HomeMy WebLinkAbout20110543.tiff RESOLUTION
RE: APPROVE JUSTICE ASSISTANCE GRANT APPLICATION FOR NORTHERN
COLORADO REGIONAL FORENSIC LABORATORY CAPACITY ENHANCEMENT AND
AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Justice Assistance Grant Application for
Northern Colorado Regional Forensic Laboratory Capacity Enhancement from the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
the Sheriff's Office,to the Colorado Division of Criminal Justice, Office of Adult and Juvenile Justice
Assistance, commencing October 1, 2011, and ending September 30, 2012,with further terms and
conditions being as stated in said application, and
WHEREAS, after review,the Board deems it advisable to approve said application, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Justice Assistance Grant Application for Northern Colorado Regional
Forensic Laboratory Capacity Enhancement from the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Sheriffs Office,to the
Colorado Division of Criminal Justice, Office of Adult and Juvenile Justice Assistance, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said application.
cxy. p J1 NDT 2011-0543
0413b rQinc( (ti:;hszEf Z-2V-///3 /V-fi SO0o32
JUSTICE ASSISTANCE GRANT APPLICATION FOR NORTHERN COLORADO REGIONAL
FORENSIC LABORATORY CAPACITY ENHANCEMENT
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of February, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, C LORADO
ATTEST: �` � a-
1 arbara Kirkme r, Chair
Weld County Cler t ,
1861 �y d„;
Sean P. C vay, Pro-Tem
�.. ♦
Deputy Clerk to t
Will F. Gar la APPROVED AS TO FORM: \C OE
QR David E. Long
W .Co ty Atto ey U �
Douglas Radem cher
Date of signature: 6/////
2011-0543
SO0032
JAG 2011 APPLICATION Justice Assistance Grant Program
STATE USE ONLY: App# Grant# Award $
Note: Because this document is protected, you cannot run spelicheck.
SECTION I—APPLICANT INFORMATION
Project Title: Northern Colorado Regional Forensic Laboratory Capacity Enhancement
Applicant Agency: Weld County Sheriffs Office
Project Director: Randy Winsett
Contact Name: Ronald E Arndt
Street Address: 1950 O Street
City: Greeley ZIP: 30631
Telephone: 970.356.4015 ex 3638 Fax: 970.304.6447
E-mail: rarndt@co.weld.co.us
Type of government(check only ONE):
❑ State ❑ City/Town ® County ❑ Indian Tribe ❑ District Attorney O Special Districts
Federal Employer ID Number 8 4 6 0 0 0 8 1 3 DUNS Number: 0 7 5 7 5 7 9 5 5
Has applicant agency registered with the Central Contractor Registration (CCR) database? (check only ONE)
® Yes (CCR attached) ❑ No
Requested JAG Amount: $ 109,907 Total Project Cost: $
Project Duration (mm/dd/yyyy) From: 10/1/2011 To: 9/30/2012
Project Abstract: (Provide a brief description of proposed project. Limit to space provided.)
The Northern Region Lab Group is a collaborative effort between the Colorado Bureau of Investigation, Larimer County
Sheriffs Office, Weld County Sheriffs Office, Fort Collins Police Department, Greeley Police Department and Loveland
Police Department. It is the goal of this group to bring forward a unified effort toward the improvement of all areas of
forensic services in Northern Colorado and to create a full service regional forensic laboratory. Currently the Northern
Colorado Regional Forensic Laboratory resides in 4 locations and provides the following services:Computer Forensics,
Latent Prints, Shoe and Tire Impressions, Firearms/Toolmarks and Chemisty. Future plans involve combining all
disicplines in a single facility and adding Biological Sciences. In order to achive these goals and to provide forensic
services in an effective, efficient process that meet the accreditation standards expected within the field, the lab staff is
in need of additional equipment that use the most up-to-date technologies and methodologies.
Continuation Projects:
(Provide a brief synopsis of what this project accomplished with its previous grant award. Limit to space provided.)
•I Ong 4o 'cuubt (U Y)Sal (t) : kardki-
577
Office of Adult&Juvenile Justice Assistance 1 /
2011-0543
•
JAG 2011 APPLICATION Justice Assistance Grant Program
Program Area: (check ONE)
❑ Corrections and Community Corrections Programs 0 Planning, Evaluation, Technology Improvement
❑ Crime Victims &Witness Protection 0 Prevention and Education Programs
0 Drug Treatment Programs 0 Prosecution and Court Programs
® Law Enforcement
Prior JAG Funding (including JAG ARRA/Recovery)for This Project: If none, indicate that this is a ® NEW project
Grant Number: Federal Funds Awarded:
Implementing Agency:
Agency Name: Weld County Sheriffs Office
Contact Name: Ronald E Arndt
Street Address: 1950 O Street
City: Greeley ZIP: 80631
Telephone: 970.356.4015 ext 3638 Fax: 970.304.6447
E-mail: rarndt@co.weld.co.us
Service Area:
U. S. Congressional District(s): 0 1 0 2 ❑ 3 04 0 5 ❑ 6 ❑ 7 0 Statewide
Judicial District(s) (Identify by District Number): 8th and 191hjudicial districts
Cities and Counties (List primary cities and counties to be served):
Fort Collins, Greeley, Larimer and the counties of Larimer and Weld. CBI(Chemistry section) offers service to all
agencies submitting controlled substances to the lab.
Age of Target Population (check all that apply): ® All ❑ 0-12 ❑ 13-17 ❑ 18-24 ❑ Over 25
For Law Enforcement Applications:
Total#of active officers: Average #of officers deployed per shift:
Are patrol vehicles taken home by officers? 0 Yes 0 No If yes, #of vehicles
For Direct Service Applications
How many clients will be served using grant funds? #Adults #Juveniles (birth to age 18)
What is the cost per client? $
Briefly explain the methodology for achieving this cost:
Office of Adult&Juvenile Justice Assistance 2 /
JAG 2011 APPLICATION Justice Assistance Grant Program
SECTION II— PROJECT SUMMARY(Refer to instructions)
1) PROBLEM STATEMENT(Limit— one page)
What problem will the project be addressing? Briefly illustrate the problem using local or state data when possible.
Larimer County and Weld County Colorado have large populations (292,000 and 249,000 respectively) that are spread
over rural and municipal law enforcement jurisdictions. The area includes three major cities: Fort Collins (138,000),
Greeley (92,000) and Loveland (66,000). Two of the communities also have medium to large public colleges, Colorado
State University and the University of Northern Colorado (enrollments of over 25,000 and 13,000 respectively). There
is much diversity in our respective communities, including how we police. Over the past two decades much has been
accomplished in terms of sharing resources. Drug Task Forces and Special Weapons and Tactics teams work
together, as well as the existence of joint Emergency Management plans. Until 2007, however, little had been
discussed about what each agency had and what could be shared in the area of forensic investigative services.
In the recent past the two Sheriff's Offices and three city Police Departments each provided forensic services and had
staff of varying size and specialties, primarily in the areas of chemistry, latent prints and digital media. The lab has
combined the disciplines into 4 central locations by discipline.The combined agencies' latent print examiners have
completed more than 8,000 cases over the last 4 years. Prior to 2011 there was a high number of backlog requests for
service which resulted in delays, increased turnaround time and decreased efficiency for each agency. Although each
agency had at least one position trained in latent print examination, the agencies also relied heavily on the state's crime
lab, the Colorado Bureau of Investigation (CBI) in Denver, for analysis of evidence that each agency's limited resources
were not able to address. However, as a result of the partnership and the establishment of a regional crime lab in
northern Colorado, the backlog problems in this discipline have been eliminated. Due to this efficiency in output, the
latent fingerprint section has expanded its services to other cities within the northern Colorado region. As generally
happens, once it is known the backlog is reduced there is an increase in submissions. It is expected that the number of
submissions will grow.ln order to maintain the current turn-around time additional instrumentation to take advantage of
newer technologies is being sought to allow more effective use of time, keeping analysts working rather than waiting
for a single computer/software program to become available.
The Digital Media Section, has grown to 6 analysts and in the last two years they completed over 600 cases both in
audio/video cases as well as computer and cell phone crimes. The demands for their services continue to expand,
especially in the area of computer crimes against children. In fact in a recent article the FBI stated that"no other crime
is growing at the 2,500 percent rate the FBI claims for child porn arrests". The Digital Media analysts are also actively
involved with Internet Crimes Against Children and routinely assist local agencies as well as those in Logan and
Morgan counties with child pornography cases. The number of cases processed monthly does not keep up with
demand for services and there is a backlog of over 110 cases within this discipline.Obviously, the demand for this
service is greater than the lab's capacity to meet the current requests for service. However, staffing can only be
expanded to a certain level. Therefore, there is a need for additional equipment to allow for a robotics-type approach to
the downloading and analysis of the data obtained from the digital media devices submitted. It has also been observed
with recently submitted cases a trend with an increase in the storage size (terabytes) of the computers submitted as
well as the volume of data (gigabytes) of containing unlawful images.
Finally the regional laboratory has added firearms/toolmarks as a service available to the five agencies involved in this
collaborative forensic lab group. An analyst within the lab has completed his firearms training and this discipline will
soon be brought on line. The basic needs of the firearm section have been addressed, but new technological options
and equipment needs still exist to allow for the analyst to provide all of the full services possible within the firearms
discipline.
This is where the lab is seeking grant funding; to optimize the existing resources within our respective labs, to
compliment these resources with new or additional equipment, and expand the services through the implementation of
more effective and efficient services brought about through the purchase and use of this equipment.
Office of Adult&Juvenile Justice Assistance 3 /
JAG 2O11 APPLICATION Justice Assistance Grant Program
2) PROJECT PLAN (Limit—two pages)
In a narrative format, describe your project's goals and objectives and the plan to accomplish them. How will this
project address one or both of the goals of the JAG program?This section should clearly and succinctly describe what
is going to be done. Include information about whether the proposed project includes research, evidence-based or
promising practices, programming or activities. Be sure to address number of clients to be served, types of services
and cost per client of providing direct services. Include a discussion of project resources and responsible parties.
The first step of this project is to bring together all of the resources that each agency currently possesses in each
discipline under one roof. This is being addressed in the areas of latent print analysis, digital evidence analysis,
firearms analysis and chemical analysis. The lab group has identified possible facility sites and some initial funds to
begin the process of creating a full service lab under one roof, with the goal of adding forensic biological analysis in the
near future. In addition to the centralizing of the current lab teams into one facility, the lab is also working along-side
CBI to obtain ISO 17025 accreditation in 2013. The CBI has offered support in assisting the lab in reaching this goal,
with funds to help in the quality control and quality assurances as well as the accreditaion process ( application and
audit) itself.
The second step of this project, and where the lab seeks grant funding, is to acquire and put into use the resources
sought to enhance the local service deliverables.The following outlines these needs as agreed upon by the Board of
Directors made up from each of the respective agencies involved in the Northern Regional Lab Group (NRLG) as it
pertains to the digital media section, the firearms section and the latent print section.
Objective One: Expand the capacity and services of the digital media section. This objective seeks to both expand the
capacities of the digital media section as well as to address the ever growing attempts by individuals to prevent access
to the data/images illegally obtained, shared and/or stored. The lab seeks funds to purchase the following:
1. An Ultrakit-This kit contains a complete set of UltraBlock hardware write blockers as well as adaptors and
connectors. Often times it becomes necessary to respond to the scene of a search to extract data before the computer
is powered down. If this is not done then vital data and images can be lost or compromised. It is not uncommon for the
anaysts to obtain a computer in which the forensic value of the computer's images have sbeen compromised when the
computer was powered down, even when following prescribed proceedures. This allows the analyst to forensically
evaluate a wide variety of digital evidence at the scene. In some instances the information obtained immediately at the
scene can be used by the DA's office to more effective and quickly prosecute a case. Using this kit will result in more
case being completed, thereby increasing the number of cases completed in the lab.
2. A cell phone investigation tool (ZRT) -The use of cell phones as a mobile computer device is ever increasing, and
so also its use for illegal purposes. As the technology grows, the need to extract valuable information from these
devises grows with it. There is a need to accurately extract and examine the data from a variety of cell phone models
with a single system. The lab has identified a devise that will perform the work effectively and efficiently, providing the
essentail information to assist the investigators and prosecutors in their work.
3. Forensic Recovery of Evidence Devices (FREDs)- FREDs are routinely used to download data from the hard drives
of computers and cell phones. The amount of data stored on these hard drives continues to increase, and so also the
time required to download the data for forensic analysis. One means of improving the output of an analyst is to increase
the number of FREDs per analyst. In this way one FRED is downloading data from one hard drive while another FRED
is being used to assist the analyst in the examination of dowloaded images from another case. The lab seeks to
purchase additional FREDs to allow for each analyst to have 2 FREDs at their workstations.
4. FRED Software-As with any purchase of computer hardware there is a need for software to perform the necessary
analysis and correctly identify the forensic data and images apart from other data. In addition, this work must be done
with the least amount of impact on the data and images so any analysis performed can be repeated on the same
images.
Continue on next page if necessary.
NOTE: Text will not automatically flow to next page. You must STOP TYPING and START AGAIN on NEXT PAGE.
Office of Adult&Juvenile Justice Assistance 4 /
JAG 2O11 APPLICATION Justice Assistance Grant Program
2) PROJECT PLAN— Continued, page 2
5. Macintosh workstation - Macintosh has its own operating system and software, unique from those found on a PC.
Even though there is software that allows for sharing between PCs and Macs there is still a question of quality, integrity
of the data, security and the potential of compromising the forensic evidence. The digital media section has need of an
additional Mac computer work station to perform forensic analysis on Mac computers submitted to the lab for analysis.
Because of the better quality graphics with the Mac, it has also been found useful in instances where the image was
compromised and the PC could not obtain the full image but the Mac software provided the needed image for
examination and analysis.
6. Avid Nitris System -To aid in the recovery and processing of video and audio evidence the lab is in need of a
forensic workstation that has the capacity to recover and process a multitude of different audio and video recording
devices. There are no regulations regarding the kinds of devices being used by stores to monitor their businesses, so
the variety of recording devices and backup systems is very large. To assist the law enforcement community in their
investigations the lab is called upon to extract often times marginal information to identify and assist agencies. This
system allows for the versatility needed in order to best serve the community.
Objective two-To expand the capacity and service of the firearms section. Currently, the firearms examiner travels to
either Cheynne, Wyoming or Denver, Colorado to fire weapons in order to retrive bullets for forensic analysis. There
are also some additional needs that will expand and enhance the work performed by the firearms examiner. As part of
the unification of lab disciplines and goal of providing full forensic services, the lab group seeks to purchase the
following items for the firearms section.
1. Ballistic box-This is a basic piece of equipment used to retrive fired bullets for further forensic analysis. The box will
allow for a variety of bullets to be trapped and recovered. Its presence in the lab improves the overall efficiency, simply
by saving the drive time currently required and it will also allows for an immediate examination of the fired bulletin the
lab to assure the comparison quality of the bullet will meet those needed for examiniation.
2. Rifle borescope. This rifle borescope allows for the examiner to do an examination of the inside of the barrel of the
rifle for forensic evidence such a blow back or indication of efforts to alter the bore pattern of a rifle.
3. Firearms database. Computers and databases provide one of the most effective and efficient means of quickly
identifying cartridge cases. Most shootings involve the use of semi-automatic weapons, and in almost every case a
cartridge case or more are left at the scene. This infomation can be critical in the forensic analysis of weapons used in
the commission of a crime.
4. Commercial dry mount press- Normally used for the processing of artwork, this device has been shown to be an
effective and efficient method of processing clothing and other items for distance determinations. An essential aspect of
any forensic firearms cases, the determination of distance from a weapon being fired, it has been very benefical to both
the investigator as well as the courts to know how far away the person was from the weapon when fired. This tool
allows for a more uniform heating and processing of items submitted for that specific analysis.
Objective three-To expand the capacity and service of the latent print and shoe and tire section of the laboratory.
Currently the section has one foray adams aquiring station. This station allows the analyst to aquire a latent by
scanning the latent lift or photographing the latent. Then the analyst can use Photoshop to clean up and enhance the
latent image. Everything the analyst does to the latent is docmented and archived, so if need be it can be reproduced
at a later time and if questioned in court the analyst has documentation to support their analytical process. The final
comparison is then performed by the analyst using a single computer monitor or if needed a hand held magnifier.This
request is to allow the lab to put together the software, hardware and server to provide each analyst with a desktop
version of the single system current in use. The current Aquiring station while helpful is not effective due to delays in
"waiting"for the unit to become available for the next analyst. Inquiries into a vendor purchased system indicated a cost
of aroung $58,000. Further research indicated that a similar system could be created in house with the purchase of
specific pieces of equipment at a savings of approximately $ 40,000. See budget narrative for breakdown in costs.
Office of Adult&Juvenile Justice Assistance 5 /
JAG 2011 APPLICATION Justice Assistance Grant Program
3) GOALS &OBJECTIVES
Concrete objectives should be defined for the project that are time framed and measurable. These are the elements
against which your project will be evaluated. Outcomes should indicate the change or benefit the project is expecting to
produce and measures identify how the project will document the change that has occurred.
Outcome/Measurement: Timeframe:
Goal 1: Expand the capacity of the digital media section of the Northern Colorado Regional Forensic Laboratory
through the purchase of equipment and software that will be implemented upon delivery and validation.
Objective 1.1: Issue purchasing documents, as per Weld County fiscal rules, and acquire the following equipment in
a timely fashion.
Delivery and validation of the above listed pieces Within 90 days of the release of funds.
of equipment.
Objective 1.2: Increase the number of cases completed be analyst as a result of the equipment added to the digital
media section.
Number of cases completed per analyst per By 9/30/12
quarter.
Outcome/Measurement: Timeframe:
Goal 2: Expand the capacity of the firearms section of the Northern Colorado Regional Forensic Laboratory through the
purchase of equipment and software that will be implemented upon delivery and validation.
Objective 2.1: Issue purchasing documents, as per Weld County fiscal rules, and acquire the following equipment in
a timely fashion.
Delivery and validation of the above listed pieces Within 90 days of the release of funds.
of equipment.
Objective 2.2: Increase the number of cases completed be analyst as a result of the equipment added to the
firearms section.
Number of cases completed per analyst per By 9/30/12
quarter.
Office of Adult&Juvenile Justice Assistance 6 /
JAG 2O11 APPLICATION Justice Assistance Grant Program
Outcome/Measurement: Timeframe:
Goal 3: Expand the capacity and therefore the efficiency of the latent print/shoe and tire section of the Northern
Colorado Regional Forensic Laboratory through the purchase of equipment and software that will be implemented upon
delivery and validation.
Objective 3.1: Issue purchasing documents, as per Weld County fiscal rules, and acquire the following equipment in
a timely fashion.
Delivery and validation of the above listed pieces Within 90 days of the release of funds.
of equipment.
Objective 3.2: Increase the number of cases completed be analyst as a result of the equipment added to the latent
print section.
Number of cases completed per analyst per By 9/30/12
quarter.
Office of Adult&Juvenile Justice Assistance 7 /
JAG 2011 APPLICATION Justice Assistance Grant Program
4) MANDATED PERFORMANCE MEASURES/ PROJECT EVALUATION (Limit—two pages)
4A) Specific performance measures will be required for each grant program area as required by federal grant
guidelines. Describe the process by which this data will be collected, confirmed and reported to DCJ within the required
time frame. See Appendix A of Application Instructions for copies of the mandatory reporting forms.
The grant request is for equipment purchases, therefore, the core of the information will be detailed in terms of the date
that the purchase requests are placed for each piece purchased, the date the equipment was received, and the date it
was brought on line.
Generally it requires a 6 to 12 month period to reflect the impact of such a grant,as there is a time lag between the
equipment delvery set-up, the learning curve and the reflected impact on the system once every thing is in place. The
initial purchasing can be documented as per the mandatory reporting forms. In general once the final dollar is spent
down a grant close-out is written. However, if trends, such as backlog reduction or more significantly, case output,
needs to be tracked so as to see the impact of the added equipment from that grant period, the reporting time frame
could be extended and data collected as needed or desired. Therefore consideration of data collection beyond the final
drawdown of funds may be provided if requested or required by the grant administrators.
46) How will project success be determined? How will it be measured? How will the results be analyzed? Describe the
impact of the project and its affect on other agencies and organizations.
As noted above, the success of the project may be best measured by the change in case output per analyst. Being
careful to ensure the quality of the work is not compromised, this measuring stick should provide the information
needed to measure the success from a pure numbers perspective. If the project goes as planned, the equipment is in
place and everyone is correctly trained on its use, than there should be an increase in the number of cases completed
in a given time period compared to a time measured before the equipment is added. Agency feed back is another way
of tracking success. A survey to the submitting detectives and the DA offices may also provide a level of the satifaction
of the work and service provided. In the case of latents, with the backlog being reduced to none, the survey, as well as
a change in the number of identifications made might be of greater value than case output.
The impact of the project will be a continued quality product being delivered and improved service to the law
enforcement community. Returning cases back to agencies sooner will allow the submitting detectives/investigators
opportunity to follow-up their cases faster, make necessary arrests, get charges filed and have the cases move through
the justice system in a more timely manner. When done in a way that focuses on quality work and timely response, the
safety of the community is ensured. The right individuals are removed from being a public threat, the community is
safer, confidence in the law enforcement community grows and there are cost savings to the community. Savings in
money spent per case at the law enforcement level and also in the court system. There is also a benefit in the reduction
in costs paid out by insurance companies to reclaim losses, and this also has a financial benefit for the members of the
community.
Office of Adult&Juvenile Justice Assistance 8 /
JAG 2011 APPLICATION Justice Assistance Grant Program
4C)Will research be conducted as part of this project? ® No ❑ Yes
If yes, check the type of research proposed:
❑ The planned research/evaluation activities do not involve the collection of information identifiable to private persons.
❑ The planned research/evaluation activities involve the collection of information identifiable to private persons.
If the second box is checked, in the area below describe the procedures that will be put in place to ensure administrative
and physical security of identifiable data and to preserve anonymity of private persons to whom information relates.
5) SUSTAINABILITY:
What steps will be taken to sustain this project after these federal funds are no longer available?
The five agencies comprising the Northern Region lab Group have made a commitment over the next 10 years to keep
the lab operational and to support the regional laboratory with staff, equipment and operating costs. The positive impact
anticipated by the additional equipment purchases will enhance the work already being done and will in itself generate
a need and desire to continue on with the program.
The most difficult part of any project is getting the momentum to get the project moving forward in a postive direction.
Many steps have already been taken to generate the needed impetus, including funds from 2 previous JAG grants
within the last 3 years. The purchase of equipment from these previous grants, along with the equipment requested in
this grant will only serve to allow the lab staff to: become more effective and efficient; increase the number of cases
being completed and returned; improve the quality of the work product begin generated; and more positive
identifications being made by analsyts. All of these factors combined are more than enough incentive to continue the
project after the federal dollars are no longer available.
Steps taken:
1. Purchase the equipment as soon as funds become available.
2. Track the impact of the equipment in terms of case output and provide this to the individual board members to take
back to their CEO's.
3. Maintain expected results and provide additional training to improve the quality of the evidence collected at the
scenes.
4. Become ISO 17025 accreditated as the Northern Colorado Regional Forensic laboratory.
Office of Adult&Juvenile Justice Assistance 9 /
•
JAG 2011 APPLICATION Justice Assistance Grant Program
SECTION III—COLLABORATION (Refer to instructions)
1) OTHER AGENCIES AND ORGANIZATIONS (Limit—one page)
1A) Describe the collaborative efforts/planning that have already occurred.
As noted above, the Northern Region Lab Group is represented by members from the Colorado Bureau of
Investigation, Weld County Sheriffs Office, larimer County Sheriffs Office. Fort Collins Police Department,Greeley
Police Department and the Loveland Police Department. In addition representatives from the e and 19'"judicial
districts are present as voting members in the decision making process. This group has been meeting together since
2007 working together to combine staff, resources, and facilities to develop a regional forensic laboratory. Its ultimate
goal is to centralize the laboratory under one roof, with the necessary staff, personnel and equipment to serve the
Northern Colorado region with a full service, ISO 17025 accreditated laboratory. They recently added firearms as a
discipline, created team leader positions as well as a lab director, all with the goal of creating a single centralized, full
service lab facility.
The board continues to meet so as to support, administer and plan for the future of the reional lab.
1B) Identify additional agencies, organizations, and planning groups that will be included in the planning and
implementation of this project.
The Weld County Commisioners and other Weld county employees involved in the administration of this grant.
Office of Adult&Juvenile Justice Assistance 10/
JAG 2O11 APPLICATION Justice Assistance Grant Program
SECTION IV-CONTINUATION APPLICANTS (Refer to instructions)
For continuation applications (projects) only.
1) PROJECT CHANGES (Limit— 1/2 page)
Describe any significant project changes (programmatic or budgetary) in this proposal from the previously funded project.
2) EVALUATION OF PAST PROGRESS (Limit— 1/2 page)
Summarize the extent to which each of the project's goals and/or objectives were met, with supporting data included.
If a specific objective was not achieved, or only partially achieved, provide an explanation.
Office of Adult&Juvenile Justice Assistance 11 /
JAG 2011 APPLICATION Justice Assistance Grant Program
SECTION V—BUDGET
1) BUDGET TABLE (Please refer to application instructions for more detail on completing the budget tables.)
A) PERSONNEL (1) (2) (3) (4) TOTAL
Note: You have to TAB through Annual Annual Sub-Total % to be
fields to activate calculation Full-time Fringe paid by
functions. Salary Benefit Cost grant funds
NA $ + $ = $ 0 x % $ 0
$ + $ = $ 0 x % $ 0
$ + $ = $ 0 x % $ 0
$ + $ = $ 0 x % $ 0
$ + $ = $ 0 x % $ 0
$ + $ = $ 0 x % $ 0
$ + $ = $ 0 x % $ 0
$ + $ = $ 0 x % $ 0
TOTAL PERSONNEL COST to be charged to this grant $ 0
B) SUPPLIES AND OPERATING TOTAL
NA $
I $ -
TOTAL SUPPLIES AND OPERATING COST to be charged to this grant $ 0
Office of Adult&Juvenile Justice Assistance 12 /
JAG 2O11 APPLICATION Justice Assistance Grant Program
C)TRAVEL (Designate specifically in-state and out-of-state travel) TOTAL
NA $ _
I $
$
TOTAL TRAVEL COST to be charged to this grant $ 0
D) EQUIPMENT (Items costing $5,000 or more—see Instruction Manual) TOTAL
Digital evidence-see narrative for more details: Ultrakit, Cell phone investigation tool, FRED, FRED $ 0.00
software,Maclntosh Workstation, Avid-Nitris System $ 77,827
Firearms -see narrative for more details: Ballistics box, Rifle borescope, Firearms database, Dry mount $ 0
press $ 13,525
Latent prints -see narrative for more details- latent acquiring system $ 18,555
$ 0
TOTAL EQUIPMENT COST to be charged to this grant $ 109,907
E) CONTRACTED, CONSULTANT AND PROFESSIONAL SERVICES TOTAL
NA $ _
TOTAL CONTRACTED, CONSULTANT AND PROFESSIONAL SERVICES COST $ 0
to be charged to this grant
F) TOTAL OF ALL PROJECT COSTS (A through E) $ 109,907
(This should equal the requested JAG amount listed on page 1)
Office of Adult&Juvenile Justice Assistance 13/
JAG 2011 APPLICATION Justice Assistance Grant Program
2) BUDGET NARRATIVE (Limit—three pages)
Refer to instructions. Follow the same categories and line items as in the Budget Summary. YOU MUST INCLUDE A
COST CALCULATION AS THE BASIS FOR YOUR BUDGETED AMOUNTS. *You must provide a detailed budget and
budget narrative for anything listed under Budget Category E (Contracted, Consultant and Professional Services).
Objective One: Expand the capacity and services of the DIGITAL MEDIA section. This objective seeks to both expand
the capacities of the digital media section as well as to address the ever growing attempts by individuals to prevent
access to the data/images illegally obtained, shared and/or stored. The lab seeks funds to purchase the following:
1. An Ultrakit III-Firewire and TD1 -One each at a price of$ 2,699.This kit contains a complete set of UltraBlock
hardware write blockers as well as adaptors and connectors for use in acquiring a forensically protected disk image of
virtually any hard drive or storage device you may encounter. This allows the analyst to forensically evaluate a wide
variety of digital evidence on scene or in the lab.
2. A cell phone investigation tool (ZRT) -One each at a price of$ 2,500. Contains a camera, software and the
equipment needed to extract, examine and generate reports, including photos needed for investigation and
prosecution. Also a year warrantee on the system.
3. Forensic Recovery of Evidence Devices (FREDs)-Three each at$10,624 per station; total of$ 31,872 for three.
FREDs are routinely used to download data from the hard drives of computers and cell phones. Each unit contains a
Windows 7, 64 bit operating system, 24 GB of RAM, a OS drive, a Data Drive, a# 1 RAID drive, a#2 RAID drive and
monitor.
4. FRED Software - One each at$10,427. This is software to be added on to one of the FREDs to incorporate
additional cell phone examination and analysis. Includes Mobile phone Examiner software and add-ons, EID image
Analysis software and FTK Standalone software and add-ons.
5. Macintosh workstation - One each at $4,329. Contains MacBook Pro, Superdrive 8X, 512 GB hard dirve, intel core
17, iWork software, 8 G SDRAM, monitor, mouse, keyboard, protection plan.
6. Avid Nitris System - One each at$26,000.To aid in the recovery and processing of video and audio evidence the lab
is in need of a forensic workstation that has the capacity to recover and process a multitude of different audio and video
recording devices. There are no regulations regarding the kinds of devices being used by stores to monitor their
Objective two-To expand the capacity and service of the FIREARMS section. As part of the unification of lab
disciplines and goal of providing full forensic services, the lab group seeks to purchase the following items for the
firearms section.
1. Ballistic box - One each at$ 7,740. This is a 100% stain-less steel rectangular tube, 7 ft in length, with adjusstable
height for ease of shooting. ROlls on heavy duty locking casters.
2. Rifle borescope kit and add-ons. One kit at $ 3,085. This combination rifle borescope kit contains a 12 inch and 22
inch borescopes with associated mirror tube, digital camera coupler(attaches to camera for documentation), supernova
light and charger, cleaning kit, and storage case.
3. Firearms cartridge case database. One each at$1,250. Contains 5 databases; Headstamp, Manufacturer, Calibre,
Color Code and Collection.
4. Commercial dry mount press- One each at$1,500. Normally used for the processing of artwork, this device has been
shown to be an effective and efficient method of processing clothing and other items for distance determinations.
Continue on next page if necessary.
NOTE: Text will not automatically flow to next page. You must STOP TYPING and START AGAIN on NEXT PAGE.
Office of Adult&Juvenile Justice Assistance 14/
JAG 2011 APPLICATION Justice Assistance Grant Program
2) BUDGET NARRATIVE— Continued, page 2
Objective three-To expand the capacity and service of the LATENT PRINT section of the laboratory. Currently the
section has one foray adams aquiring station.This request is to allow the lab to put together the software, hardware and
server which if purchased through a vendor as a package would be approximately $58,000. The following is a
breakdown of equipment/supplies needed to match that offered by a vendor in a "forensic package".
1) Five Epson v700 scanners. $566.95 each -$2834.75
2) Five Epson stylus photo 1400 ink jet printers. $299.99 each = $1499.95.
3) Replacble ink cartridges for the printers, $78.98 each= $394.90.
4) Dell enhanced availability solution server. $10,233.00.
5) Software, company brand is"fish", comparitor software. Ths software is designed to let an analyst, define,
analyze, and compare latent images on the desktop. Five copies at $299.00 a copy. Total $1495.00.
6) Two desktop currently have the most updated vesrion of photoshop software. Three of them need it. $699.00
a copy. Total $2097.00
Continue on next page if necessary.
NOTE: Text will not automatically flow to next page. You must STOP TYPING and START AGAIN on NEXT PAGE.
Office of Adult&Juvenile Justice Assistance 15/
JAG 2011 APPLICATION Justice Assistance Grant Program
2) BUDGET NARRATIVE- Continued,page 3
Office of Adult&Juvenile Justice Assistance 16/
JAG 2011 APPLICATION Justice Assistance Grant Program
3)TOTAL PROJECT FUNDING
Will this project BE FUNDED using ADDITIONAL FUNDS other than those provided from this grant? ® No ❑ Yes
If yes, list the type and approximate amount of other funding that will be used to support this project.
Fund Type/ Describe Amount
Federal $
Direct Federal JAG Award* (see below) $
State $
County Government $
Municipal Government $
Private $
Other—specify $
TOTAL $ 0
*Certain jurisdictions (cities and counties) are eligible to receive JAG funds directly from the Bureau of Justice
Assistance. If your jurisdiction is eligible to receive JAG funds directly from the Bureau of Justice Assistance,
please specify the amount of those funds devoted to this project.
Office of Adult&Juvenile Justice Assistance 17/
JAG 2O11 APPLICATION Justice Assistance Grant Program
4) FINANCIAL MANAGEMENT—Please complete the items below.
A. Has a copy of your last independent audit or financial review been previously submitted to DCJ?
❑ No Z Yes If YES, to which program?VAWA Grant 29-VW-19-48 ON 10-26-2010.
If audit last provided to DCJ is older than one year, include one copy of the most recent audit or financial review,
including any management report or other auditor comments in the appendix. Also, if there were findings, please
attach the audit resolutions and/or corrective action plan.
B. Does your agency expend over$500,000 from combined federal sources in a year?
❑ No ® Yes If YES, attach a copy of the A-133 audit, including audit resolutions and/or corrective action plan.
C. Please respond to the following questions about whether your accounting system meets the criteria for managing
federal grant funds. (These questions cover areas that will be monitored by DCJ staff during site visits or through
other reporting mechanisms. They are not intended to be all inclusive and do not substitute for the agency's
responsibility to meet all federal and state requirements for these grant funds.)
Z Yes ❑ No Does your accounting system separate ALL revenues and expenditures by funding source?
® Yes ❑ No Does your system track revenues and expenditures for each grant award separately through a
sub-ledger system?
Z Yes 0 No Does your system allow expenditures to be classified by the broad budget categories listed in the
approved budget in your grant, i.e. Personnel, Supplies and Operating, Travel, Equipment and
Professional Services?
Z Yes ❑ No Do you reconcile sub-ledgers to your general ledger at least monthly?
0 Yes ❑ No Do you mark your invoices with the grant number?
® Yes 0 No Do you maintain time sheets, signed by the employee and supervisor for each employee paid by
DCJ grant funds? _
® Yes ❑ No Do you have written financial policies and procedures in place?
® Yes 0 No Do you have accounting internal controls in place, such as separation of duties, two signatures on
certain checks, reconciliations or other reviews?
For Continuation Applicants only:
0 Yes 0 No Do you use your accounting system data to prepare your quarterly financial reports for DCJ?
® Yes ❑ No Do you reconcile your accounting system data with your quarterly financial reports for DCJ?
If you answered "NO" to any questions above, please provide a brief explanation below.
Office of Adult&Juvenile Justice Assistance 18 /
Special Provisions and Certified Assurances
Special Provisions&Certified Assurances must be submitted with the application
CHECK BELOW TO INDICATE WHICH CATEGORY BEST DESCRIBES YOUR AGENCY:
J4. Inter-Governmental Grant
Grant to a Colorado State Agency(Section A does not apply)
X Grant to a Unit of Local Government,Tribal Government,or Special District.
Grant to a Non-Profit,Private Organization(Non-Governmental)
SECTION VI-CERTIFICATIONS
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 I,EGISIATION FOR THIS GRANT PROGRAM•
Edward Byrne Memorial Justice Assistance Grant Program. From the United States Department of Justice, Bureau of Justice
Assistance, under federal statutory authority Title I of the Omnibus Crime Control and Safe Streets Act of 1968,42 U.S.C.3701,
et seq., as amended,and under applicable program rules and regulations established by said federal program office.
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 TIIE STATE BY VIRTUE OF THIS SUBGRANT.
SUBGRANTEE AGENCY SIIALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND
LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS GRANT. SUBGRANTEE AGENCY
ACKNOWLEDGES THAT THE SUBGRANTEE AGENCY AND ITS EMPLOYEES ARE NOT ENTITLED TO
UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE SUBGRANTEE AGENCY OR THIRD PARTY PROVIDES
SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
SUBGRANTEE AGENCY SHALL NOT HAVE AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO
ANY AGREEMENTS,LIABILITY,OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. IF
THIS GRANT PROVIDES FUNDS FOR ANY PERSONAL SERVICES, SUBGRANTEE AGENCY SHALL PROVIDE AND
KEEP IN FORCE WORKERS COMPENSATION(AND SHOW PROOF OF SUCH INSURANCE)AND UNEMPLOYMENT
COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW AND SHALL BE SOLELY RESPONSIBLE
FOR ITS ACTS OF ITS EMPLOYEES, INDEPENDENT SUB-CONTRACTORS AND AGENTS.
JAG Special Provisions and Certified Assurances Page 1 of 14 11/17/10
•
Special Provisions and Certified Assurances
Special Provisions&Certified Assurances must be submitted with the application
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 intergovemmental grants]
Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept
system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid
balance of tax,accrued interest,or other charges specified in CRS §39-21-101,et seq.;(c)unpaid loans due to the Student
Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment
Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial
action.
11. FEDERAL FUNDING.
This subgrant is subject to and contingent upon the continuing availability of federal funds for the purposes hereof
12. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance,
or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental
agreements, or information technology services or products and services] The Subgrantee Agency certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this subgrant and will
confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work
under this subgrant, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-
17.5-102(5)(c), the Subgrantee Agency shall not knowingly employ or contract with an illegal alien to perform work under this
subgrant or enter into a contract with a subcontractor that fails to certify to the Subgrantee Agency that the subcontractor shall
not knowingly employ or contract with an illegal alien to perform work under this subgrant.The Subgrantee Agency(a) shall not
use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this
subgrant is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if the
Subgrantee Agency has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under
this subgrant, (c) shall terminate the subgrant if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to CRS §8-17.5-102(5),by the Colorado Department of Labor and Employment. If the Subgrantee Agency
participates in the Department program, the Subgrantee Agency shall deliver to the contracting State agency, Institution of
JAG Special Provisions and Certified Assurances Page 2 of 14 11/17/10
Special Provisions and Certified Assurances
Special Provisions&Certified Assurances must be submitted with the application
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 assures that fund accounting,auditing,monitoring,evaluation procedures and such records as necessary
will be maintained to assure adequate intemal 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 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 is ultimately responsible for compliance with applicable state and federal
laws,roles and regulations.
2. PAYMENT&REPORTING
a. The Division of Criminal Justice will pay the Subgrantee 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.
b. The Division's requirements for invoice and cost reporting submissions are contained in the DCJ Form 3 - Cash
Request Procedures,and DCJ Form I-A-Subgrant Financial Report,which are hereby incorporated by reference.
c. The Subgrantee assures that it shall maintain data and information to provide accurate quarterly program and financial
reports to the Division. Said reports shall be provided in such form, at such times, and containing such data and
information as the Division of Criminal Justice reasonably requires to administer the program.
d. The Subgrantee 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 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 fails to comply with conditions and certifications
contained in this grant award.
3. PROCUREMENT AND CONTRACTS
a. The Subgrantee 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 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.
JAG Special Provisions and Certified Assurances Page 3 of 14 11/17/10
•
Special Provisions and Certified Assurances
Special Provisions&Certified Assurances must be submitted with the application
c. The Subgrantee assures that contractors/vendors who assist the Subgrantee 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 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 has the right to use, duplicate and disclose, the above material in whole or in
part in any manner for any purpose whatsoever and authorize others to do so.
ii. If the material or invention is copyrightable, the Subgrantee may copyright such, but the Division of Criminal
Justice reserves a perpetual, royalty-free,non-exclusive and irreversible license to practice, reproduce,publish
and use such materials in whole or in part,and authorize others to do so.
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 Subgrantees
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 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 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 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 assures that:
i. It will retain all project records, as will facilitate an effective audit, for seven years after the end of the state
fiscal year that includes the end date of the grant. (For example if the grant ended 9/30/2001, the state FY
would be July 1,2001-June 30,2002. The files could be destroyed after 6/30/2009);except,
ii. If an audit is in progress and/or the findings of a completed audit have not been resolved satisfactorily, then
records must be retained beyond the seven-year period until such issues are resolved.
c. The Subgrantee 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 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. Subgrantees will be notified in advance
of any on-site monitoring visit.
e. The Subgrantee 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 and
to relevant books and records of subcontractors of the Subgrantee. It is the responsibility of the Subgrantee to notify
any of its project collaborators and subcontractors of these provisions.
JAG Special Provisions and Certified Assurances Page 4 of 14 11/17/10
Special Provisions and Certified Assurances
Special Provisions&Certified Assurances must be submitted with the application
f The Subgrantee 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 against goals and performance standards required herein. The
Division will provide reasonable technical assistance to the Subgrantee concerning project goals, performance standards and
subgrant requirements;however,substandard performance as determined by the Division will constitute noncompliance with this
grant award. Substandard performance may result in termination or reduction of grant award 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,
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 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 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. The grant may be terminated by the Division if it is in the best interest of the state of Colorado to terminate the
grant.
iii. If the grant is terminated for convenience by either the Subgrantee or the state,the Subgrantee 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,
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 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 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 terns of this agreement shall constitute a breach of the agreement.
Any dispute concerning the performance of this agreement which cannot be resolved at the divisional level shall be referred to
superior departmental management staff designated by each department. Failing resolution at that level, disputes shall be
presented to the executive directors of each department for resolution. Failing resolution by the executive directors, the dispute
shall be submitted in writing by both parties to the State Controller,whose decision on the dispute will be final.
C. FEDERAL CERTIFIED ASSURANCES
I. FEDERAL PUBLIC POLICY ASSURANCES
a. The Subgrantee 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;
JAG Special Provisions and Certified Assurances Page 5 of 14 11/17/10
Special Provisions and Certified Assurances
Special Provisions&Certified Assurances must be submitted with the application
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;
H. Part 22,Confidentiality of Identifiable Research and Statistical Information;
Hi. 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.
c. 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.
d. Grant 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.
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-I02, 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)
N 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-II0)
c) 28 CFR 70, Uniform Administrative Requirements for Grants and Cooperative Agreements with
Institutions of hHigher Education, Hospitals, and other Non-Profit Organizations
iii. For colleges and universities;
a) 2 CFR Part 220, Cost Principles jhr Educational Institutions (codified at 28 CFR Part 66, by
reference andJormerly 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(codified at 28 CFR Part 70 and
formerly known as OMB Circular A-110)
c,) 28 CFR 70, Unijorm 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.)
JAG Special Provisions and Certified Assurances Page 6 of 14 11/17/10
•
Special Provisions and Certified Assurances
Special Provisions&Certified Assurances must be submitted with the application
3. NON-SUPPLANTING OF FUNDS (Governmental Agencies Only)
a. The Subgrantee certifies that any required matching funds used to pay the non-federal portion of the cost of this
subgrant are in addition to funds that would have otherwise been made available for the purposes of this project.
b. The Subgrantee certifies that federal fiords 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. PROHIBITIONS ON LOBBYING WITH FEDERAL FUNDS (Subgrantees receiving $100,000 or more in total federal
finds per year. See 28 CFR Part 69.)
The prospective Subgrantee 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 shall complete and submit Standard
Form-LLL,"Disclosure of Lobbying Activities."
5. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
(Subgrantees receiving$100,000 or more in total federal funds per year. See, 28 CFR Part 67.)
The prospective Subgrantee 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 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 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 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;
iii. 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.
JAG Special Provisions and Certified Assurances Page 7 of 14 11/17/10
•
Special Provisions and Certified Assurances
Special Provisions&Certified Assurances must be submitted with the application
S. 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 O4321-4370 and 16 USC§470)
a. The Subgrantee 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 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)
The Subgrantee 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 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 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. §§ 1501-08 and §§ 7324-28 — applies to Government
Entities Only)
The prospective subgrantee certifies, by submission of this proposal, that it will comply with requirements 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.
13. REPORTING FRAUD,WASTE,ERROR AND ABUSE
Each Subgrantee Agency must promptly refer to the Department of Justice, Office of the Inspector General any credible
evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false
claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud,
conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. Potential fraud, waste, abuse, or misconduct
should be reported to the U.S. Department of Justice,Office of the Inspector General(OIG)by:
a) mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania
Avenue,N.W. Room 4706 Washington,DC 20530;
b) email: oig.hotl ineGrusdoj.uov;
c) hotline: (contact information in English and Spanish): (800) 869-4499;or
d) hotline fax: (202)616-9881.
14. The recipient shall submit to the Division of Criminal Justice, who will then forward to the Bureau of Justice Assistance, 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 statement:
JAG Special Provisions and Certified Assurances Page 8 of 14 11/17/10
•
Special Provisions and Certified Assurances
Special Provisions&Certified Assurances must be submitted with the application
"This project was supported by Grant No. 2004-DB-BX-0033 awarded by the Bureau of Justice Assistance. The Bureau of
Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics,the
National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office of 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."
D. GENERAL PROVISIONS
1. INDEMNIFICATION. Not applicable to State Agencies or Higher Education
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 IIIGIIER 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 §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation of Subgrantee's performance shall be part of the
normal contract administration process and Subgrantee's performance will be systematically recorded in the statewide Contract
Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of
information relevant to the performance of Subgrantee's obligations under this subgrant shall be determined by the specific
requirements of such obligations and shall include factors tailored to match the requirements of the Project Plan of this subgrant.
Such performance information shall be entered into the statewide Contract Management System at intervals established in the
Project Plan and a final review and rating shall be rendered within 30 days of the end of the Subgrant term. Subgrantee shall be
notified following each performance and shall address or correct any identified problem in a timely manner and maintain work
progress.
Should the final performance evaluation determine that the Subgrantee demonstrated a gross failure to meet the performance
measures established under the Project Plan, the Executive Director of the Colorado Department of Personnel and
Administration (Executive Director), upon request by the Colorado Division of Criminal Justice, and showing of good cause,
may debar Subgrantee and prohibit Subgrantee from bidding on future contracts. Subgrantee may contest the final evaluation and
result by: (i)filing rebuttal statements,which may result in either removal or correction of the evaluation(CRS §24-105-102(6)),
or(ii)under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201
or 202, which may result in the reversal of the debarment and reinstatement of Subgrantee, by the Executive Director, upon
showing of good cause.
3. The Subgrantee Agency shall comply with all applicable revisions or additional requirements that may be imposed by law and
any future state and federal guidance including clarifications of requirements. Any revisions to such provisions or regulations
shall automatically become a part of these Special Provisions and Certified Assurances, without the necessity of either party
executing any further instrument. The State of Colorado may provide written notification to the Subgrantee Agency of such
revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions.
JAG Special Provisions and Certified Assurances Page 9 of 14 11/17/10
Special Provisions and Certified Assurances
Special Provisions&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.
I. 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
1 1 1-5).
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/webfonn.
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;
JAG Special Provisions and Certified Assurances Page 10 of 14 11/17/10
•
Special Provisions and Certified Assurances
Special Provisions&Certified Assurances must be submitted with the application
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
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 tents 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 I23R), 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 tenns 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.
JAG Special Provisions and Certified Assurances Page 11 of 14 11/17/10
Special Provisions and Certified Assurances
Special Provisions&Certified Assurances must be submitted with the application
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
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 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/dpa/dip/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
S25,000 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.
JAG Special Provisions and Certified Assurances Page 12 of 14 11/17/10
• Special Provisions and Certified Assurances
Special Provisions&Certified Assurances must be submitted with the application
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
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.
JAG Special Provisions and Certified Assurances Page 13 of 14 11/17/10
Special Provisions and Certified Assurances
Special Provisions&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 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 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 bkirkm er@co.weld.co.us
Signature Date
2/23/2011
FINANCIA OFFICER
Name arbara 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 a Dad z3
PRO DIRECTOR
Name Randy Winsett
Position Bureau Chief
Agency Weld County Sheriffs Office
Mailing Address 1950 O street
City,state,Zip Greeley, CO 80631
Teleph• one# 970-356-4015 ext 2813
Fax# 970-304-6447
E-mail Address rwinsett o. eld.c .us
Signature Date
-- i
JAG Special Provisions and Certified Assurances Page 14 of 14 11/17/10
JQo//'—c5 /
Hello