain ISO 17025 accreditation by October
1, 2014. The laboratory was accredited in Controlled Substances under the
ASCLD/LAB Legacy program. It is now seeking to attain this accreditation for the
disciplines of Digital Media, Latent Prints, Shoe and Tire Tracks and Firearms. A
key component in the accreditation audit is a review of the staff's knowledge, skills
and abilities (ASCLS/LAB International Supplemental Requirements 5.2.1.1)
through a thorough review of their training, competency testing and proficiency
testing. There is also a specific requirement for training in courtroom testimony
(5.2.1.2) that is also a requirement for certification within each member'
discipline.
3. GOALS AND OBJECTIVES
GOAL #1: Provide training to current staff in order to achieve a mandatory level
of training as prescribed in each discipline and or to provide the training needed
for certification or recertification.
OBJECTIVE # 1: The analysts identified will attend and complete all required
reading, exams, work, etc. mandated for the training attended.
2
Colorado Division of Criminal Justice-
Coverdell Subgrant Application(2011)
ACTIVITIES: Attend class and complete all required reading and exams.
PERFORMANCE MEASURES FOR OBJECTIVE # 1: A list of the analysts that
successfully complete the training /coursework and pass the exams or receives a
certificate from training source will be made and maintained.
DATA TO BE PROVIDED FOR OBJECTIVE # 1: The number of forensic scientists
that successfully complete their work and receive a Certificate of completion.
OBJECTIVE #2: The analysts identified will complete all required reading, exams,
and work required to complete Encase/Guidance Software certification
requirements.
ACTIVITIES: Register and complete all required certification exams and
mandatory activities.
PERFORMANCE MEASURES FOR OBJECTIVE # 2: A list of the analysts that
successfully complete the readings, exams and work and pass the exam for
certification will be made and maintained.
DATA TO BE PROVIDED FOR OBJECTIVE # 2: The number of forensic scientists
that successfully complete their work and receive a Certificate.
GOAL #2: Provide membership and meeting opportunities for the lab director to
assist the director in planning and preparation for ISO 17025 accreditation.
OBJECTIVE #1: Attend the ASCLD 2012 annual meeting.
ACTIVITIES: Attend applicable workshops and complete all required reading and
exams.
PERFORMANCE MEASURES FOR OBJECTIVE # 1: Attend meeting. Prepare
summary document for staff and Northern Region lab Group.
DATA TO BE PROVIDED FOR OBJECTIVE # 1: Date and number of attendees
for the ASCLD meeting.
4. PROJECT PLAN
The first step in the process has begun that of identifying the needs of the
analysts. Training folders have been compiled and the lab director has reviewed
the files along with the assistance of the technical leaders. Training needs have
been identified for each analyst, as well as other requirements to obtain or retain
certification.
In order to optimize the funds, training that can be done on site at a reduced cost
will be set up to allow for maximum exposure of all analysts in need of training.
3
Colorado Division of Criminal Justice
Coverdell Subgrant Application(2011,
Contact has been made of a source for courtroom training for the expert witness
as noted in the ASCLS/LAB International Supplemental Requirements 5.2.1.2.
This onsite training will be set-up in the Winter/Spring of 2012 in Northern
Colorado and will meet the need of all staff members within the Northern Region
Laboratory, as well as other county laboratories needing this training.
Specific training has been identified for newer analysts that will be available within
the time frame of the grant period. Once the money is awarded the analysts
indentified will be notified, will register for the class and meet the training
requirements of the class. Finally, those analysts in need of Encase certification
will register upon meeting the minimum requirements, and start the certification
process. They will complete their certification requirements by September 30,
2012. The final goal/objective is to be completed in September of 2012. ASCLS
holds its annual meeting in September and the lab director will register and attend
that fall meeting.
The overall plan and design is to optimize the funds available to attain ISO 17025
standards, which includes a management system that is effective and functional,
as well as a staff that meets those minimum requirements at the time of the audit.
The goal is than to raise the level of each analyst to a higher standard, maintain
that higher level of knowledge, skills and ability, and support the lab director in his
efforts to attain ISO17025 accreditation.
5. PROJECT OUTCOMES (EXPECTED RESULTS)
Forensic analysis is only as good as the level of training and expectation of the
forensic laboratory. Obtaining ISO 17025 standards adds a level of credibility to
the laboratory and to the analysts that are performing testing in the lab. It does
not guarantee that the work product on a given case meets that same level of
quality, unless the analysts performing the work are certified and trained in a
manner that allows for and expects only the best from each analyst. By providing
the stimulus to reach toward a higher standard and giving the analyst the
opportunity to perform at that level, the quality of the forensic work will
subsequently rise to that higher level. As a result the communities can be assured,
that high quality, unbiased forensic work is being performed by an accredited
forensic laboratory on the evidence submitted to the lab by the participating law
enforcement communities. As the laboratory strives toward the goal of
accreditation and bringing the level of training and expertise to its staff than there
will be an improved confidence on the part of the community toward the lab,
assurances to the justice system that the quality of the work performed is at a
high level, and the safety of the public will be addressed as criminals and their
activities are removed from the streets.
6. IMPLEMENTATION APPROACH
Upon receipt of the funds, contact will be made to set up a class in Expert Witness
Training for the winter/spring of 2012. To save money and ensure maximum
exposure of this information to the entire staff, the laboratory will serve as the Co-
host of the training, and if room is available will offer to other laboratory staff in
4
Colorado Division of Criminal Justice-
Coverdell Subgrant Application(2011)
nearby counties that will need this training as well.
At the same time, dates for registration will be determined for each analyst as
noted in the budget narrative and when funds are released registration will occur
within 30 days if possible or as soon as the agency offering the class opens up
registration. The Encase registration for certification will also be done as soon as
the analysts meet the minimum requirements for certification. All 3 analysts will
be able to do that within the grant period, to include completion of the certification
process by September 30, 2012.
s
Colorado Division of Criminal Justice-
Coverdell Subgrant Application(2011)
SECTION III - CERTIFICATIONS
There are 3 (three) certifications that must be reviewed and signed by the Authorized
Official of the applicant agency for these funds. Applicants are expected to review the
requirements of each certification carefully before determining whether the certification
may be properly made. Any certification that is submitted must be executed by an
official who is both familiar with the requirements of the certification and authorized to
make the certification on behalf of the applicant agency (that is, the agency applying
directly to NI)). In addition to submitting the required signed certifications
answer the three questions below.
1. PLAN FOR FORENSIC SCIENCE LABORATORIES
Weld County Sheriff's Office will be the unit of local government that developed
the plan and will guide its implementation and completion. The plan will cover the
time period of October 1, 2011 to September 30, 2012.
2. GENERALLY ACCEPTED LABORATORY PRACTICES AND
PROCEDURES
The Northern Colorado Regional Forensic Laboratory has used as guides in the
development of its procedures and practices the procedures and practices of the
Colorado Bureau of Investigation (Latents, Shoe and Tire Tracks, Digital Media)
and the Wyoming State Crime Lab (firearms). In addition it has sought guidance
from the Scientific Working Group's (SWGIT, SWGFAST, SWGDE, and SWGTREAD)
papers and documents as well as those from the International Association of
Identification, in the preparation of training as well as procedures and practices. In
addition, the NCRFL is working with the CBI in the implementation of an MOU that
would allow the NCRFL to use the CBI Laboratory Services Quality System and
related Operation Manuals within its laboratory.
3. EXTERNAL INVESTIGATIONS
The certification regarding external investigations has a number of requirements,
each of which must be satisfied before the certification may be made. The official
authorized to make the certification on behalf of the applicant agency must review
each of the statutory elements and this guidance carefully before determining
whether a certification may be properly made.
Provide a detailed explanation of the applicant agency's process for ensuring an
independent external investigation (by a government entity) would be conducted
in the event that an allegation of serious negligence or misconduct substantially
affecting the integrity of the forensic results occurs. Also the name of the external
government entity that would conduct the investigation must be provided.
(Provide the signed certification as part of the application submitted.)
6
Colorado Division of Criminal Justice-
Coverdell Subgrant Application(2011)
The Northern Colorado Regional Forensic laboratory is comprised of 5
different law enforcement agencies, with staff for each agency participating
in the duties, as defined by their training and authorization.
The NCRFL is developing an MOU with the CBI as part of the accreditation
process, and that MOU addresses the issues of the quality of the laboratory
work performed by that laboratory. In the event that the work of a specific
analyst comes into question the Laboratory Director would be notified. A root
cause analysis will be done as part of the process to assess the
claims/charges and determine if the allegations have foundation. The CBI's
quality assurance manager will be part of that review process as will the
analyst in question's agency's internal affairs/professional standards
department. Depending upon the seriousness of the allegation, there could
be two separate investigations being performed.
Once the root cause analysis is completed by the laboratory and consultation
with the agency's internal affairs/professional standards department has
been completed a determination will be made as to the next level of
investigation that may need to be done. If the level of seriousness rises to
the point of an independent investigation then the agencies internal
affairs/professional standards department will obtain assistance from an
independent agency.
7
Colorado Division of Criminal Justice
Coverdell Subgrant Application(2011:
SECTION IV — BUDGET
PROJECT NAME: Northern Colorado Regional Forensic Laboratory-
Training needs
A. PERSONNEL/OVERTIME
TOTAL
Subtotal $0
B. SUPPLIES AND OPERATING (e.g., office supplies,
software (regardless of cost), training materials, research TOTAL
forms, telephone, tuition, normal equipment maintenance
contracts, postage, etc.)
Encase Advanced training by Guidance Software one person: $2,095
Tuition-$ 2095;
LEVA II computer training one person: Tuition $1,700; $1,/UU
Photographic and video comparison/Forensic Imaging $ 1,500
Techniques one person Tuition-$ 1500
ASCLD annual conference one person Registration $750 $ /50
Encase certification registration: $200 per person , 3 analysts $ 6UU
Subtotal $6,645
C. TRAVEL (Itemize travel expenses for project personnel by TOTAL
purpose (e.g., to attend training sessions, to transport clients,
etc.)
Encase Advanced training by Guidance Software one person: $1,460
Airfare $350; Misc travel(parking, cab) $ 120; Meals $ 240 (6
days); lodging $750 (5 days)
LEVA II computer training one person: Airfare $350; Misc travel $1,460
(parking, cab) $ 120; Meals $ 240 (6 days); lodging $750 (5
days)
Photographic and video comparison/Forensic Imaging $1,460
Techniques one person: Airfare $350; Misc travel (parking,
cab)$ 120; Meals $ 240 (6 days); lodging $750 (5 days)
ASCLD annual conference one person :Airfare $350; Misc $1,460
travel (parking, cab)$ 120; Meals $ 240 (6 days); lodging $750
(5 days)
Subtotal $5840
8
Colorado Division of Criminal Justice-
Coverdell Subgrant Application(2011)
D. EQUIPMENT (per unit cost greater than $5,000 and
expected durability greater than one year) TOTAL
Subtotal $0
E. CONSULTANT AND PROFESSIONAL SERVICES
TOTAL
Jon Smith and Associates - Expert Witness Courtroom $b,6UU
Testimony
Subtotal $6,600
TOTAL FEDERAL FUNDS REQUESTED $19,085.
00
BUDGET NARRATIVE
Provide a narrative explanation for each item to be funded by
category. Include how the amount was derived. Example 3
screws @ $5/ea = $15.00
A. PERSONNEL
No request
B. TRAVEL
Request for $5,840
See Supplies and Operating for the justification for the costs
requested. The travel is linked to the specific requests as noted
below.
Description Days or Cost Total
event
These costs are estimates as the
specific locations for some training
has not been determined
Encase advanced training
Airfare 1 $350 $350
Parking, cabs, miscellaneous travel 1 $120 $120
fees
Meals 6 $ 40 $240
Lodging 6 $150 $750
9
Colorado Division of Criminal Justice-
Coverdell Subgrant Application(2011)
Sub- $1,460
total
LEVA II training
Airfare 1 $350 $350
Parking, cabs, miscellaneous travel 1 $120 $120
fees
Meals 6 $ 40 $240
Lodging 6 $150 $750
Sub- $1,460
total
Photographic and video
comparison/Forensic Imaging
Techniques
Airfare 1 $350 $350
Parking, cabs, miscellaneous travel 1 $120 $120
fees
Meals 6 $ 40 $240
Lodging 6 $150 $750
Sub- $1,460
total
ASCLD
Airfare 1 $350 $350
Parking, cabs, miscellaneous travel 1 $120 $120
fees
Meals 6 $ 40 $240
Lodging 6 $150 $750
Sub- $1,460
total
TOTAL $5,840
C. EQUIPMENT
No request
D. SUPPLIES and OPERATING
Request for $6,645
The discipline of digital media requires several trainings courses
to be completed in order to correctly and effectively use the
software developed to assist the laboratory in the investigation of
computer crimes. EncaseTM is one of two software tools used to
extract and analyze data from computers submitted to the
laboratory. In addition, in order to be certified in the use of
Encase'"' the advance course must be completed. Two analysts
have done that so they are ready to proceed through the
10
Colorado Division of Criminal Justice-
Coverdell Subgrant Application(2011)
certification process, the third will be able to do so on completion of
the EncaseTM Advanced Training. The request involves first finds to
train the third analyst in the Encase' software and then to have all
three take the certification exams.
Another analyst has just begun the process of training in digital
media-audio/visual and is in need of several classes to prepare him
for certification within his discipline. One of those is the LEVA level
II training, the other is a combined course in the use of software
designed to enhance photographs. The course is specific to the
forensic discipline and both are part of a core curriculum for
certification in the discipline.
Finally, the lab director must maintain his knowledge of the
disciplines over which he supervises, stay abreast of current topics
and issues within the forensic science community and continue to
develop and hone his supervisory skills. ASCLD is a profession
organization of forensic laboratory directors that meet annually to
address the needs of the community nation-wide. This meeting
offers the necessary source of information and ideas to allow the
laboratory to stay with the rest of the community on issues and
concerns facing the forensic sciences.
Description Number of Cost Total
personnel
Encase advanced training 1 $2,095 $2,095
Encase Certification exam 3 $200 $600
LEVA II 1 $1,700 $1,700
Photographic and video 1 $1,500 $1,500
comparison/Forensic Imaging
Techniques
ASCLD: Registration 1 $750 $750
TOTAL $6,645
E. PROFESSIONAL SERVICES
Request for $ 6,600
The disciplines of digital media and latent prints require, as
part of their certification process or re-certification training in expert
witness training. This training covers several aspects of the courtroom
process, from pre-trail meetings, motions hearings, preparation of
court charts and other material as well as courtroom demeanor,
responding to questions and courtroom procedures. The goals are to
provide a better communicator to the Trier-of-fact. Courses are offered
nationally at a cost of over $1,500 per person attending when all costs
are considered. With 12 staff members this is cost prohibitive.
11
Colorado Division of Criminal Justice-
Coverdell Subgrant Application(2011)
However by paying the full price of the course and bringing the class
to the lab, the cost of the class is only $6,600; a savings of over
$11,000.
Description Cost Total
Expert Witness Testimony - Ron 1 $6.600 $6,600
Smith and Associates This is a flat
rate that covers all airfare, hotel
costs, and meals for the vendor
providing the training.
TOTAL $6,600
TOTAL $19,085.00
12
Colorado Division of Criminal Justice-
Coverdell Subgrant Application(2011)
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
NATIONAL INSTITUTE OF JUSTICE
FY2011 Coverdell Forensic Science Improvement
Grants Program
Certification as to Plan for Forensic Science Laboratories -
Application from a Unit of Local Government
On behalf of the applicant agency named below, I certify the following to the
National Institute of Justice, Office of Justice Programs, U.S. Department of
Justice:
The unit of local government has developed a plan for
forensic science laboratories under a program intended to
improve the quality and timeliness of forensic science or
medical examiner services provided by the laboratories
operated by the applicant unit of local government and any
other government-operated laboratories within the State
that will receive a portion of the grant amount.
I have authority to make this certification on behalf of the applicant agency.
/
.. j
Signature of Certifying Official
Printed Name of Certifying Official
Title of Certifying Official
(_ O Li/Ji �`,`1 t,, 1 S 11`i /<
Name of Applicant Agency
Name of Applicant Unit of Local Government
Date /
13
Colorado Division of Criminal Justice-
Coverdell Subgrant Application(2011)
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
NATIONAL INSTITUTE OF JUSTICE
FY2011 Coverdell Forensic Science Improvement
Grants Program
Certification as to Generally Accepted Laboratory
Practices and Procedures
On behalf of the applicant agency named below, I certify the following to the
National Institute of Justice, Office of Justice Programs, U.S. Department of
Justice:
Any forensic laboratory system, medical examiner's office, or
coroner's office in the State, including any laboratory operated
by a unit of local government within the State, that will receive
any portion of the grant amount uses generally accepted
laboratory practices and procedures, established by accrediting
organizations or appropriate certifying bodies.
I have authority to make this certification on behalf of the applicant agency.
Signature of Certifying Official
Printed Name of Certifying Official
nc
Title of Certifying Official
Fri( Jr-
-Name of Applicant Agency
C F 7 urcr %✓
Name of Applicant State or Unit of Local Government
1
Date /
14
Colorado Division of Criminal Justice-
Coverdell Subgrant Application(2011)
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
NATIONAL INSTITUTE OF JUSTICE
FY2011 Coverdell Forensic Science Improvement
Grants Program
Certification as to External Investigations
On behalf of the applicant agency named below, I certify the following to the National
Institute of Justice, Office of Justice Programs, U.S. Department of Justice:
A government entity exists and an appropriate process is in place to conduct
independent external investigations into allegations of serious negligence or
misconduct substantially affecting the integrity of the forensic results
committed by employees or contractors of any forensic laboratory system,
medical examiner's office, coroner's office, law enforcement storage facility, or
medical facility in the State that will receive a portion of the grant amount.
I have authority to make this certification on behalf of the applicant agency.
Si n", ,v,/ ( . ,J
ature of Certifying Official
Printed Name of Certifying Official
C;, , j' ;__ _7,
Title of Certifying Official
Name of Applicant Agency
Name of Applicant State or Unit of Local Government
4/'& 6 'OL�I S'`fe•OFA 6�-/(F 2; e/L AFri1/4:)
Name of Investigating Agency
..3A7
Date
15
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page I of 14
Special Provisions and Certified Assurances must be submitted with the application Q'�2 t G
CHECK BELOW TO INDICATE WHICH CATEGORY BEST DESCRIBES YOUR AGENCY:
xxx Inter-Governmental Grant
Grant to a Colorado State Agency(Section A does not apply)
xxx 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 LEGISI,ATION FOR THIS GRANT PROGRAM.
Paul Coverdell Forensic Science Improvement Program. From the United States Department of Justice,National Institute of Justice,
under federal statutory authority part BB of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3797i ,
et. seq., as amended, and under applicable program rules and regulations established by said federal program office for the Paul
Coverdell Forensic Science Improvement Program.
A. STANDARD STATE SPECIAL PROVISIONS
Revised 1-1-09
1. CONTROLLER'S APPROVAL.CRS 24-30-202(1)
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
Updated January 2011
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 2 of 14
Special Provisions and Certified Assurances must be submitted with the application
SOLELY RESPONSIBLE FOR ITS ACTS OF ITS EMPLOYEES, INDEPENDENT SUB-CONTRACTORS AND
AGENTS.
5. COMPLIANCE WITH LAW.
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 no 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)8c 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
Updated January 2011
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 3 of 14
Special Provisions and Certified Assurances must be submitted with the application
Department of Labor and Employment. If the Subgrantee Agency 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
1. 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 1-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.
Updated January 2011
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 4 of 14
Special Provisions and Certified Assurances must be submitted with the application
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 federal 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 shall 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 I,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.
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
Updated January 2011
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 5 of 14
Special Provisions and Certified Assurances must be submitted with the application
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 Agency 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. 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.
iii. 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.
6. 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.
7. 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
Updated January 2011
•
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 6 of 14
Special Provisions and Certified Assurances must be submitted with the application
be final.
C. FEDERAL CERTIFIED ASSURANCES
1. FEDERAL PUBLIC POLICY ASSURANCES
a. The Subgrantee Agency hereby agrees that it will comply, and all of its contractors will comply with the applicable
provisions of
i. Title I of the Omnibus Crime Control and Safe Streets Act of 1968,as amended;
ii. The Juvenile Justice and Delinquency Prevention Act and/or the Victims of Crime Act,as appropriate;
iii. All other applicable Federal laws,orders,circulars,regulations or guidelines.
b. The Subgrantee Agency hereby agrees that it will comply,and all of its contractors will comply with the provisions
of 28 CFR applicable to grants and cooperative agreements including:
i. Part 18,Administrative Review Procedure;
ii. Part 22,Confidentiality of Identifiable Research and Statistical Information;
iii. Part 23,Criminal Intelligence Systems Operating Policies;
iv. Part 30, Intergovernmental Review of Department of Justice Programs and Activities;
v. Part 35,Nondiscrimination on the Basis of Disability in State and Local Government Services;
vi. Part 38,Equal Treatment for Faith Based Organizations;
vii. Part 42,Nondiscrimination/Equal Employment Opportunity Policies and Procedure;
viii. Part 61 Procedures of Implementing the National Environmental Policy Act;
ix. Part 63 Floodplain Management and Wetland Protection Procedures;and,
x. Federal Laws or regulations applicable to Federal Assistance Programs.
2. FINANCIAL& ADMINISTRATIVE MANAGEMENT
a. Subgrantee assures that it will comply with appropriate federal cost principles and administrative requirements
applicable to grants as follows:
i. For state,local or Indian tribal government entities;
a) 2 CFR Part 225, Cost Principles for State, Local & Indian Tribal Governments (codified at 28
CFR Part 66, by reference and(formerly known as OMB Circular A-87)
b) OMB Circular A-102, Common Rule-Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments
c) 28 CFR 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
h. For non-profit organizations;
a) 2 CFR Part 230, Cost Principles for Non-Profit Organizations(formerly known as OMB Circular
A-I22)
b) 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Nonprofit Organizations (codified at 28
CFR Part 70 and formerly known as OMB Circular A-110)
c) 28 CFR 70, Uniform Administrative Requirements for Grants and Cooperative Agreements with
Institutions of Higher Education, Hospitals, and other Non-Profit Organizations
Hi. For colleges and universities;
a) 2 CFR Part 220, Cost Principles for Educational Institutions (codified at 28 CFR Part 66, by
reference and formerly known as OMB Circular A-21)
b) 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Nonprofit Organizations(codfed at 28
CFR Part 70 and formerly known as OMB Circular A-110)
c) 28 CFR 70, Uniform Administrative Requirements for Grants and Cooperative Agreements with
Institutions of Higher Education, Hospitals, and other Non-Profit Organizations
iv. For each agency spending more than$500,000 per year in federal funds from all sources;
a) OMB Circular A-133,Audits of States, Local Governments and Nonprofit Organizations
b. The Subgrantee assures that it will comply with the provisions of the U.S.Department of Justice,Office of the Chief
Financial Officer, Office of Justice Programs,Financial Guide for Grants, current edition. (For practical purposes,
the requirements pertinent to the management of these funds have been extracted from the above documents and are
contained in 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
is ultimately responsible for compliance with applicable state and federal laws,rules and regulations.)
3. NON-SUPPLANTING OF FUNDS
a. The Subgrantee Agency certifies that any required matching funds used to pay the non-federal portion of the cost of
Updated January 2011
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SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 7 of 14
Special Provisions and Certified Assurances must be submitted with the application
this subgrant are in addition to funds that would have otherwise been made available for the purposes of this project.
b. The Subgrantee Agency certifies that federal funds made available under this grant:
i. Will not be used to supplant state or local funds;
ii. Where there is a reduced or unchanged local investment, then the Subgrantee Agency shall give a written
explanation demonstrating that the Subgrantee Agency's reduced or unchanged commitment would have
been necessitated even if federal financial support under this federal grant program had not been made
available.
4. CERTIFICATION REGARDING LOBBYING (Subgrantee Agencies receiving $100,000 or more in total federal funds
per year. See 28 CFR Part 69.)
The prospective Subgrantee Agency certifies,by submission of this proposal,that:
a. No federal funds received through this subgrant will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with the making of any federal grant, the entering into of any cooperative
agreement,and the extension,continuation,renewal,amendment,or modification of any federal grant or cooperative
agreement;and,
b. If any funds other than funds through this subgrant will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress,or an
employee of a member of Congress in connection with this subgrant, the prospective Subgrantee Agency shall
complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities."
5. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION (Subgrantee Agencies receiving$100,000 or more in total federal funds per year. See, 28 CFR Part 6)
The prospective Subgrantee Agency certifies, by submission of this proposal, that neither it nor its principals, subcontractors
or suppliers:
a. Are presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded from participation in this transaction by any Federal
department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State,or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records,making false statements,or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State,or
local)with commission of any of the offenses enumerated in paragraph(5)(b)of this certification;and
d. Have not within a three-year period preceding this application had one or more public transactions(Federal,State,or
local)terminated for cause or default;and
e. Where the prospective Subgrantee Agency is unable to certify to any of the statements in this certification,he or she
shall attach an explanation to this application.
6. CERTIFICATION REGARDING DRUG FREE WORKPLACE(See, 28 CFR Part 67, Subpart F.)
The prospective Subgrantee Agency certifies, by submission of this proposal, that it will comply with the Drug Free
Workplace Act of 1988,as implemented at 28 CFR Part 67,Subpart F.
7. CIVIL RIGHTS COMPLIANCE (See,28 CFR Part 42.)
a. Upon award, each Subgrantee Agency will be provided DCJ's Form 30, entitled "Certification of Compliance with
Regulations Regarding Federal Civil Rights Requirements and Equal Employment Opportunity Plans (EEOP), and
will be required to do the following:
i. The Project Director must submit the form to the Subgrantee Agency's Authorized Official for this grant;
ii. The Authorized Official must review the form in conjunction with subgrant agency personnel responsible
for reporting civil rights findings of discrimination;
Hi. The Authorized Official must accurately complete the required information and provide all information
requested;
iv. The Authorized Official must provide an original signature on the form as indicated;and,
v. The DCJ 30 Form with original signature must be returned to the Division with the Statement of Grant
Award(SOGA).
b. Any subgrant agency findings of discrimination must be reported to the Division of Criminal Justice within 45 days
of receipt of this grant award, and to the Office for Civil Rights, Office of Justice Programs, U.S. Department of
Justice.
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SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 8 of 14
Special Provisions and Certified Assurances must be submitted with the application
8. NON-DISCRIMINATION
The following federal non-discrimination cites apply in particular: the nondiscrimination requirements of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended; Title VI of the Civil Rights Act of 1964; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A,Title II of the Americans with Disabilities Act of 1990,42 U.S.C. 12101,
et. seq. and Department of Justice Regulations on Disability Discrimination, 28 CFR Part 35 and Part 39;Title IX of the
Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination
Regulations 28 CFR Part 42, Subparts C, D,E, and G; and Executive Order 11246, as amended by Executive Order 11375,
and their implementing regulations,41 CFR Part 60.1 et. seq.,as applicable to construction contracts.
9. NATIONAL ENVIRONMENTAL POLICY ACT(NEPA)AND NATIONAL HISTORIC PRESERVATION ACT
(NHPA)COMPLIANCE (42 USC§§4321-4370 and 16 USC§470)
a. The Subgrantee Agency agrees to assist the Division of Criminal Justice and the Office of Justice Programs, U.S.
Department of Justice, in complying with the National Environmental Policy Act,the National Historic Preservation
Act (NHPA) and other related federal environmental impact analyses requirements in the use of these grant funds
either directly by the Subgrantee Agency or by a subcontractor. As long as the activity needs to be undertaken in
order to use these grant funds,this NEPA requirement first must be met whether or not the activities listed below are
being specifically funded with these grant funds.The activities covered by this special condition are:
b. New construction;
c. Minor renovation or remodeling of a property either listed on or eligible for listing on the National Register of
Historic Places,or located within a 100-year flood plain;
d. Renovation, lease or any other proposed use of a building or facility that will either result in a change in its basic
prior use,or significantly change its size.
e. Implementation of a new program involving the use of chemicals other than chemicals that are either purchased as
an incidental component of a funded activity and traditionally used, for example, in office, household, recreational
or educational environments.
10. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (This provision applies only to entities that
provide medical care and treatment)
a. The Subgrantee Agency acknowledges that it is a covered health care provider under the Health Insurance
Portability and Accountability Act, 42 U.S.C. 1320d-1320d-8, and its implementing regulations and agrees to
comply with the requirements of I-IIPAA concerning any uses and disclosures of protected health information.
11. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITIONS ACT OF 1970 (Government
Entities Only)
The prospective Subgrantee Agency certifies,by submission of this proposal,that it will comply with the requirements of the
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970,which govern the treatment of persons displaced
as a result of federal and federally-assisted programs.
12. POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES(5 U.S.C.§§1501-1508 and§§ 7324-28
—applies to Government Entities Only)
The prospective Subgrantee Agency certifies, by submission of this proposal, that it will comply with requirement of 5
U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State and local government employees whose
principal employment is in connection with an activity financed in whole or part by federal assistance.
D. 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. These requirements are more likely to change from year to year than the special provisions and federal
certified assurances shown above,and usually vary across offices within the Division.
1. Right of Privacy for Recipients of Services and Sharing of Information
The prospective Subgrantee Agency certifies,by submission of this proposal,that
a. Pursuant to Section 223(a)(18) of the JJDP 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
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SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 9 of 14
Special Provisions and Certified Assurances must be submitted with the application
agencies pursuant to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Section 1232g), as
amended by the Improving America's Schools Act of 1994 (IASA). FERPA allows schools to play a vital role in a
community's efforts to identify children who are 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 of Records and Information Act," 19-
1-301 et seq.,Colorado Revised Statutes(1996),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 interest.
E. GENERAL PROVISIONS
I. 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, §24-103.5-101 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 §24-103.5-10I, 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.
Updated January 2011
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 10 of 14
Special Provisions and Certified Assurances must be submitted with the application
State of Colorado
Supplemental Provisions for
Federally Funded Contracts,Grants,and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006(FFATA),As
Amended
As of 10-15-10
The contract,grant,or purchase order to which these Supplemental 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 Supplemental Provisions,the Special Provisions,the contract or any attachments or
exhibits incorporated into and made a part of the contract,the provisions of these Supplemental
Provisions shall control.
1. Definitions.For the purposes of these Supplemental Provisions,the following terms shall have the
meanings ascribed to them below.
1.1."Award"means an award of Federal financial assistance that a non-Federal Entity receives or
administers in the fonn of:
1.1.1.Grants;
1.1.2.Contracts;
1.1.3.Cooperative agreements,which do not include cooperative research and
development agreements(CRDA)pursuant to the Federal Technology Transfer Act
of 1986,as amended(15 U.S.C.3710);
1.1.4.Loans;
1.1.5.Loan Guarantees;
1.1.6.Subsidies;
1.1.7.Insurance;
1.1.8.Food commodities;
1.1.9.Direct appropriations;
1.1.10.Assessed and voluntary contributions;and
1.1.11.Other financial assistance transactions that authorize the expenditure of Federal
funds by non-Federal Entities.
Award does not include:
1.1.12.Technical assistance,which provides services in lieu of money;
1.1.13.A transfer of title to Federally-owned property provided in lieu of money;even if the
award is called a grant;
1.1.14.Any award classified for security purposes;or
1.1.15.Any award funded in whole or in part with Recovery funds,as defined in section
1512 of the American Recovery and Reinvestment Act(ARRA)of 2009(Public Law
111-5).
1.2."Central Contractor Registration(CCR)"means the Federal repository into which an Entity
must enter the information required under the Transparency Act,which may be found at
http://www.bpn.gov/ccr.
1.3."Contract"means the contract to which these Supplemental Provisions are attached and
includes all Award types in§1.1.1 through 1.1.11 above.
1.4."Contractor"means the party or parties to a Contract funded, in whole or in part,with Federal
financial assistance,other than the Prime Recipient,and includes grantees,subgrantees,
Subrecipients,and borrowers.For purposes of Transparency Act reporting,Contractor does
not include Vendors.
1.5."Data Universal Numbering System(DUNS)Number"means the nine-digit number
established and assigned by Dun and Bradstreet,Inc.to uniquely identify a business entity.
Dun and Bradstreet's website may be found at:http://fedgov.dnb.com/webform.
1.6."Entity"means all of the following as defined at 2 CFR part 25,subpart C;
1.6.1.A governmental organization,which is a State,local government,or Indian Tribe;
1.6.2.A foreign public entity;
1.6.3.A domestic or foreign non-profit organization;
1.6.4.A domestic or foreign for-profit organization;and
1.6.5.A Federal agency,but only a Subrecipient under an Award or Subaward to a non-
Federal entity.
1.7."Executive"means an officer,managing partner or any other employee in a management
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SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 11 of 14
Special Provisions and Certified Assurances must be submitted with the application
position.
1.8."Federal Award Identification Number(FAIN)"means an Award number assigned by a
Federal agency to a Prime Recipient.
1.9. "FFATA"means the Federal Funding Accountability and Transparency Act of 2006(Public
Law 109-282),as amended by §6202 of Public Law 110-252.FFATA,as amended,also is
referred to as the"Transparency Act."
1.10."Prime Recipient"means a Colorado State agency or institution of higher education that
receives an Award.
1.11."Subaward"means a legal instrument pursuant to which a Prime Recipient of Award funds
awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's
support in the performance of all or any portion of the substantive project or program for which
the Award was granted.
1.12."Subrecipient"means a non-Federal Entity(or a Federal agency under an Award or
Subaward to a non-Federal Entity)receiving Federal funds through a Prime Recipient to
support the performance of the Federal project or program for which the Federal funds were
awarded.A Subrecipient is subject to the terms and conditions of the Federal Award to the
Prime Recipient,including program compliance requirements. The term"Subrecipient" includes
and may be referred to as Subgrantee.
1.13."Subrecipient Parent DUNS Number"means the subrecipient parent organization's 9-digit
Data Universal Numbering System(DUNS)number that appears in the subrecipient's Central
Contractor Registration(CCR)profile, if applicable.
1.14."Supplemental Provisions"means these Supplemental Provisions for Federally Funded
Contracts,Grants,and Purchase Orders subject to the Federal Funding Accountability and
Transparency Act of 2006,As Amended,as may be revised pursuant to ongoing guidance from
the relevant Federal or State of Colorado agency or institution of higher education.
1.15."Total Compensation"means the cash and noncash dollar value earned by an Executive
during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2.Awards of stock,stock options,and stock appreciation rights,using the dollar
amount recognized for financial statement reporting purposes with respect to the
fiscal year in accordance with the Statement of Financial Accounting Standards No.
123 (Revised 2005)(FAS 123R),Shared Based Payments;
1.15.3.Earnings for services under non-equity incentive plans,not including group life,
health,hospitalization or medical reimbursement plans that do not discriminate in
favor of Executives and are available generally to all salaried employees;
1.15.4.Change in present value of defined benefit and actuarial pension plans;
1.15.5.Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6.Other compensation, if the aggregate value of all such other compensation(e.g.
severance,termination payments,value of life insurance paid on behalf of the
employee,perquisites or property)for the Executive exceeds$10,000.
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. The Transparency Act
also is referred to as FFATA.
1.17"Vendor"means a dealer,distributor,merchant or other seller providing property or services
required for a project or program funded by an Award.A Vendor is not a Prime Recipient or a
Subrecipient and is not subject to the terms and conditions of the Federal award.Program
compliance requirements do not pass through to a Vendor.
2.Compliance.Contractor shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, including but not limited to these Supplemental Provisions.Any
revisions to such provisions or regulations shall automatically become a part of these Supplemental
Provisions,without the necessity of either party executing any further instrument. The State of
Colorado may provide written notification to Contractor of such revisions,but such notice shall not be
a condition precedent to the effectiveness of such revisions.
3.Central Contractor Registration(CCR)and Data Universal Numbering System (DUNS)
Requirements.
3.1.CCR.Contractor shall maintain the currency of its information in the CCR until the Contractor
submits the final financial report required under the Award or receives final payment,whichever
is later. Contractor shall review and update the CCR information at least annually after the
Updated January 2011
•
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 12 of 14
Special Provisions and Certified Assurances must be submitted with the application
initial registration,and more frequently if required by changes in its information.
3.2.DUNS.Contractor shall provide its DUNS number to its Prime Recipient,and shall update
Contractor's information in Dun&Bradstreet,Inc.at least annually after the initial registration,
and more frequently if required by changes in Contractor's information.
4.Total Compensation.Contractor shall include Total Compensation in CCR for each of its five most
highly compensated Executives for the preceding fiscal year if:
4.1.The total Federal funding authorized to date under the Award is$25,000 or more;and
4.2.In the preceding fiscal year,Contractor received:
4.2.1. 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
4.2.2.$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
4.3.The public does not have access to information about the compensation of such Executives
through periodic reports filed under section 13(a)or I5(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.
5. Reporting.Contractor shall report data elements to CCR and to the Prime Recipient as required in
§7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act.No direct
payment shall be made to Contractor for providing any reports required under these Supplemental
Provisions and the cost of producing such reports shall be included in the Contract price. The
reporting requirements in §7 below are based on guidance from the US Office of Management and
Budget(OMB),and as such are subject to change at any time by OMB. Any such changes shall be
automatically incorporated into this Contract and shall become part of Contractor's obligations under
this Contract, as provided in§2 above.The Colorado Office of the State Controller will provide
summaries of revised OMB reporting requirements at http://www.colorado.agov/dpa/dfp/sco/FFATA.htm.
6.Effective Date and Dollar Threshold for Reporting.The effective date of these supplemental
provisions apply to new Awards as of October 1,2010.Reporting requirements in§7 below apply to
new Awards as of October 1,2010,if the initial award is$25,000 or more.If the initial Award is below
$25,000 but subsequent Award modifications result in a total Award of$25,000 or more,the Award is
subject to the reporting requirements as of the date the Award exceeds$25,000.If the initial Award
is$25,000 or more, but funding is subsequently de-obligated such that the total award amount falls
below$25,000,the Award shall continue to be subject to the reporting requirements.
7.Subrecipient Reporting Requirements.If Contractor is a Subrecipient,Contractor shall report as
set forth below.
7.1 To CCR.A Subrecipient shall register in CCR and report the following data elements in CCR
for each Federal Award Identification Number no later than the end of the month following the
month in which the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number+4 if more than one electronic funds transfer(EFT)
account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient's address, including: Street Address,City,State,Country,Zip+4,and
Congressional District;
7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above
are met;and
7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if
criteria in §4 above met.
7.2 To Prime Recipient.A Subrecipient shall report to its Prime Recipient,upon the effective date
of the Contract,the following data elements:
7.2.1 Subrecipient's DUNS Number as registered in CCR.
7.2.2 Primary Place of Performance Information,including: Street Address,City, State,
Country,Zip code+4,and Congressional District.
8.Exemptions.
8.1.These Supplemental Provisions do not apply to an individual who receives an Award as a
Updated January 2011
•
•
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 13 of 14
Special Provisions and Certified Assurances must be submitted with the application
natural person,unrelated to any business or non-profit organization he or she may own or
operate in his or her name.
8.2 A Contractor 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.
8.3 Effective October 1,2010,"Award"currently means a grant,cooperative agreement,or other
arrangement as defined in Section 1.1 of these Special Provisions. On future dates"Award"
may include other items to be specified by OMB in policy memoranda available at the OMB
Web site;Award also will include other types of Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
9.Event of Default.Failure to comply with these Supplemental Provisions shall constitute an event of
default under the Contract and the State of Colorado may terminate the Contract 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 Contract, at law or in equity.
Updated January 2011
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 14 of 14
Special Provisions and Certified Assurances must be submitted with the application
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 Barbara Kirkmeyer
Position Board Chair Weld County Commissioners
Agency Board of County Commissioners Weld County
Mailing Address 915 10th Street
City,State,Zip Greeley, Co 80631
Telephone# 970-356-4000 ext 4205
Fax# 970-352-0242
E-mail Address bkirkmeyer@co.weld.co.us
Signature Date
MAR 0 201'
INANCIAL FFICER
Name Barbara Connolly
Position Controller
Agency Weld County Government Accounting Department
Mailing Address 915 10th Street
City,State,Zip Greeley, CO 80631
Telephone# 970-356-4000 ext 4445
Fax# 970-352-9019
E-mail Address bconnolly@co.weld.co.us
Signature ! a24,96 Date
MAR 0 6 2011
PROJECT D CTOR
Name Ronald Arndt
Position Crime Lab Director
Agency Weld County Sheriffs Office
Mailing Address 1950 O Street
City,State,Zip Greeley CO 80631
Telephone# 970-356-4015 ext 3638
Fax# 970-304-6447
E-mail Address rarndt@co.weld.co.us
Signature ' ' r^ ' Date
' / ' - ')/ 7%/f
Updated January 2011
! Z'//-1�.�%
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 1 of 14
Special Provisions and Certified Assurances must be submitted with the application
CHECK BELOW TO INDICATE WHICH CATEGORY BEST DESCRIBES YOUR AGENCY:
Inter-Governmental Grant
Grant to a Colorado State Agency(Section A does not apply)
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.
GOVERNINGJ EGISLATION FOR THIS GRANT PROGRAM:
Paul Coverdell Forensic Science Improvement Program. From the United States Department of Justice, National Institute of Justice,
under federal statutory authority part BB of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 37971 ,
et seq., as amended, and under applicable program rules and regulations established by said federal program office for the Paul
Coverdell Forensic Science Improvement Program.
A. STANDARD STATE SPECIAL PROVISIONS
Revised 1-1-09
1. CONTROLLER'S APPROVAL.CRS 24-30-202(1)
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 TC
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) ANL
UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW AND SHALL BI
Updated June 2011
,SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 2 of 14
Special Provisions and Certified Assurances must be submitted with the application
SOLELY RESPONSIBLE FOR ITS ACTS OF ITS EMPLOYEES, INDEPENDENT SUB-CONTRACTORS AND
AGENTS.
5. COMPLIANCE WITH LAW.
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 no 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 Coloradc
Updated June 2011
$pECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 3 of 14
Special Provisions and Certified Assurances must be submitted with the application
Department of Labor and Employment. If the Subgrantee Agency 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
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 1-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 thousanc
dollars (per item, with a useful life of at least one year) must receive prior approval by the Division of Crimina
Justice.
b. The Subgrantee Agency assures that no contract or agreement will be made for execution of project activities of
provisions of services (other than purchase of supplies or standard commercial or maintenance services) that is no
incorporated in the approved application or approved in advance by the Division of Criminal Justice.
Updated June 2011
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 4 of 14
Special Provisions and Certified Assurances must be submitted with the application
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 federal 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 shall 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,ther
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.
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 des],
Updated June 2011
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 5 of 14
• Special Provisions and Certified Assurances must be submitted with the application
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 Agency 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. 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.
iii. 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.
6. ORDER OF PRECEDENCE
Any inconsistency or conflict in this grant shall be resolved by giving precedence in the following order: (a) Specia
Provisions and Certified Assurances,(b)Statement of Grant Award;and,(c)the final approved Subgrant Application.
7. 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 tht
agreement. Any dispute conceming the performance of this agreement which cannot be resolved at the divisional level shal
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 wil
Updated June 2011
.SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 6 of 14
Special Provisions and Certified Assurances must be submitted with the application
be final.
C. FEDERAL CERTIFIED ASSURANCES
I. FEDERAL PUBLIC POLICY ASSURANCES
a. The Subgrantee Agency hereby agrees that it will comply, and all of its contractors will comply with the applicable
provisions of:
i. Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended;
ii. The Juvenile Justice and Delinquency Prevention Act and/or the Victims of Crime Act, as appropriate;
iii. All other applicable Federal laws,orders,circulars,regulations or guidelines.
b. The Subgrantee Agency hereby agrees that it will comply, and all of its contractors will comply with the provisions
of 28 CFR applicable to grants and cooperative agreements including:
i. Part 18,Administrative Review Procedure;
ii. Part 22, Confidentiality of Identifiable Research and Statistical Information;
iii. Part 23,Criminal Intelligence Systems Operating Policies;
iv. Part 30, Intergovernmental Review of Department of Justice Programs and Activities;
v. Part 35,Nondiscrimination on the Basis of Disability in State and Local Government Services;
vi. Part 38,Equal Treatment for Faith Based Organizations;
vii. Part 42,Nondiscrimination/Equal Employment Opportunity Policies and Procedure;
viii. Part 61 Procedures of Implementing the National Environmental Policy Act;
ix. Part 63 Floodplain Management and Wetland Protection Procedures;and,
x. Federal Laws or regulations applicable to Federal Assistance Programs.
2. FINANCIAL&ADMINISTRATIVE MANAGEMENT
a. Subgrantee assures that it will comply with appropriate federal cost principles and administrative requirements
applicable to grants as follows:
i. For state, local or Indian tribal government entities;
a) 2 CFR Part 225, Cost Principles for State, Local & Indian Tribal Governments (codified at 28
CFR Part 66, by reference and(formerly known as OMB Circular A-87)
b) OMB Circular A-102, Common Rule-Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments
c) 28 CFR 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
ii. For non-profit organizations;
a) 2 CFR Part 230, Cost Principles for Non-Profit Organizations(formerly known as OMB Circular
A-122)
b) 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Nonprofit Organizations (codified at 28
CFR Part 70 and formerly known as OMB Circular A-I10)
c) 28 CFR 70, Uniform Administrative Requirements for Grants and Cooperative Agreements with
Institutions of Higher Education, Hospitals, and other Non-Profit Organizations
iii. For colleges and universities;
a) 2 CFR Part 220, Cost Principles for Educational Institutions (codified at 28 CFR Part 66, by
reference and formerly known as OMB Circular A-21)
b) 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements witl
Institutions of Higher Education, Hospitals and Other Nonprofit Organizations(codifted at 2l
CFR Part 70 and formerly known as OMB Circular A-110)
c) 28 CFR 70, Uniform Administrative Requirements for Grants and Cooperative Agreements witl
Institutions of Higher Education, Hospitals, and other Non-Profit Organizations
iv. For each agency spending more than$500,000 per year in federal funds from all sources;
a) OMB Circular A-133,Audits of States, Local Governments and Nonprofit Organizations
b. The Subgrantee assures that it will comply with the provisions of the U.S. Department of Justice,Office of the Chie
Financial Officer, Office of Justice Programs, Financial Guide for Grants, current edition. (For practical purposes
the requirements pertinent to the management of these funds have been extracted from the above documents and an
contained in the current applicable Administrative Guide of the Division of Criminal Justice, which is hereb:
incorporated by reference. However, such a guide cannot cover every foreseeable contingency, and the Subgrantei
is ultimately responsible for compliance with applicable state and federal laws,rules and regulations.)
3. NON-SUPPLANTING OF FUNDS
a. The Subgrantee Agency certifies that any required matching funds used to pay the non-federal portion of the cost o
Updated June 2011
SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 7 of 14
Special Provisions and Certified Assurances must be submitted with the application
this subgrant are in addition to funds that would have otherwise been made available for the purposes of this project.
b. The Subgrantee Agency certifies that federal funds made available under this grant:
i. Will not be used to supplant state or local funds;
ii. Where there is a reduced or unchanged local investment, then the Subgrantee Agency shall give a written
explanation demonstrating that the Subgrantee Agency's reduced or unchanged commitment would have
been necessitated even if federal financial support under this federal grant program had not been made
available.
4. CERTIFICATION REGARDING LOBBYING (Subgrantee Agencies receiving $100,000 or more in total federal funds
per year. See 28 CFR Part 69.)
The prospective Subgrantee Agency certifies, by submission of this proposal,that:
a. No federal funds received through this subgrant will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with the making of any federal grant, the entering into of any cooperative
agreement, and the extension, continuation,renewal, amendment,or modification of any federal grant or cooperative
agreement;and,
b. If any funds other than funds through this subgrant will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this subgrant, the prospective Subgrantee Agency shall
complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities."
5. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION(Subgrantee Agencies receiving$100,000 or more in total federal funds per year. See, 28 CFR Part 6.)
The prospective Subgrantee Agency certifies, by submission of this proposal,that neither it nor its principals, subcontractors
or suppliers:
a. Are presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded from participation in this transaction by any Federal
department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements,or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or
local)with commission of any of the offenses enumerated in paragraph(5)(b)of this certification; and
d. Have not within a three-year period preceding this application had one or more public transactions(Federal, State,or
local)terminated for cause or default;and
e. Where the prospective Subgrantee Agency is unable to certify to any of the statements in this certification,he or she
shall attach an explanation to this application.
6. CERTIFICATION REGARDING DRUG FREE WORKPLACE (See, 28 CFR Part 67, Subpart F.)
The prospective Subgrantee Agency certifies, by submission of this proposal, that it will comply with the Drug Free
Workplace Act of 1988,as implemented at 28 CFR Part 67, Subpart F.
7. CIVIL RIGHTS COMPLIANCE (See, 28 CFR Part 42.)
a. Upon award, each Subgrantee Agency will be provided DCJ's Form 30, entitled"Certification of Compliance witt
Regulations Regarding Federal Civil Rights Requirements and Equal Employment Opportunity Plans (EEOP), ant
will be required to do the following:
i. The Project Director must submit the form to the Subgrantee Agency's Authorized Official for this grant;
ii. The Authorized Official must review the form in conjunction with subgrant agency personnel responsibli
for reporting civil rights findings of discrimination;
iii. The Authorized Official must accurately complete the required information and provide all informatiot
requested;
iv. The Authorized Official must provide an original signature on the form as indicated; and,
v. The DCJ 30 Form with original signature must be returned to the Division with the Statement of Gran
Award(SOGA).
b. Any subgrant agency findings of discrimination must be reported to the Division of Criminal Justice within 45 day
of receipt of this grant award, and to the Office for Civil Rights, Office of Justice Programs, U.S. Department o
Justice.
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,SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 8 of 14
Special Provisions and Certified Assurances must be submitted with the application
8. NON-DISCRIMINATION
The following federal non-discrimination cites apply in particular: the nondiscrimination requirements of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended; Title VI of the Civil Rights Act of 1964; Section 504 of the
Rehabilitation Act of 1973,as amended; Subtitle A,Title II of the Americans with Disabilities Act of 1990,42 U.S.C. 12101,
et seq. and Department of Justice Regulations on Disability Discrimination, 28 CFR Part 35 and Part 39;Title IX of the
Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination
Regulations 28 CFR Part 42, Subparts C, D, E, and G; and Executive Order 11246, as amended by Executive Order 11375,
and their implementing regulations,41 CFR Part 60.1 et. seq.,as applicable to construction contracts.
9. NATIONAL ENVIRONMENTAL POLICY ACT(NEPA)AND NATIONAL HISTORIC PRESERVATION ACT
(NHPA)COMPLIANCE (42 USC§§4321-4370 and 16 USC§470,)
a. The Subgrantee Agency agrees to assist the Division of Criminal Justice and the Office of Justice Programs, U.S.
Department of Justice, in complying with the National Environmental Policy Act,the National Historic Preservation
Act (NHPA) and other related federal environmental impact analyses requirements in the use of these grant funds
either directly by the Subgrantee Agency or by a subcontractor. As long as the activity needs to be undertaken in
order to use these grant funds, this NEPA requirement first must be met whether or not the activities listed below are
being specifically funded with these grant funds. The activities covered by this special condition are:
b. New construction;
c. Minor renovation or remodeling of a property either listed on or eligible for listing on the National Register of
Historic Places, or located within a 100-year flood plain;
d. Renovation, lease or any other proposed use of a building or facility that will either result in a change in its basic
prior use,or significantly change its size.
e. Implementation of a new program involving the use of chemicals other than chemicals that are either purchased as
an incidental component of a funded activity and traditionally used, for example, in office, household, recreational
or educational environments.
10. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (This provision applies only to entities that
provide medical care and treatment)
a. The Subgrantee Agency acknowledges that it is a covered health care provider under the Health Insurance
Portability and Accountability Act, 42 U.S.C. 1320d-I320d-8, and its implementing regulations and agrees to
comply with the requirements of HIPAA concerning any uses and disclosures of protected health information.
11. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITIONS ACT OF 1970 (Government
Entities Only)
The prospective Subgrantee Agency certifies, by submission of this proposal,that it will comply with the requirements of the
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970,which govern the treatment of persons displaced
as a result of federal and federally-assisted programs.
12. POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES(5 U.S.C.§§ 1501-1508 and§§ 7324-28
—applies to Government Entities Only)
The prospective Subgrantee Agency certifies, by submission of this proposal, that it will comply with requirement of 5
U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State and local government employees whose
principal employment is in connection with an activity financed in whole or part by federal assistance.
D. PROGRAM SPECIFIC REQUIREMENTS
The following program specific requirements are imposed by the Federal or State sponsoring agency conceming special
requirements of law,program requirements,and other administrative requirements which must be passed on to subgrant
award recipients. These requirements are more likely to change from year to year than the special provisions and federal
certified assurances shown above,and usually vary across offices within the Division.
1. Right of Privacy for Recipients of Services and Sharing of Information
The prospective Subgrantee Agency certifies, by submission of this proposal,that
a. Pursuant to Section 223(a)(18) of the JJDP 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
Updated June 2011
,SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 9 of 14
Special Provisions and Certified Assurances must be submitted with the application
agencies pursuant to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Section 1232g), as
amended by the Improving America's Schools Act of 1994 (IASA). FERPA allows schools to play a vital role in a
community's efforts to identify children who are 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 of Records and Information Act," 19-
1-301 et seq., Colorado Revised Statutes (1996), 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 interest.
E. 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 attomey 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, §24-103.5-101 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 anc
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 evaluatior
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 lay
and any future state and federal guidance including clarifications of requirements. Any revisions to such provisions o
regulations shall automatically become a part of these Special Provisions and Certified Assurances, without the necessity o
either party executing any further instrument. The State of Colorado may provide written notification to the Subgrantei
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.
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,SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 10 of 14
Special Provisions and Certified Assurances must be submitted with the application
State of Colorado
Supplemental Provisions for
Federally Funded Contracts,Grants,and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006(FFATA),As
Amended
As of 10-15-10
The contract,grant,or purchase order to which these Supplemental 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 Supplemental Provisions,the Special Provisions,the contract or any attachments or
exhibits incorporated into and made a part of the contract,the provisions of these Supplemental
Provisions shall control.
1.Definitions. For the purposes of these Supplemental Provisions,the following terms shall have the
meanings ascribed to them below.
1.1."Award"means an award of Federal financial assistance that a non-Federal Entity receives or
administers in the form of:
1.1.1.Grants;
1.1.2.Contracts;
1.1.3.Cooperative agreements, which do not include cooperative research and
development agreements(CRDA)pursuant to the Federal Technology Transfer Act
of 1986,as amended(15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6.Subsidies;
1.1.7. Insurance;
1.1.8.Food commodities;
1.1.9.Direct appropriations;
1.1.10. Assessed and voluntary contributions;and
1.1.11.Other financial assistance transactions that authorize the expenditure of Federal
funds by non-Federal Entities.
Award does not include:
1.1.12.Technical assistance,which provides services in lieu of money;
1.1.13.A transfer of title to Federally-owned property provided in lieu of money; even if the
award is called a grant;
1.1.14.Any award classified for security purposes; or
1.1.15.Any award funded in whole or in part with Recovery funds,as defined in section
1512 of the American Recovery and Reinvestment Act(ARRA)of 2009(Public Law
111-5).
1.2."Central Contractor Registration(CCR)"means the Federal repository into which an Entity
must enter the information required under the Transparency Act, which may be found at
http://www.bpn.gov/ccr.
1.3. "Contract"means the contract to which these Supplemental Provisions are attached and
includes all Award types in§1.1.1 through 1.1.11 above.
1.4."Contractor"means the party or parties to a Contract funded, in whole or in part,with Federal
financial assistance,other than the Prime Recipient,and includes grantees, subgrantees,
Subrecipients,and borrowers. For purposes of Transparency Act reporting,Contractor does
not include Vendors.
1.5."Data Universal Numbering System (DUNS)Number"means the nine-digit number
established and assigned by Dun and Bradstreet, Inc.to uniquely identify a business entity.
Dun and Bradstreet's website may be found at: http://fedgov.dnb.com/webform.
1.6."Entity"means all of the following as defined at 2 CFR part 25,subpart C;
1.6.1.A governmental organization,which is a State, local government,or Indian Tribe;
1.6.2.A foreign public entity;
1.6.3. A domestic or foreign non-profit organization;
1.6.4.A domestic or foreign for-profit organization; and
1.6.5.A Federal agency,but only a Subrecipient under an Award or Subaward to a non-
Federal entity.
1.7."Executive"means an officer, managing partner or any other employee in a management
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,SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 11 of 14
Special Provisions and Certified Assurances must be submitted with the application
position.
1.8. "Federal Award Identification Number(FAIN)"means an Award number assigned by a
Federal agency to a Prime Recipient.
1.9. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006(Public
Law 109-282),as amended by §6202 of Public Law 110-252. FFATA, as amended,also is
referred to as the"Transparency Act."
1.10."Prime Recipient" means a Colorado State agency or institution of higher education that
receives an Award.
1.11."Subaward"means a legal instrument pursuant to which a Prime Recipient of Award funds
awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's
support in the performance of all or any portion of the substantive project or program for which
the Award was granted.
1.12."Subrecipient" means a non-Federal Entity(or a Federal agency under an Award or
Subaward to a non-Federal Entity)receiving Federal funds through a Prime Recipient to
support the performance of the Federal project or program for which the Federal funds were
awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the
Prime Recipient, including program compliance requirements. The term"Subrecipient" includes
and may be referred to as Subgrantee.
1.13."Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9-digit
Data Universal Numbering System(DUNS)number that appears in the subrecipient's Central
Contractor Registration(CCR)profile,if applicable.
1.14."Supplemental Provisions" means these Supplemental Provisions for Federally Funded
Contracts,Grants, and Purchase Orders subject to the Federal Funding Accountability and
Transparency Act of 2006,As Amended, as may be revised pursuant to ongoing guidance from
the relevant Federal or State of Colorado agency or institution of higher education.
1.15."Total Compensation"means the cash and noncash dollar value eamed by an Executive
during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2.Awards of stock,stock options,and stock appreciation rights,using the dollar
amount recognized for financial statement reporting purposes with respect to the
fiscal year in accordance with the Statement of Financial Accounting Standards No.
123 (Revised 2005)(FAS 123R), Shared Based Payments;
1.15.3.Earnings for services under non-equity incentive plans,not including group life,
health,hospitalization or medical reimbursement plans that do not discriminate in
favor of Executives and are available generally to all salaried employees;
1.15.4.Change in present value of defined benefit and actuarial pension plans;
1.15.5.Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6.Other compensation, if the aggregate value of all such other compensation (e.g.
severance,termination payments, value of life insurance paid on behalf of the
employee,perquisites or property)for the Executive exceeds$10,000.
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.The Transparency Act
also is referred to as FFATA.
1.17"Vendor"means a dealer, distributor,merchant or other seller providing property or services
required for a project or program funded by an Award.A Vendor is not a Prime Recipient or a
Subrecipient and is not subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
2.Compliance.Contractor shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any
revisions to such provisions or regulations shall automatically become a part of these Supplemental
Provisions, without the necessity of either party executing any further instrument.The State of
Colorado may provide written notification to Contractor of such revisions,but such notice shall not be
a condition precedent to the effectiveness of such revisions.
3.Central Contractor Registration(CCR)and Data Universal Numbering System (DUNS)
Requirements.
3.1. CCR.Contractor shall maintain the currency of its information in the CCR until the Contractor
submits the final financial report required under the Award or receives final payment, whichever
is later. Contractor shall review and update the CCR information at least annually after the
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,SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 12 of 14
Special Provisions and Certified Assurances must be submitted with the application
initial registration,and more frequently if required by changes in its information.
3.2. DUNS.Contractor shall provide its DUNS number to its Prime Recipient,and shall update
Contractor's information in Dun& Bradstreet, Inc. at least annually after the initial registration,
and more frequently if required by changes in Contractor's information.
4.Total Compensation. Contractor shall include Total Compensation in CCR for each of its five most
highly compensated Executives for the preceding fiscal year if:
4.1.The total Federal funding authorized to date under the Award is$25,000 or more; and
4.2. In the preceding fiscal year,Contractor received:
4.2.1. 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
4.2.2.$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
4.3.The public does not have access to information about the compensation of such Executives
through periodic reports filed under section I3(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.
5. Reporting.Contractor shall report data elements to CCR and to the Prime Recipient as required in
§7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act.No direct
payment shall be made to Contractor for providing any reports required under these Supplemental
Provisions and the cost of producing such reports shall be included in the Contract price.The
reporting requirements in §7 below are based on guidance from the US Office of Management and
Budget(OMB), and as such are subject to change at any time by OMB. Any such changes shall be
automatically incorporated into this Contract and shall become part of Contractor's obligations under
this Contract,as provided in§2 above.The Colorado Office of the State Controller will provide
summaries of revised OMB reporting requirements at http://www.colorado.gov/doa/dfp/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting.The effective date of these supplemental
provisions apply to new Awards as of October 1,2010. Reporting requirements in §7 below apply to
new Awards as of October 1,2010, if the initial award is$25,000 or more. If the initial Award is below
$25,000 but subsequent Award modifications result in a total Award of$25,000 or more,the Award is
subject to the reporting requirements as of the date the Award exceeds$25,000. If the initial Award
is$25,000 or more,but funding is subsequently de-obligated such that the total award amount falls
below$25,000,the Award shall continue to be subject to the reporting requirements.
7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as
set forth below.
7.1 To CCR.A Subrecipient shall register in CCR and report the following data elements in CCR
for each Federal Award Identification Number no later than the end of the month following the
month in which the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number+4 if more than one electronic funds transfer(EFT)
account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient's address, including: Street Address, City, State,Country, Zip+4, and
Congressional District;
7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above
are met;and
7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if
criteria in §4 above met.
7.2 To Prime Recipient.A Subrecipient shall report to its Prime Recipient,upon the effective date
of the Contract,the following data elements:
7.2.1 Subrecipient's DUNS Number as registered in CCR.
7.2.2 Primary Place of Performance Information, including: Street Address,City, State,
Country, Zip code+4, and Congressional District.
8.Exemptions.
8.1.These Supplemental Provisions do not apply to an individual who receives an Award as a
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SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 13 of 14
• ''Special Provisions and Certified Assurances must be submitted with the application
natural person, unrelated to any business or non-profit organization he or she may own or
operate in his or her name.
8.2 A Contractor 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.
8.3 Effective October 1,2010,"Award"currently means a grant,cooperative agreement,or other
arrangement as defined in Section 1.1 of these Special Provisions. On future dates"Award"
may include other items to be specified by OMB in policy memoranda available at the OMB
Web site; Award also will include other types of Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of
default under the Contract and the State of Colorado may terminate the Contract 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 Contract, at law or in equity.
Updated June 2011
,SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Page 14 of 14
' Special Provisions and Certified Assurances must be submitted with the application
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 Barbara Kirkmeyer
Position Chair, Board of Weld County Commissioners
Agency Weld County, Colorado
Mailing Address 1150 0 Street, P.O. Boc 758
City,State,Zip Greeley, Colorado 80632
Telephone# 970-356-4000 X4200
Fax# 970-352-0242
E-mail Address bkirkmeyer@co.weld co.us
Signature / Date
ct /« - SEP 2 3 2011
FINANCIAL OFFICER
Name Barbara Connolly
Position Controller
Agency Weld County Government Accounting_De_partment
Mailing Address 1150 0 Street, P.O. Box 758
City,State,Zip Greeley, Colorado 80632
Telephone# 970-356-4000 X4445
Fax# 970-352-9019
E-mail Address bconnolly@co.weld.co.us
Date
Signature afrm
12A 3aL4 0t SEP ? 3 2011
PROJE IRECTOR
Name Ronald Arndt
Position Crime Lab Director
Agency Weld County Sheriff's Office
Mailing Address 1950 0 Street
City,State Zip Greeley, Colorado 80631
Telephone# 970-356-4015 x3638
Fax# 970-304-6447
E-mail Address rarndt c eld.co. s
Signature 1 _ Date
Updated June 2011 24'I— 5,
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