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HomeMy WebLinkAbout20110522.tiff RESOLUTION RE: APPROVE JUSTICE ASSISTANCE GRANT APPLICATION FOR INTENSIVE COURT SUPERVISION PROGRAM AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Justice Assistance Grant Application for the Intensive Court Supervision Program 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, 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 the Intensive Court Supervision Program 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, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of February, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WE D COUNTY, COL RADO ATTEST: arbara Kirkmeyer, hair Weld County Clerk t? ' 4' _ ' II / ? i / Se n P. w y, Pro-Tem Deputy Clerk to the am F. G APPROVED AS TO FORM: o a,, Cc-LA David E. Long ) Q5 Q Co AttornLy � `� a, k g (UsSotct,L..1� DouglaQRadema`cher Date of signature: X3/(17// 6,7 cri`t /o CL : 5O 2011-0522 J c97;51/4/ 3:/ /-(/ SO0032 JAG 2O11 APPLICATION Justice Assistance Grant Program STATE USE ONLY: App# Grant# Award $ Note: Because this document is protected, you cannot run spellcheck. SECTION I —APPLICANT INFORMATION Project Title: Intensive Court Supervision Program Applicant Agency: Weld County Sheriffs Office Project Director: Commander Kenneth E. Poncelow Contact Name: Commander Kenneth E. Poncelow Street Address: 1950 O Street City: Greeley ZIP: 80634 Telephone: 970-356-4015 ext 2802 Fax: 970-304-6467 E-mail: kponcelow@co.weld.co.us Type of government(check only ONE): ❑ State ❑ City/Town ® County ❑ Indian Tribe ❑ District Attorney ❑ Special Districts Federal Employer ID Number: 8 4 6 0 0 0 8 1 3 DUNS Number: 8 2 5 3 3 7 6 8 1 Has applicant agency registered with the Central Contractor Registration (CCR)database? (check only ONE) ® Yes (CCR attached) ❑ No Requested JAG Amount: $ 29,025 Total Project Cost: $ 113,145 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 Weld County Sheriff's Office is applying for this grant, in conjunction with Youth & Family Connections' Collaborative Management Program, to operate an Intensive Court Supervision (ICS) Program that will serve between 55 and 80 children between 10 to 18 years of age. The ICS process is designed to maximize, as an early intervention, the quality of time spent with the juvenile and their family in community supervision. Each juvenile and family works in close collaboration with the juvenile's treatment providers, including the court and probation, in a unified effort focusing on positive reinforcement, pro-social modeling and support of self-efficacy. Evidence gained through research has established this model as the most effective approach for reducing recidivism. See ("Exploring the Black Box of Community Supervision", J. Bonta, Journal of Offender Rehabilitation, Vol. 47, Issue 3, July 2008, pp 248-270) Continuation Projects: (Provide a brief synopsis of what this project accomplished with its previous grant award. Limit to space provided.) Office of Adult&Juvenile Justice Assistance �-r 1�7/ JAG 2011 APPLICATION Justice Assistance Grant Program Program Area: (check ONE) ❑ Corrections and Community Corrections Programs ❑ Planning, Evaluation, Technology Improvement ❑ Crime Victims &Witness Protection ❑ Prevention and Education Programs ❑ 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 Juvenile Assessment Center dba Youth & Family Connections Contact Name: Kelly Schramm Street Address: 2835 W 101h Street City: Greeley ZIP: 80634 Telephone: 970-351-5475 Fax: 970-351-5484 E-mail: kschramm@youthandfamilyconnections.org Service Area: U. S. Congressional District(s): ❑ 1 0 2 ❑ 3 04 ❑ 5 ❑ 6 ❑ 7 ❑ Statewide Judicial District(s) (Identify by District Number): 19 Cities and Counties (List primary cities and counties to be served): Weld County Age of Target Population (check all that apply): ❑ All ❑ 0-12 ® 13-17 ❑ 18-24 0 Over 25 For Law Enforcement Applications: Total #of active officers: Average #of officers deployed per shift: Are patrol vehicles taken home by officers? ❑ Yes ❑ 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. The participating agencies submitting this grant are seeking funding to address several recent trends, as well as to provide one solution to a gap in resources and the 'care continuum' for youth involved in the Juvenile Justice System. This project will provide necessary treatment services, intensive supervision of the court, parental education and wrap around services for children at higher risk for recidivism. In order to address the issue of juvenile recidivism in our district, a series of meetings were held to create the Intensive Court Supervision (ICS) Program. When examining the commonalities found in juveniles who commit repeat criminal offieses, it was clear that more than 90 percent experience a combination of educational deficiencies, illegal substance use, mental health needs, and/or dysfunctional family environments. These juveniles consume an inordinate amount of docket time and resources because of the frequency of return for allegations of new violations of the law or violations of the terms and conditions of a probation sentence from a previous charge. This is why they were selected as the target population for ICS. Previously, the treatment these juveniles received mirrored that of juveniles who did not exhibit this myriad of difficulties. Although these juveniles had multiple complexities requiring greater structure and quicker, more effective intervention in their lives, these interventions did not happen because of an adherence to a traditional pattern of response by the courts and community. Traditionally, it was more than a month before the treatment plan outcomes were properly reviewed and assessed. Many times, the juvenile would return to court and treatment needs were still not addressed because the juvenile and/or parent were unable or unwilling to navigate the multi-agency system to complete requirements. These same juveniles were seeing higher levels in out-of-home placement and/or commitment rates. Rather than over-apply any one policy, the goal of the ICS Program is to match these juveniles to specific programs and services that are most likely to improve their outcomes in the most cost-efficient and safety-conscious manner. Based on the review of other effective court interventions including the SB94 pretrial services programs, it was determined that identified juveniles and families who met the prescribed criteria would be monitored through an intensive court supervision process to address inneffective supervision, inconsistent disciplinary practices by parents and the court, associations with deviant peers, and low engagement in school and prosocial activities. See (Hickert AO et al. 2010 Evaluation of Utah Juvenile Drug Courts: Final Report" Utah Criminal Justice Center, University of Utah) The primary goal for the ICS Program is to provide juveniles and their families with specialized intervention identified to help them successfully complete the terms and conditions of a sentence imposed as the result of criminal activity. Juveniles who receive this guidance are able to become law abiding citizens, thereby reducing future involvement with the criminal justice system. As an early intervention, the ICS Program is designed to maximize the quality of time spent with the juvenile and his/her family in community supervision. Each juvenile and family works in close collaboration with the juvenile's treatment providers, including the court and probation staff, in a unified effort that focuses on positive reinforcement, pro-social modeling and support of self-efficacy. Evidence gained through research has established this model as the most effective approach for reducing recidivism. See ("Exploring the Black Box of Community Supervision", J. Bonta, Journal of Offender Rehabilitation, Vol. 47, Issue 3, July 2008, pp 248-270)This program is unique as it is designed using a treatment court model, however juveniles are not involved solely because of substance use. Indeed substance use is not a requirement. The program also is unique as there is no requirement that parents be "cooperative." Office of Adult& Juvenile Justice Assistance 3 / JAG 2011 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 Intensive Court Supervision Program (ICS) is a collaboration of public and private sectors (including non-profit organizations), which provides intensive treatment, supervision, and comprehensive judicial monitoring to juvenile offenders who are at a high risk to reoffend due to specific criminal behavior, substance abuse, and/or mental health treatment needs. ICS will implement evidence based practices in a systematic manner that will, in the context of the Project implementation, meet all of the elements of an evidence based practice as defined in the Request for Applications. Specifically, the 1451 Collaborative Management Program (CMP) intends for the ICS itself(i.e., independent of the MST program, which is a well-known and studied evidence based practice, and has been proven to work with this population) to meet the eight model principles in this manner: 1. Assess actuarial risk and needs (CJRA) 2. Enhance Intrinsic Motivation (MST; Family Court Facilitator) 3. Target Interventions (CJRA; MST; FCF) 4. Use of Cognitive-Behavioral Treatment models (MST) 5. Increase Positive Enforcement (ICS) 6. Engage Ongoing Support in Natural Communities (ICS; MST; FCF) 7. Measure Relevant Processes and Practices (CMP/YFC/OMNI Institute) 8. Provide Measurement feedback (YFC/OMNI Institute) ENTRY INTO ICS -At sentencing, every juvenile will be scored using the scoring instrument developed to identify those juveniles most likely to be at risk of recidivism. For those juveniles whose scores indicate they will be most likely to need the services of ICS, the Court will order ICS supervision as part of the terms and conditions of the sentence. To that end, an eligible juvenile and family will attend ICS at least once a week for the first eight weeks, then every other week for the next four weeks, and then once a month for the next two months. The court will dedicate a specific docket time for this class of offenders. At the time of sentencing, the Court will provide the Probation Department with the judicial officer's scoring sheet and a referral slip indicating the juvenile will be subject to ICS. The parents and juvenile will be provided a one-page summary outlining the program. The Court also will schedule the juvenile for the next available ICS docket that occurs once per week. Upon arrival at Probation, the juvenile and family will be required to sign all releases necessary for participation. The probation officer will administer any assessments and evaluations normally required of probation, review the juvenile's educational plan with the juvenile, and schedule the juvenile for the next appointment to sign terms and conditions and review the requirements of probation. The probation officer will direct the juvenile to report to the case facilitator just prior to his/her scheduled hearing and confirm that appointment time with the case facilitator. It will be the responsibility of the probation officer to monitor the juvenile throughout this process. The afternoon of the first court appearance after sentencing, the juvenile and family will be directed to meet with the case facilitator(currently a North Range Behavioral Health employee) in a conference room office outside Division 14. The case facilitator will already have documentation from probation regarding the juvenile and family. Parents and families are integral to the success of the juvenile. To that end, an informed supervision class will be presented in English/Spanish for parents. Material will include the basics of supervision and requirements. Parents will be viewing that as part of the court proceeding as arranged by the case facilitator. Before each court appearance, the case facilitator will review with the juvenile and family the process for ICS, provide the "Passport to Success" (the juvenile's record of where and what has been done), and assist with any issues the juvenile and family may have regarding payments, obtaining funding for treatment, etc. The case facilitator can also schedule any necessary appointments with substance use and/or mental health treatment that may be needed. The case facilitator will enter electronically all information including "Passport" entries to ensure it is properly maintained. 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 2011 APPLICATION Justice Assistance Grant Program 2) PROJECT PLAN— Continued,page 2 The case facilitator will be able to make referrals to SB94 or other agencies for treatment purposes. The case facilitator will schedule with the parent the informed supervision class. If funds permit, the class will be available by DVD prior to hearing times. Also prior to the court hearing, probation or the case facilitator will administer a substance use test that provides immediate preliminary results for those juveniles and/or parents whose sobriety is at issue. At the court hearing, the court will review with the juvenile and family the successes of the past week, the plan for completion of probation requirements, and any failures to comply with probation requirements through a conversation process. The court will review with the juvenile and family whether each is satisfied with the progress of the juvenile and the family. The court needs to stress to the family that these services are designed to support the family working together to help the juvenile achieve success. Treatment provider issues will be addressed as well. The court will communicate with the case facilitator and probation officer any issues that arose at hearing so that these can be addressed promptly with treatment providers, and the juvenile and family at the next hearing. PROGRAM SUPPORT—Traditional approaches to social service delivery define families as the problem and agencies as the experts, operating without family involvement and issuing directives with which families are expected to comply. In contrast, the Collaborative Management approach views families as the solution and recognizes family collaboration as essential to lasting change. When necessary, the court will find separate time to hold hearings with parents regarding their own specific compliance issues where the juvenile will not be present. The purpose is to avoid undermining parental authority with the juvenile. No orders directly affecting the juvenile will be made during these proceedings. It is anticipated that if the juvenile and family have been in supervision prior to this process that much of what is needed for the family regarding treatment will be known. The focus must include the family environment in which the youth functions. Therefore, a treatment plan for the juvenile and family will be developed using the supports and services utilizing child centered, family focused, community based, strengths based, and culturally competent individualized approaches that support children remaining in their homes, schools and communities. Programs will be evidence based as determined by objective criteria. During this process, it is anticipated that the treatment plan that will be updated over time to reflect participant progress, significant life events (e.g., relapse, changes in living arrangements), and changing service needs through evidence-based assessments such as the Colorado Juvenile Risk Assessment (CJRA) or Massachusetts Youth Screening Instrument(MAYSI). It is recognized that we will have surprises, changes and unknowns and all partner agencies will immediately communicate with each other and to the case facilitator any reports regarding those issues and compliance. The records management system will provide all parties with access to information regarding compliance, attendance and cooperation by juvenile and family. Issues that the case facilitator identifies in the system as "unresolved" will be made known to the court ahead of time so that the court can work with the juvenile and family as well as providers to quickly establish a suitable plan for resolution. It is anticipated that ICS will find parents who are not capable to the extent necessary to monitor their own behavior and, thus, the juvenile's behavior. If it appears that it is necessary for the parents to be ordered to comply specifically with certain requirements, such as parenting classes, monitored sobriety, and mental health treatment, the court will enter a specific written order as to the exact requirement ordered. Although some courts provide incentives based on a "drawing"or other random methods, given that we are working with juveniles, we will begin with a structured schedule based on compliance. The juvenile and family will be involved in establishing the incentives by creating their own incentive list of things they would like to receive. Possible incentives could include waiver of fees for GED, free urine analysis, open campus at school, allowing computer use, use of cell phones, food, clothes, gift cards of nominal value, Class fees, educational assistance, school supplies, participation fees for athletics, athletic equipment, tickets to prom/school events, or game/athletic/rec center passes as examples. Behavioral Interventions ("BI")will be managing all incentive funds or donations that become available. Sanctions can include detention immediately or other losses of privileges and may be imposed by the court or probation officers. The juvenile is subject to revocation for new law violations and/or failure to comply with probation requirements. TERMINATION OF PROCEEDINGS -After a suitable period of time, the goal of ICS is to terminate this "high risk" juvenile from both intensive supervision and probation, and eliminate recidivism. At that time, if full compliance is in good order, the juvenile will be set off the docket or to a minimal court review schedule and early termination if appropriate. If compliance is not achieved, a decision regarding revocation will need to be made by the probation office and the prosecutor. 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: Strengthen and expand existing collaboration to improve effective and efficient use of resources. Objective 1.1: Develop a common reporting instrument and planning tool for youth, parent, & treatment provider in order to increase attendance and court compliance. Youth/parent will increase attendance at required #of missed appts at start of ICS will be measured events by 50% based on fewer missed appts, etc against#of missed appts at the 90 day ICS Review date and submitted quarterly to DCJ during the grant period Objective 1.2: Create & implement a common scheduling process with treatment providers to improve efficient treatment planning and reduce lag time between intiial court appearance and access to approriate treatment services. - Reduction in time from court order to complete Data will be measured quarterly and submitted to treatment evaluation to 14 days or less DCJ during the grant period -#of days between order &complete evaluation equal no more than 14 days for 90% of Juveniles Outcome/Measurement: Timeframe: Goal 2: Increase cost effectiveness &community safety through positive outcomes for offender youth &family. Objective 2.1: Increase successful educational enrollment rates 90% of youth enrolled in school or an appropriate #of youth in Project against#of youth enrolled in educational program within 4 weeks of sentence school or educational program within 4 weeks of sentence will be measured quarterly and submitted to DCJ during the grant period Objective 2.2: Increase successful treatment completion rates of evidence-based treatment programs 90% of youth enrolled in an appropriate, #of youth in Project will be measure against#of evidence-based treatment program within 4 youth enrolled in an appropriate, evidence-based weeks of sentence treatment program within 4 wks of sentence and submitted quarterly to DCJ during the grant period Office of Adult&Juvenile Justice Assistance 6 / JAG 2O11 APPLICATION Justice Assistance Grant Program Outcome/Measurement: Timeframe: Goal 3: Reduce Recidivism of Youth Offenders Objective 3.1: Reductions in the numbers of: rearrests; probation sentence revocations; and time spent in court. - 70% of youth will not reoffend while in Project Data will be measured quarterly and submitted to and 90 days post completion DCJ during the grant period -#of youth in Project; # of youth that reoffended during or 90 days after program Objective 3.2: Reductions in the utilization of detention/commitment beds and out-of-home placements. 70% of youth will not be in a correctional setting, #of youth in Project against#of youth in a will remain at home and will not enter an out-of- correctional setting or out-of-home placement home-of-placement while in the project and 90 during or 90 days post project will be measured days post completion. quarterly& submitted to DCJ during grant period 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 Weld County 1451 Collaborative Management Program (CMP) is fully committed to collecting the necessary data, and participating in an on-going evaluation of this project. For the past five years, the CMP's capacity to monitor, measure, evaluate and adapt programs has greatly improved, as evidenced through our latest Collaborative Management Program evaluation which was independently conducted by the OMNI Institute (OMNI), an external evaluator. OMNI will be contracted under this project to help with the collection of data to support a larger project evaluation and for reporting on required performance measures. The project will submit Quarterly narrative reports using all the required DCJ Report Forms. In order to know that the program is working, The court facilitator will monitor the number of participants, attendance at court, compliance with the treatment program, law abiding behavior including sobriety, successful participation in an educational program attendance and/or completion of GED or graduation from high school, a stable living situation, and basic program outcomes. Data will also be collected on youth demographics including gender, race/ethnicity, and age. The data will be managed through the records management system (RMS). A tracking program is being designed to follow the juvenile for at least two years after the completion of the program to measure the effectiveness of this intervention. Weld County Sheriff's Office will be provided information for tracking and for developing more sophisticated recidivism risk assessment tools. CMP members will also work with partner agencies to identify data sources for all outcome areas, and assist in the organization of these data to support later analysis. The information gathered through the evaluation will be used as a program planning tool to help us examine program impact, identify best practices and determine where there are problems with collaborative efforts. This information will help us to continuously improve our processes and procedures which we believe will lead to improved participant outcomes. Though this evaluation, we will: 1. Track program progress; 2. Organize outcomes data to show how the collaborative partners are working together and 3. Use evaluative information for feedback and improvement recommendations. 4B) 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. After a suitable period of time, the goal of ICS is to terminate the "high risk"juveniles from both intensive supervision and probation, and eliminate recidivism. A juvenile who has entered the ICS program will be deemed to have successfully completed the program when the juvenile has exhibited full compliance, or completed the treatment and/or the requirements of probation whichever occurs first. Consideration of completion of ICS will be based on recommendations of probation, District Attorney's Office, treatment providers and the Court. The Court will also consider recommendations from the juvenile and parents at all times during this process. Completion of ICS will not automatically terminate probation as other factors such as restitution, victim's rights and the severity of the charges must be considered as well. Monitoring of treatment providers will occur during structured phases to ensure that the juvenile and parents have access to recommended treatment and that it is successful as measured by objective standards such as clean substance tests, improved grades/attendance, attendance and cooperation with mental health treatment, appearances at required appointments, and the juvenile remaining law abiding. Frequent reviews will allow and require evaluation and modification of treatment that is not successful based on the reason for that lack of success. When the juvenile and parents are considered successful based on all factors, the court should be able to consider termination of intense supervision. "Failures" will be judged according to the juvenile, family ability and the treatment provider ability to continue to ensure community safety and guide the juvenile and parents to success. Since the juvenile is on probation supervision status, failure to comply with the requirements may result in a revocation complaint and will signal dismissal from the program and a return to "adjudication status". This will mean that upon another plea at sentencing the juvenile may be accepted back into the program depending on the situation. Program success will be measured by using the outcomes listed in section 2.3 of this grant. Data will be collected from all ICS cases and stored in the records management system for evaluation and later analysis of the project. Office of Adult&Juvenile Justice Assistance 8 / JAG 2011 APPLICATION Justice Assistance Grant Program 4C) Will research be conducted as part of this project? 0 No ❑ Yes If yes, check the type of research proposed: 0 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 ICS Program is a large project that has taken over a year to plan and prepare for implementation. In order for us to show the ICS Program's ability to reduce duplication and create efficiencies in the use of our current resources , the Weld County CMP is only asking for partial funding instead of the total project cost. This funding will help to develop the tools necessary for us to provide the training on procedures that will make the ICS program a success. The CMP and its partners are fully committed to sustaining the key components of this Project past the funding period and the commitment is based on the following primary elements: 1. The CMP has shown it's support of the project by funding the creation of a records manamagemt system (RMS) to store the program data for constant communication, tracking and evalution purposes. 2. The personnel costs related to implementing the Project are already absorbed within existing resources and will continue after the funding period ends. 3. The CMP will also be working with OMNI Institute to strengthen the evaluation process, explore program outcomes, and further strenghten the ICS Program to improve additional funding opportunities. With additional funding opportunities, we will be able to develop replication plans that will enable us to apply for Service to Science grants moving the ICS Program toward becoming an evidenced based program with proven outcomes. 4. The CMP has shown the ability to seek and obtain additional funding for integrated programming, and a history of reinvestment of'costs avoided'. The CMP has been responsible for, or has participated in, the establishment and funding of a number of successful programs, such as the Day Reporting Center, Multi-Disciplinary Assessment Teams, Functional Family Therapy and MST, and Juvenile Diversion. Office of Adult& Juvenile Justice Assistance 9 / JAG 2O11 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. The ICS Planning Committee has been planning and designing the key elements of this Project for almost two years. Planning meetings started monthly after two very large Juvenile Treatment Court Planning Sessions involving the community were held. The individual planning meetings have consisted of judicial officers, court facilitators, treatment providers, executive directors of local non-profits, Guardian ad Litems, District Attorney representatives, Weld County Department of Human Services, Probation, Senate Bill 94, and more. The Weld County Collaborative Management Program has been an ongoing presence at the planning meetings and has assisted with the preparation of documents, in-kind donation of staff time, and ongoing support for the program. The ICS program represents a true collaboration of the legal community,judicial system, social services, schools, substance use disorder and mental health providers, and other agencies coming together to support troubled juveniles. Coordination of the various services and their delivery is particularly critical to ensure success and prevent redundant and/or fractured service delivery. In order to respond to developing trends and changes in resources, the ICS Planning Committee will continue to meet quarterly or more often as necessary to review this strategy, evaluate and develop resources, ensure collaboration with service providers to evaluate present treatment strategies, and create evidence-based community services capable of achieving the program goals. 1B) Identify additional agencies, organizations, and planning groups that will be included in the planning and implementation of this project. Youth and Family Connections oversees Weld County's Collaborative Management Program (CMP)created under Colorado House Bill 04-1451, designed to decrease fragmentation and duplication and increase communities' efficiency and effectiveness in serving children and families. Our Board of Directors is made up of 24 representative leaders from 23 agencies and organizations, including: Weld County Commissioners, Weld County Department of Humans Services, multiple school districts, mental health and substance abuse treatment providers, law enforcement and the court system, public health officials, United Way, domestic violence prevention and service providers, and private businesses. Board members are all agency or department heads or have been given authority to approve the contribution of time, resources, and funding to address problems identified by the Collaborative Management Team. To improve accountability and gain insight for planning services, we enlist the services of outside providers to conduct external audits and to prepare annual program evaluations. Planning and development of the ICS program had a good head start because of the current involvement that most agencies already had with the Weld County CMP. This exisiting relationship among agencies has helped open communication regarding the community needs for this intensive court supervision program. In addition to the current planning and implementation of the program, we are looking into working with the Colorado Judicial Department's State Problem Solving Court(PSC) Coordinator so that we can gain the technical assistance and training to develop replication plans that will enable us to move the ICS Program toward becoming an evidenced based program with proven outcomes. Office of Adult& Juvenile Justice Assistance 10/ JAG 2011 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 $ + $ = $ 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 300 Saliva Tests for drugs and alcohol. $125/25 tests -300 Tests per year $ 1,500 Urinalysis confirmation tests. $35/test- 50 tests per year $ 1,750 Printing $450 Tutoring $ 500 GED Testing $ 850 Incentives $ 1,000 Administrative Expenses (5%) $ 1,375 TOTAL SUPPLIES AND OPERATING COST to be charged to this grant $7,425 Office of Adult&Juvenile Justice Assistance 12/ JAG 2011 APPLICATION Justice Assistance Grant Program C) TRAVEL (Designate specifically in-state and out-of-state travel) TOTAL TOTAL TRAVEL COST to be charged to this grant $ 0 D) EQUIPMENT (Items costing $5,000 or more—see Instruction Manual) TOTAL TOTAL EQUIPMENT COST to be charged to this grant $0 E) CONTRACTED, CONSULTANT AND PROFESSIONAL SERVICES TOTAL Data Management, Storage, & Hosting $ 1,000 Training on ICS Common Database, Procedures, & Protocols for all providers $ 1,000 Parental Education (Strengthening Family Course Instructors for 12, 10 week sessions) $ 9,600 Program Evaluation by OMNI Institute $ 10,000 TOTAL CONTRACTED, CONSULTANT AND PROFESSIONAL SERVICES COST $ 21,600 to be charged to this grant F) TOTAL OF ALL PROJECT COSTS(A through E) $ 29,025 (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). The Project Plan in Section 2.2 laid out the basis for the entire project but the CMP is only asking for certain aspects of the project to be funded. This was done to reduce duplication and to use current resources more efficiently. The costs relating to this grant are associated with changing practices, training, and supporting an integrated, intensive court supervision process. A) PERSONNEL The cost for required Personnel and Court space for this Intensive Court Supervision program are being provided in- kind from various organizations to increase sustainability of this program after funding has ended. 1) The Court Magistrate operates on an exisiting caseload that will be adjusted to implement the program, thereby seeing youth once a week for ten weeks. Currently, the Magistrate sees 600 juveniles a year with 55-115 of those Juveniles being eligible for ICS for an in-kind of$23,920. (Salary$125,000/600 juveniles = $208/juvenile x 85 cases = $17,680) 2) The Court Facilitator will spend roughly 5 hours per week with the ICS program at$34/ hr for an in-kind of$8,840 ($34 x 5hrs per week x 52 weeks per year= $8,840) 3) The average Weld County Juvenile Probation Officer handles a caseload of 65 juveniles per year. With the potential to have 55-115 juveniles enrolled in the ICS Program and all of them being on probation as a court order, it is estimated that an in-kind contribution from probation would be$39,600 which is the equivilent of 1.0 FTE. Total Personnel Cost to be charged to Grant: $0 Total Personnel In-Kind: $66,120 B) SUPPLIES AND OPERATING 1) 300 Saliva Tests for Drugs and Alcohol - $125/25 tests- 300 Tests per year need for program = $1,500 Explanation: Saliva testing can be done right in the court room for much faster screening and confirmation of substance abuse. If positive, a urinalysis confirmation is done for confirmation (costs below). Faster screening is needed for the ICS Program and costs are based on existing costs for saliva-based testing and confirmation using urinalysis. 2) Urinalysis confirmation tests. - $35/test- 50 tests per year=$1,750 Explanation: If a saliva test returns a positive result, a urinalysis confirmation is done for verification. 3) Printing Costs - $450 Explanation: To address the need for a common treatment plan and to bring accountablility back to the youth and parents, the planning committee has designed a comprehensive, common reporting tool to improve system-wide use of resources. This 12 page packet, called a "Passport to Success", has sections for each portion of the ICS program for complete wrap-around service. Information includes court dates & UA results, probation information, substance abuse and behavioral health treatment information, school attendance, and other needed resources. Each juvenile in the ICS program will receive a "Passport to Success" and will use it throughout their involvement with the program. This information packet will also compliment the records management system (PRM)that is being developed for use by the professionals involved. The cost has been estimated at$2 per passport and it is assumed that we will need more to start with in case of accidental loss and the need for replacement. ($3 x 150 passports = $450) 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 4) Tutoring -$500 Explanation: Having an educational plan is required for all juveniles in the ICS Program and some of those juveniles need assistance in preparing their educational plan or preparing for their GED testing. Most school districts don't have the resources to supply one-on-one tutoring to assist juveniles in that educational plan prepararation and most juveniles can't afford their own tutoring to prepare for their GED tests. Community resources including Youth & Family Connections, University of Northern Colorado, and AIMS Community College have been utilized in the past to meet some of this demand. These funds, along with the continued use of community resources, will assist with tutoring expenses and online class fees that are often essential to the juvenile in obtaining or finishing their education. 5) GED Testing - $85 fee per test x 10 tests = $850 Explanation: These funds will allow 10 juveniles to take their GED Test and finish their educational plan who would not have been able to otherwise. 6) Incentives-$1,000 Explanation: Although some courts provide incentives based on a "drawing" or other happenstance, given that we are working with juveniles, we will begin with a structured schedule based on compliance. The juvenile and family will be involved in establishing the incentives by creating their own incentive list of things they would like to recieve. Possible incentives could include waiver of fees for GED, free urine analysis, food, clothes, gift cards of nominal value, Class fess (art, etc),Educational assistance, School supplies, Participation fees for athletics, Athletic equipment, Tickets to prom/school events, or Game/Athletic/Rec Center passes as examples. Behavioral Interventions ("BI") in Greeley, CO will be managing and tracking all incentive funds or donations that become available to the ICS Program. 7) Administrative Expenses -$1,375 (5% of$27,500) Explanation: Covers incidental staff time to facilitate organization of meetings and trainings, incidental staff travel, meeting expenses, grant management, and coordination efforts. Total Supplies and Operating Costs to be charged to Grant: $7,425 C) TRAVEL n/a Total Travel Cost to be charged to Grant: $0 D) EQUIPMENT n/a Total Equipment Cost to be charged to Grant: $0 E) CONTRACTED, CONSULTANT AND PROFESSIONAL SERVICES 1) Development of ICS Common Database -$18,000 FUNDED BY THE WELD COUNTY 1451 CMP Explanation: Youth & Family Connections currently uses a Web Portal based, paperless Records Management System for all client records. The 1451 Collaborative Management Program is in the process of funding a mirror of this the current system to include an ICS Program module to store all client records for youth/parents participating in this project. This will provide the necessary security and confidentiality features to allow the Court and partner agencies to use a common database system; improve communication and information sharing concerning youth/parent assigned to the ICS Program; reduce duplication of client records and streamline processes for therapists and case managers providing client services; and provide a medium to evaluate identified outcomes of this project. The common database, along with the "Passport to Success," will also allow for virtual meetings/staffings before court appearances and treatment appointments. 2) Data Management and Storage-$1,000 Explanation: Ongoing Information Technology support services for the common database system, which include web hosting, data storage, managament of database, and system technical support. 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 2O11 APPLICATION Justice Assistance Grant Program 2) BUDGET NARRATIVE—Continued,page 3 3)Training on ICS Common Database & Procedures for all providers-$1,000 Explanation: Once the common database is developed, there will be multiple trainings for providers involved to go over the use of the database, the common release of information form, and the policies and procedures of the ICS Program. These training sessions are needed to get the officers and caseworkers oriented with the new program and the new ways to communicate. The following groups will need the training and more could be added as the program is implemented: Probation Officers, Youth-in-Conflict caseworkers with Weld County DHS, Guardian ad Litems, SB 94 Pre Trial Services staff, Youth & Family Connections staff, select 19th Judicial District staff, Mental Health/Substance Abuse Treatment Providers and intake staff, and Utilization Review Team staff with Weld County DHS. Trainings are expected to be half to full day trainings with lunch and training materials provided. The development and printing of the training manuals and materials is included in the cost of the training. The trainings are to be at no-cost to the providers to encourage maximum attendance. Training costs associated with training the above staff to use the Colorado Juvenile Risk Assessment(CJRA)will also be offset with any available training funds after the initial training on the common database, protocols and procedures has been completed. Multiple State agencies are committed to using the CJRA as their standardized, evidenced- based juvenile risk assessment tool. In order to work well with our partner agencies throughout the State, the CMP and partners with the ICS Program are committed to receiving training on the full CJRA process once funding is available to do so. 4) Parental Education (The Strengthening Families Program Course Instructors for 12, 10 week sessions) - $9,600 Explanation: Parental education costs are estimated using an existing curriculm (below) created for offender youth (some of whom are parents) and their parents. Funding will go towards 12, 10 week sessions of the Stengthening Families Program for ICS participants and their parents. The Strengthening Families Program (SFP) is a nationally and internationally recognized parenting and family strengthening program for high-risk families. SFP is an evidence-based family skills training program found to significantly reduce problem behaviors, delinquency, and alcohol and drug abuse in children and to improve social competencies and school performance. Child maltreatment also decreases as parents strengthen bonds with their children and learn more effective parenting skills. 5) Program Evaluation by OMNI Institute-$10,000 Explanation: The CMP is fully committed to collecting the necessary data, and participating in an on-going evaluation of this project. For the past five years, the CMP's capacity to monitor, measure, evaluate and adapt programs has greatly improved, as evidenced through our latest Collaborative Management Program evaluation which was independently conducted by the OMNI Institute (OMNI), an external evaluator. OMNI will be contracted under this project to help with the collection of data to support a larger project evaluation and for reporting on required performance measures. The information gathered through the evaluation will be used as a program planning tool to help us examine program impact, identify best practices and determine where there are problems with collaborative efforts. This information will help us to continuously improve our processes and procedures which we believe will lead to improved participant outcomes. Though this evaluation, we will: 1. Track program progress; 2. Organize outcomes data to show how the collaborative partners are working together and 3. Use evaluative information for feedback and improvement recommendations. 4. Further develop the ICS Program in order to prepare the program model for wider dissemination Total Contracted, Consultant and Professional Services Costs to be charged to Grant: $21,600 Total Contracted, Consultant and Professional Services Costs Other Funding: $18,000 Total of ALL Grant Project Costs: $29,025 Total In-Kind Donation for Project: $66,120 Total Other Funding for Project: $18,000 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 $ 0 Direct Federal JAG Award* (see below) $ 0 State $ 0 County Government $ 0 Municipal Government $ 0 Private $ 0 Other—specify $ 18,000 Weld County 1451 Collaborative Management Program is in the process of funding a Web Portal based, paperless Records Management System for the ICS Program. (See pg 15 for details) TOTAL $ 18,000 *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 2011 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 ❑ Yes If YES, to which program? 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.) ❑ Yes ❑ No Does your accounting system separate ALL revenues and expenditures by funding source? O Yes ❑ No Does your system track revenues and expenditures for each grant award separately through a sub-ledger system? ❑ Yes ❑ 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? ❑ Yes ❑ No Do you reconcile sub-ledgers to your general ledger at least monthly? ❑ Yes ❑ No Do you mark your invoices with the grant number? ❑ Yes ❑ 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 ❑ 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: ❑ Yes ❑ 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: XInter-Governmental Grant Grant to a Colorado State Agency(Section A does not apply) Grant to a Unit of Local Government,Tribal Government,or Special District. Grant to a Non-Profit, Private Organization(Non-Governmental) 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 LEGISLATION 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 §24-10-10I, et seq., or the Federal Tort Claims Act,28 U.S.C. §§1346(b)and 2671 ,et seq.as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. (THIS PROVISION IS NOT APPLICABLE TO GRANTS TO COLORADO STATE AGENCIES): THE SUBGRANTEE AGENCY SHALL PERFORM THE DUTIES FUNDED UNDER THIS GRANT AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE STATE. NEITHER THE SUBGRANTEE AGENCY NOR ANY AGENT, SUB-CONTRACTOR,OR EMPLOYEE OF THE SUBGRANTEE AGENCY SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE BY VIRTUE OF THIS SUBGRANT. SUBGRANTEE AGENCY SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS GRANT. SUBGRANTEE AGENCY ACKNOWLEDGES THAT THE SUBGRANTEE AGENCY AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE SUBGRANTEE AGENCY OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. SUBGRANTEE AGENCY SHALL NOT HAVE AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS,LIABILITY,OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. IF THIS GRANT PROVIDES FUNDS FOR ANY PERSONAL SERVICES, SUBGRANTEE AGENCY SHALL PROVIDE AND KEEP IN FORCE WORKERS COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE)AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW AND SHALL BE SOLELY RESPONSIBLE FOR ITS ACTS OF ITS EMPLOYEES,INDEPENDENT SUB-CONTRACTORS AND AGENTS. 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 intergovernmental grants] Subject to CRS §24-30-202.4 (3.5),the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balance of tax,accrued interest,or other charges specified in CRS§39-21-101,et seq.; (c)unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. FEDERAL FUNDING. This subgrant is subject to and contingent upon the continuing availability of federal funds for the purposes hereof 12. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] The Subgrantee Agency certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this subgrant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this subgrant,through participation in the E-Verify Program or the Department program established pursuant to CRS §8- 17.5-102(5)(c), the Subgrantee Agency shall not knowingly employ or contract with an illegal alien to perform work under this subgrant or enter into a contract with a subcontractor that fails to certify to the Subgrantee Agency that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this subgrant.The Subgrantee Agency(a)shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this subgrant is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if the Subgrantee Agency has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this subgrant, (c) shall terminate the subgrant if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5),by the Colorado Department of Labor and Employment. If the Subgrantee Agency 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 I. 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 internal fiscal controls, proper financial management, efficient disbursement of funds received, and maintenance of required source documentation for all costs incurred. These principles must be applied for all costs incurred whether charged on a direct or indirect basis. b. All expenditures must be supported by appropriate source documentation. Only actual, approved, allowable expenditures will be permitted. c. The Subgrantee 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,rules 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. H. 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 terms of this agreement shall constitute a breach of the agreement. Any dispute concerning the performance of this agreement which cannot be resolved at the divisional level shall be referred to superior departmental management staff designated by each department. Failing resolution at that level, disputes shall be presented to the executive directors of each department for resolution. Failing resolution by the executive directors,the dispute shall be submitted in writing by both parties to the State Controller,whose decision on the dispute will be final. C. 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; ii. Part 22,Confidentiality of Identifiable Research and Statistical Information; iii. Part 23,Criminal Intelligence Systems Operating Policies; iv. Part 30, Intergovernmental Review of Department of Justice Programs and Activities; v. Part 35,Nondiscrimination on the Basis of Disability in State and Local Government Services; vi. Part,38,Equal Treatment for Faith Based Organizations; vii. Part 42 Nondiscrimination/Equal Employment Opportunity Policies and Procedure; viii. Part 61 Procedures of Implementing the National Environmental Policy Act; ix. Part 63 Floodplain Management and Wetland Protection Procedures; and, x. Federal Laws or regulations applicable to Federal Assistance Programs. 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-102, Common Rule-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments c) 28 CFR 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments ii. For non-profit organizations; a) 2 CFR Part 230, Cost Principles for Non-Profit Organizations(formerly known as OMB Circular A- 122) b) 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations (codified at 28 CFR Part 70 and formerly known as OMB Circular A-110) c) 28 CFR 70, Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations iii. For colleges and universities; a) 2 CFR Part 220, Cost Principles for Educational Institutions (codified at 28 CFR Part 66, by reference and formerly known as OMB Circular A-2l) 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-170) c) 28 CFR 70, Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations iv. For each agency spending more than$500,000 per year in federal funds from all sources; a) OMB Circular A-I33,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 funds made available under this grant: i. Will not be used to supplant state or local funds. ii. Where there is a reduced or unchanged local investment,then the Subgrantee Agency shall give a written explanation demonstrating that the Subgrantee Agency's reduced or unchanged commitment would have been necessitated even if federal financial support under this federal grant program had not been made available. 4. PROHIBITIONS ON LOBBYING WITH FEDERAL FUNDS (Subgrantees receiving $100,000 or more in total federal funds 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 8. NON-DISCRIMINATION The following federal non-discrimination cites apply in particular: the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968,as amended;Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et. seq. and Department of Justice Regulations on Disability Discrimination, 28 CFR Part 35 and Part 39; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; and Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations,41 CFR Part 60.1 et seq.,as applicable to construction contracts. 9. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) AND NATIONAL HISTORIC PRESERVATION ACT (NHPA)COMPLIANCE (42 USC§§4321-4370 and 16 USC§470) a. The Subgrantee 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 HJPAA 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.hotline(&usdoi.eov; 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 HIGHER EDUCATION ONLY: b. A self-insured, Subgrantee state Agency agrees that its Self-Insurance Program shall BE RESPONSIBLE FOR any and all claims, damages, liability and court awards, including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by the Subgrantee Agency, or its employees, agents, subcontractors, or assignees pursuant to the terms of this subgrant award. 2. STATEWIDE CONTRACT MANAGEMENT SYSTEM [This section shall apply when the Effective Date is on or after July 1, 2009 and the maximum amount payable to Subgrantee hereunder is$100,000 or higher] By entering into this subgrant, Subgrantee agrees to be governed,and to abide, by the provisions of CRS §24-102-205, §24-102- 206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Subgrantee performance shall be evaluated in accordance with the terms and conditions of this subgrant, State law, including CRS §24-103.5-101, 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-I09-106, 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. 1. Definitions. For the purposes of these Supplemental Provisions,the following terms shall have the meanings ascribed to them below. 1.1."Award"means an award of Federal financial assistance that a non-Federal Entity receives or administers in the form of: 1.1.1.Grants; 1.1.2.Contracts; 1.1.3.Cooperative agreements,which do not include cooperative research and development agreements(CRDA)pursuant to the Federal Technology Transfer Act of 1986,as amended(15 U.S.C. 3710); 1.1.4.Loans; 1.1.5.Loan Guarantees; 1.1.6.Subsidies; 1.1.7. Insurance; 1.1.8. Food commodities; 1.1.9.Direct appropriations; 1.1.10.Assessed and voluntary contributions;and 1.1.11.Other financial assistance transactions that authorize the expenditure of Federal funds by non-Federal Entities. Award does not include: 1.1.12.Technical assistance,which provides services in lieu of money; 1.1.13.A transfer of title to Federally-owned property provided in lieu of money;even if the award is called a grant; 1.1.14.Any award classified for security purposes;or 1.1.15.Any award funded in whole or in part with Recovery funds,as defined in section 1512 of the American Recovery and Reinvestment Act(ARRA)of 2009(Public Law 111-5). 1.2."Central Contractor Registration(CCR)"means the Federal repository into which an Entity must enter the information required under the Transparency Act,which may be found at http://www.bpn.gov/ccr. 1.3."Contract"means the contract to which these Supplemental Provisions are attached and includes all Award types in§1.1.1 through 1.1.11 above. 1.4."Contractor"means the party or parties to a Contract funded, in whole or in part,with Federal financial assistance,other than the Prime Recipient,and includes grantees,subgrantees, Subrecipients,and borrowers.For purposes of Transparency Act reporting,Contractor does not include Vendors. 1.5."Data Universal Numbering System (DUNS)Number"means the nine-digit number established and assigned by Dun and Bradstreet,Inc.to uniquely identify a business entity. Dun and Bradstreet's website may be found at:http://fedgov.dnb.com/webform. 1.6."Entity"means all of the following as defined at 2 CFR part 25,subpart C; 1.6.1.A governmental organization,which is a State, local government,or Indian Tribe; 1.6.2.A foreign public entity; 1.6.3.A domestic or foreign non-profit organization; 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 terms and conditions of the Federal Award to the Prime Recipient,including program compliance requirements.The term"Subrecipient"includes and may be referred to as Subgrantee. 1.13."Subrecipient Parent DUNS Number"means the subrecipient parent organization's 9-digit Data Universal Numbering System(DUNS)number that appears in the subrecipient's Central Contractor Registration(CCR)profile, if applicable. 1.14."Supplemental Provisions"means these Supplemental Provisions for Federally Funded Contracts,Grants,and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006,As Amended,as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.15."Total Compensation"means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following: 1.15.1.Salary and bonus; 1.15.2.Awards of stock,stock options,and stock appreciation rights,using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005)(FAS 123R),Shared Based Payments; 1.15.3.Earnings for services under non-equity incentive plans,not including group life, health,hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4.Change in present value of defined benefit and actuarial pension plans; 1.15.5.Above-market earnings on deferred compensation which is not tax-qualified; 1.15.6.Other compensation, if the aggregate value of all such other compensation(e.g. severance,termination payments,value of life insurance paid on behalf of the employee,perquisites or property)for the Executive exceeds$10,000. 1.16."Transparency Act"means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282),as amended by §6202 of Public Law 110-252.The Transparency Act also is referred to as FFATA. 1.17"Vendor"means a dealer,distributor,merchant or other seller providing property or services required for a project or program funded by an Award.A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2.Compliance.Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions.Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions,without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions,but such notice shall not be a condition precedent to the effectiveness of such revisions. 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.coloiado.aov/dpa/dfp/sco/FFA'fA.httn. 6. Effective Date and Dollar Threshold for Reporting.The effective date of these supplemental provisions apply to new Awards as of October 1,2010.Reporting requirements in §7 below apply to new Awards as of October 1,2010, if the initial award is$25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of$25,000 or more,the Award is subject to the reporting requirements as of the date the Award exceeds$25,000. If the initial Award is$25,000 or more,but funding is subsequently de-obligated such that the total award amount falls below$25,000,the Award shall continue to be subject to the reporting requirements. 7.Subrecipient Reporting Requirements. If Contractor is a Subrecipient,Contractor shall report as set forth below. 7.1 To CCR.A Subrecipient shall register in CCR and report the following data elements in CCR for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number; 7.1.2 Subrecipient DUNS Number+4 if more than one electronic funds transfer(EFT) account; 7.1.3 Subrecipient Parent DUNS Number; 7.1.4 Subrecipient's address, including: Street Address,City,State,Country,Zip+4,and Congressional District; 7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and 7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 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 Spec ral Provisions&Certified Assamuees:mat be subtracted with the apptrcaLon 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 (2erlilled Assurances, and arc 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 knots the authority and responsibility of the Authorized Ufticici. In accordance ,with the Colorado Revised Statutes 24-72-202.6. inlimnation supplied in this application is considered a public record. AUTHORIZED OFFICIAL Name /narbara Kirkmeyer Position Chair, Board of Weld County Commissioners Agency Weld County, Colorado Mailing Address 915 10th Street, P.O. Box 758 ( ity,State,Zip Greeley, Colorado 80632 Telephone# 970-356-4000 X4200 hax --- 970-352-0242 It mail Address - -1 bkirkmeyer@co.weld .us Signature Acozatub, Date 2/23/2011 PINANCIA OFFICER Name I� PUsItIU❑ / C2) t `1 ( C Aci ,16L ,-' {� C� C� Agency \--s3 �- � r� � I t y��I Ia�L � C3 t, �r Mailing Address C1 C 1Ei c1 City,State,Zip ---- Telephone# () l b _ 3���- LID Lc Fax # q 1b - SOL\ — y - � L-mail Address t •CkEr'�A t"' C- tc L> W e Signature Date PROJECT DIRECTOR Name ----- /(tU /' z71 /'T /Oa C � Position Agency LJ,4 c G e Can/ i Y istr2>c;,zelf- 6/a%1-cf - Mailing Address 7 City,State,Zip -- elephone# - I Fax # 97/ : ? E-mail Address C v _ c.rJ� G 742 4,2i-1) � _ .. lis Signature /Z- CF-7°. r C7 — Ua �r I JAG Special Provisions and Certified Assurances Page 14 of 14 11/17/10 9cY/-t✓ o( Hello