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HomeMy WebLinkAbout20090379.tiffRESOLUTION RE: APPROVE GRANT CONTINUATION APPLICATION TO DIVISION OF CRIMINAL JUSTICE (DCJ) FOR JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Grant Continuation Application for the Juvenile Diversion Program from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, to the Colorado Division of Criminal Justice, with terms and conditions being as stated in said grant continuation application, and WHEREAS, after review, the Board deems it advisable to approve said grant continuation application, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Grant Continuation Application for the Juvenile Diversion Program from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, to the Colorado Division of Criminal Justice be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of February, A.D., 2009. BOARD OF COUNTY COMMISSIONERS COLORADO ATTEST: Weld County Clerk to the Boa BYk _ APP D2 ounty A orney Date of signature- a lD3INg1 David E. Long illiam F. Garcia, Chair Dougla Radema9her, Pro-Tem cc ern P. Conway arbara Kirkmeye 2009-0379 DA0022 D COLORADO DIVISION OF CRIMINAL JUSTICE STATE JUVENILE DIVERSION PROGRAM FUNDS - CONTINUATION APPLICATION - SECTION I - APPLICANT INFORMATION STATE USE ONLY App N: Grant 1f: Award: APPLICANT AGENCY: Weld County District Attorney's Office Address Post Office Box 1167 City, ZIP Greeley, CO 80632 Project Director Kirsta Britton E-mail kbritton(a,co.weld.co.us Telephone (970)356-4010 extension 4775 FAX (970)392-4572 Federal Employer ID Number 8 4 6 0 0 0 8 1 3 YEAR 2 STATE FUNDS REQUESTED: $57,085 TOTAL MATCH:$19,028 TOTAL: $76,113 YEAR 3 STATE FUNDS REQUESTED: $116,743 TOTAL MATCH:$43,154 TOTAL: $159,897 TYPE OF AGENCY: (check one) ■ State ■ City/Town X County ■ Indian Tribe Other •Private Non -Profit ❑Faith -Based Non -Profit ■ FUNCTION OF • Law Enforcement ■ Probation X Prosecution AGENCY: ■ Social Services ■ Youth Services • Courts • Education • Treatment/Mental Health • Public Defense • Other Describe: ■ Treatment/Substance Abuse TYPE OF APPLICATION New: Continuation: O Start a new project X Continue a project currently receiving State funds not project receiving State funds • Expand or enhance an existing project ■ Expand/enhance an existing Previously state -funded FOR CONTINUATION APPLICATIONS, LIST UP TO THREE YEARS OF PRIOR STATE FUNDING IN THE TABLE BELOW. GRANT NUMBER STATE FUNDS DURATION 29 -DV -I9-05 $63,934 7/1/2008-6/30/2990 28 -DV -19-05 $93,619 7/1/2007-6/30/2008 27 -DV -19-05 $74,760 10/12006-6/30/2007 PROJECT TITLE: 19th Judicial District, Weld County: Juvenile Diversion Program PROJECT DURATION: From 7/1/2009 To 6/30/2010 PROJECT ABSTRACT (Limit to space provided): The Weld County District Attorney's Juvenile Diversion Program will be working to divert first-time, non-violent, juvenile offenders from the traditional court system into a restorative justice based program to address the juvenile's needs and community safety; repairing the harm caused and encouraging their future endeavors. PROJECT WILL BE USING EVIDENCE -BASED PROGRAMS OR ACTIVITIES: X Yes ❑No SERVICE AREA: U. S. Congressional District(s): 01 O2 ❑3 X 4 O5 O6 O7 ❑Statewide Judicial District(s) (Identify by District Number): l9th Judicial District Cities and Counties to be served: Weld County, including Greeley, Evans, Windsor, Fort Lupton, etc. IS THE JURISDICTION(S) TO BE SERVED IN COMPLIANCE WITH THE JJDP ACT? X Yes ❑ No ❑ No, but working with DCJ Compliance Monitor. DCJ USE ONLY- Jurisdiction Compliant with JJDP Act? State Juvenile Diversion —Continuation Application (11-07) 2009-0379 SECTION II - CONTINUATION APPLICATION PROGRAM INFORMATION 1. PROJECT DESCRIPTION (Limit 3 pages) The Weld County District Attorney's Office Juvenile Diversion Program seeks to match first time offenders with the appropriate level of services upon their first contact with law enforcement. The program philosophy is that providing the proper services as soon as possible will best address a juveniles needs and therefore, be a preventative measure in eliminating future law violations. Through understanding the juvenile and the communities' needs, not all juveniles are appropriate for the low level of supervision that Diversion provides; therefore, the program does not accept all juveniles referred to the program. The juveniles who complete the program are exposed to restorative justice principles. Though resources prohibit all juveniles from participating in a formal Restorative Justice program, diversion sanctions strive to repair the harm done to the juveniles community, including their school, neighborhood, trust with parents or guardians and the victim. Once a referral is made by the Deputy District Attorney at the pre -filing phase, the Director will do a thorough file review to insure that there have been no past law violations. Upon intake of appropriate juveniles, criteria for acceptance includes the juvenile's level of responsibility for their behavior, issues with the juvenile that prevent the diversion program from being the appropriate agency to address them, level of parental involvement, attitude and an absence of active gang affiliation. In addition, juveniles can be referred to the diversion program for a modified unsupervised sentence if it is their first law violation and it is a non-violent offense. The juvenile has been adjudicated a delinquent in court and is sentenced to comply with sanctions of the court, monitored by the diversion program. The diversion program will accept juveniles who have committed an offense while they were between the ages of 10-17. The diversion program will not accept juveniles with a violent criminal offense to ensure that victims' rights are properly addressed. Most cases referred to diversion are misdemeanor cases, but felony offenses are addressed when the circumstances are appropriate. Treatment and supervision plans are designed on a case by case basis for pre -adjudicated diversion cases. The program recognizes that all juveniles' issues cannot be addressed with a single solution. A thorough interview with the juvenile and the parent occurs; with all parties providing input on what they feel could best address the juvenile's unique situation. Sanctions are based on information that arises from the interviews, background checks and the offense that has occurred. Juveniles with substance abuse involvement are referred to a treatment agency for a substance abuse evaluation and are required to comply with the recommendations of that evaluation, as well as to provide random urinalysis testing, provided by an outside agency. Juveniles with mental health needs are required to meet with an outside therapist or counselor and attend sessions as deemed necessary by the clinician. The program will refer to local therapists or counseling agencies when appropriate, such as when the family does not have insurance or has insurance coverage that does not dictate the provider. Additional programming such as anger management, parenting classes, mentoring, tutoring, or life skills education are assigned when appropriate and the juvenile is referred to outside collaborative agencies to complete those requirements. The program coordinates a monthly Restorative Justice Group Conference for those who have been contacted for a shoplifting offense. The conference is facilitated by volunteers at a neutral site on a Saturday morning. Restorative justice conferences are facilitated for other offenses, if the victim and offender are appropriate for such a conference and if resources permit. If a restorative justice conference is not required, program participants are required to write a letter of apology if appropriate or encouraged to perform community service for the victim or at the site where the offense occurred if appropriate. State Juvenile Diversion —Continuation Application (11-07) -2- If a juvenile commits a new law violation while in the diversion program, the juvenile will go to court for the offense being addressed by diversion, as well as for the new offense. Based on the admission of guilt for the original offense, the juvenile will enter a guilty plea for the offense previously addressed by the pre -adjudicated diversion program. Juveniles who are sentenced to diversion post adjudication will have the original sentence revoked based on a motion filed by the Director and Deputy District Attorney. Juveniles will successfully complete the program once written verification of all assigned sanctions occurs within the assigned time period. Juveniles in the pre -adjudication diversion program are initially given 90 days to complete all sanctions. At the end of this time period, a thorough file review is conducted to insure that the juvenile remains law abiding and is engaged in school. At this time, supervision is terminated if appropriate. Supervision may be extended at the parents' request, either for more time to complete assigned tasks or because the parent feels that the juvenile could benefit from further supervision. Once the case is terminated from supervision, the charges are dropped and no further legal action can occur. For those sentenced post adjudication, the case will be closed successfully. If the juvenile has not completed tasks as agreed upon, program staff will work with the family to determine if further time or assistance is needed or if the juvenile would be best served by appearing before the magistrate judge and being sentenced to probation. If the juvenile does not respond and does not complete sanctions, the Director will turn the case over to the Deputy District Attorney with a request to file charges on the juvenile. The Deputy District Attorney will file charges in court, closing the Diversion case unsuccessfully. For juveniles sentenced to Diversion post adjudication, a motion to revoke their diversion sentence is filed. The juvenile will then be given a sentence of probation based on their offense. State Juvenile Diversion — Continuation Application (I 1-07) 2. POPULATION TO BE SERVED (Limit 1/2 page) Based on the demographic data from the last two years since the diversion programs implementation, the gender and ethnic backgrounds of the participants have remained stable and consistent with the demographics from the Colorado Department of Education specific to Weld County. The numbers estimated below for the juveniles to be served by this grant award are consistent with the overall demographics for the county. Number of Juveniles Targeted to be Served White Black Hispanic Asian/Pacific Islander Native American Other/ Unknown Total Males 42 33 3 78 +/- Females 40 30 2 72 +/- Total 82 63 5 150 Percent of Total to be Served with Limited English Proficiency: 25 A Spanish language interpreter is available within the office for phone calls at all times and is available for appointments as needed. Gender specific programming training has been attended by the Director which has impacted interactions with the females in the program. In addition, the diversion program is collaborating with a local agency to create a gender specific education group. Training regarding cultural sensitivity is provided by Weld County. This training has been attended by the Director and training will be sought for additional employees working for the program. State Juvenile Diversion —Continuation Application (11-07) 3. SUMMARY OF PROGRESS (Limit 1 page) Goal one is to reduce the number of juvenile delinquency filings/cases by successfully diverting 150 juveniles from the traditional juvenile justice system. Based on numbers to date, the program is on track to divert 150 juveniles from the court system pre -adjudication. In addition, effective January 1, 2009, juveniles can be sentenced by the court to a post adjudication diversion program. It is projected that approximately 150 juveniles could be sentenced to diversion supervision as well. The Probation Department had a record number of cases sentenced to their supervision in 2008 and has commended the diversion program for their work in alleviating some of that burden. The second goal outlined is to provide restorative justice programming, if appropriate, to all juveniles participating in the diversion program. The program continues to provide a restorative justice conference for juveniles with a shoplifting offense on a monthly basis, which is the first objective affiliated with this goal. The second objective is to provide victim/offender and family group conferencing to appropriate juveniles. Due to a lack of volunteers and agencies providing restorative justice services to the community, this has been difficult but work towards fulfilling this objective is on -going. The third goal is that juveniles successfully completing the Diversion program will have less than a 10% recidivism rate 2 years following completion of agreement activities. Current data shows that 88% of youth who have successfully completed the diversion program remain law abiding after 2 years time. Twelve percent of youth completing Diversion, within two years time, have been charged with a Petty Offense, Misdemeanor or Felony. State Juvenile Diversion — Continuation Application (II -07) 4. PROGRESS ON GOALS AND OBJECTIVES (Limit 2 pages) 3. PROGRESS ON GOALS AND OBJECTIVES — continued C 3 Y .t Y o U Ca. ti ti cd N U J 0 to 2 C) C) W O L •cn w cn L . V Y C L 3 >o v, b t g L C W° E L - y ti o ti s. o .6 y o 2 o u a. � I 0 V w 0 o u b Y .E cx C U 0 b R R 0 ^O R 0 r# z h in the county. U N U � C N o � C o O Ii: O w t•o .- C m O one 0 Ca. 'CI u o b a ct o t U O 3 0 o N o cid E O 1.1 o o '4 u ti o A Ea *C74 Ow o a OC C cid a ACV 'O O O R N Y O 0 I) W Ct tet .O U ti rd L U O en -x /� cd v 5. LESSONS LEARNED (Limit 1 page) The hope is that this program will always be fluid and evolve with the needs of the community so we are best meeting the needs of the youth served. Because of the role that the District Attorney's Office plays in the juvenile justice community, and therefore, the professional roles extended to the Director of the Diversion Program in the form of boards and other collaborative meetings, the program has been able to be out in the community meeting with other agencies and offices serving juveniles. This collaboration insures that we are not duplicating services in our community and allows the director to be able to gauge where this program needs to go based on the needs and resources of other agencies. Working in collaboration with other offices and agencies educates the program with current information and needs of the community so that the program may make appropriate changes to best meet the needs of our youth. Collaboration with other area programs and agencies is critical in serving area youth with relevant sanctions and therefore, continuing to be effective when handling cases. The greatest challenge our program faces in Weld County and specifically Greeley, where a large amount of the referrals originate, is the lack of agencies providing specific Restorative Justice services to outside referring agencies. The diversion program can rely on a select amount of volunteers but they cannot meet the needs of all program youth in the amount of time they have available to volunteer in the community. Outreach for volunteers trained in Restorative Justice conferencing is on -going. Hopefully initiatives at the state level will prompt area agencies to begin to provide more restorative justice services to Diversion, Probation, Parole and Senate Bill 94 services. The Director is in the early stages of collaboratively working with our local mental health agency to begin offering some Restorative Justice Services as a part of their juvenile programming. State Juvenile Diversion — Continuation Application (11-07) -8- 6. UPDATED GOALS AND OBJECTIVES (Limit 2 pages) GOAL 1: Reduce the number of juvenile delinquency filings/cases by successfully diverting 250 juveniles from the traditional juvenile justice system. OUTCOME MEASURE (S) & MEASUREMENT TOOLS Simply based on the number of juveniles accepted into the program, this goal will be measured. However, the number of referrals will be dependant on the cases referred to the program by the District Attorney. Simply based on the number of juveniles accepted into the program, this goal will be measured. However, the number of referrals will be dependant on the cases referred to the program by the Court. OUTCOMES SHORT-TERM & LONG-TERM Reduced caseloads for the Court, the District Attorney's Office, and the Probation Department. Allowing the focus of these agencies to be targeted toward the higher risk juveniles committing more serious crimes against the community improves the overall effectiveness of the juvenile justice system in the County. Reduced caseloads for the Probation Department. Allowing the focus of the Probation Department to be targeted toward the higher risk juveniles committing more serious crimes against the community improves the overall effectiveness of the juvenile justice system in the County. SERVICES TO BE PROVIDED Assessment and Interview with potential juvenile diversion candidates prior to filing charges in court. Upon acceptance, case management and referrals to community agencies will be made if appropriate. Provide case management and referrals to community agencies, after being sentenced by the court to the Diversion program. OBJECTIVE 1.1: OBJECTIVE 1.2: *Goal 1 Modifications reflect that the program will accept post adjudicated cases as well as those that occur at the pre -filing phase. GOAL 2: Provide restorative justice programming, if appropriate, to all juveniles participating in the diversion program. OUTCOME MEASURE (S) & MEASUREMENT TOOLS Juveniles participating in the Conference will not commit further shoplifting offenses. This will be verified through the District Attorney's Office. OUTCOMES SHORT-TERM & LONG-TERM Participation in the Conference will provide appropriate victim empathy and reduce recidivism among these juveniles thereby decreasing the likelihood of continued community victimization. SERVICES TO BE PROVIDED Restorative Justice Shoplifting Conference. OBJECTIVE 2.1: GOAL 3: Juveniles accepted into the Diversion program and successfully completed the agreements will have a less than 10% recidivism rate after 2 years following the completion. OUTCOME MEASURE (S) & MEASUREMENT TOOLS This will be verified through the District Attorney's Office not only at the 2 year mark but also at the 6 -month and 1 -year milestones. This will be verified through the District Attorney's Office. OUTCOMES SHORT-TERM & LONG-TERM Participation in the program will enable the juveniles to repair the harm caused by their behavior and provide an opportunity to encourage their future endeavors. In addition, the reduced recidivism rates will continue to benefit the traditional court system. They will not be committing additional criminal offenses that would be subsequently handled within the system. SERVICES TO BE PROVIDED Appropriate sanctions, referrals, and encouragement will be provided through case management and supervision of the juveniles. J OBJECTIVE 3.1: OBJECTIVE 3.2: *Addition of Goal 4 reflects that the program is willing to work with first time sex offenders, if Diversion is the appropriate level of services. 7. SUSTAINABILITY (Limit'' page) The diversion program has been funded by this grant opportunity for the past two years. We are requesting that in the coming fiscal year, the grant fund the full-time Director position and a Spanish Language interpreter for 10 hours per month. Changes in staffing levels over the past year have been made to accurately reflect program needs in a fiscally responsible manner. The Weld County Commissioners through the District Attorney's office has funded a Case Manager position and/or the required cash match for the grant since January 2006. By proving fiscal responsibility of the program as well as outcome statistics that prove that the program is effective in preventing future juvenile crime, the diversion program aims to exhibit to collaborative agencies and other potential funders, including the Weld County Commissioners that the program is worth funding. Potential cost savings to the community can be calculated to include the number of community service hours completed by diversion participants, the salary and time saved that would have been incurred by the employees of local low enforcement, the District Attorney's Office, the Courts, and the Probation Department had the cases proceeded or returned to Court, and if the juveniles remain law-abiding and complete their education they will become productive employees and members of the community State Juvenile Diversion — Continuation Application (11-07) SECTION III - BUDGET BUDGET TABLE: Please refer to application instructions for more detail on completing the budget tables. Funding Source Breakdown In -Kind Match Cash Match 0O 00 r 69 U M 69 N W 69 Requested $ tn v M 69 rn 69 L$54,647 in 1-4 O00 F $71,274 00 69 00 N b9 (4) % of Time for this Project o o - e O - 1' o k1O 0 PERSONNEL TOTAL 3 o M H 7 up e N U9 II , in d9 II II II (2) Annual Fringe Benefit Cost .4 a vp 0 VI $94 (1) Annual Full - Time Salary 00 69 O1 A. PERSONNEL Director a. N Y c Funding Source Breakdown In -Kind Match Cash Match $500 $500 Requested $ o O o h 69 0 O — 93 ra 4 0 F o o co o o Se 0 O O N GA B. SUPPLIES AND OPERATING Misc. Office Supplies: business cards, folders/dividers, labels, pens, etc. SUPPLIES AND OPERATING TOTAL BUDGET TABLE (continued) Funding Source Breakdown In -Kind Match Cash Match $187 r oo 69 Requested $ $563 $563 r7 d $750 F O c in F tia C. TRAVEL (Designate specifically in -state and out-of-state travel) In State Travel TRAVEL TOTAL Funding Source Breakdown In -Kind Match Cash Match Requested $ d F O F vi D. EQUIPMENT EQUIPMENT TOTAL Funding Source Breakdown In -Kind Match Cash Match 64 69 $125 Requested $ $375 $375 TOTAL $ 500 c o in E. CONTRACTED, CONSULTANT AND PROFESSIONAL SERVICES OMNI Research & Evaluation — Online Reporting CONTRACTED, CONSULTANT AND PROFESSIONAL SERVICES TOTAL Funding Source Breakdown In -Kind Match Cash Match 00 N O O' 69 000 O N \o it, N 69 d v uv 7 y 1°1 C •y o oo 0 f" � M ti Nr 69 F. TOTAL OF ALL PROJECT COSTS (A through E) 2. BUDGET NARRATIVE: (Limit 3 pages) A. PERSONNEL: The amount requested is to fund the Director's full-time position and the part time Spanish Language Interpreter position. The Weld County Commissioners through the District Attorney's Office will fund 25% of all costs of operating the Diversion program, which include a quarter of all salary expenditures. The Director has a Bachelors Degree in Human Development and Family Studies and has been working with youth in a criminal justice setting for 8 years. Specific job descriptions are included as an attachment. The increase in funding for the Director salary includes the projected increase in salary provided per county policy based on amount of time employed by the county and a projected cost of living range, which is typically between 3% and 3.5%. While this position will be funded at a higher amount, there is still a cost savings regarding personnel, as the part time interpreter position has been reduced to 10 hours per month. The position had formerly been funded 100% by the grant for 20 hours per week. In addition, as a result of the Director not participating in the County health insurance benefit program, the cost of benefits has decreased significantly for the coming fiscal year. The amount included for the Director's position includes the annual base salary of $60,583.03 with $10,690.49 in benefits, totaling $71,273.51. Compared to last year, this includes a salary increase of $6,101 as a result of the county pay increase schedule. Even given this increase in salary, the Directors of similar area programs such as the Juvenile Assessment Center and the Director of the Weld County Interagency Oversight Group, were posted at a starting salary of $75,000 including benefits. Recent cost of living adjustments place the Juvenile Assessment Center Directors current salary at closer to $83,000 plus benefits. The Spanish Language Interpreter pay is being requested on a limited number of hours, which does not equally compare to the rest of the general business public. To contract with another interpreter would be cost prohibitive. B. SUPPLIES AND OPERATING: Line items to include office supplies are estimated to cost $2,000. Items to be purchased will include paper supplies such as file folders, dividers, paper, envelopes, business cards, calendars, general office supplies (pens, paperclips, post -its, tablets, etc) and school supplies if necessary for the juveniles participating in the program. C. TRAVEL: Training is sought in certain areas, including Restorative Justice and gender specific programming, as well as training best practice principles for working with juveniles, if registration fees are reasonable. As most trainings are held in the metro or mountain areas of the state, and Weld County is in the northern part of the state, gas and possibly lodging are required to attend many training opportunities. The Director did attend the 2008 Senate Bill — 94 training and plans to attend this beneficial training again in the future. While the registration cost was waived as a result of collaboration work with the local Senate Bill — 94 board, travel expenses (gas, food, hotel) were not and were covered by reimbursement from the grant. As the Department of Youth Corrections and Senate Bill — 94 strive to implement evidence based programming for local communities; these types of training are beneficial and will be attended in the future if possible. - 14 - Mileage is estimated at the rate of $.53/mile. It is estimated that mileage and associated training and service costs will be $750.00 D. EQUIPMENT: At this time, it is not anticipated that the diversion program will require any equipment as defined in the application during this grant period. E. CONTRACTED, CONSULTANT & PROFESSIONAL SERVICES (Contracts): It is not anticipated that the diversion program will be contracting specifically with an individual or business to provide direct services to the juvenile or their families in the program. The exception is the required expense by DCJ for the utilization of the CoKit database. - 15 - 3. FINANCIAL MANAGEMENT: Please complete the items below. A. Has a copy of your last independent audit or financial review been previously submitted to DCJ? X YES/ NO. If YES, to which program? _Victim Compensation If audit last provided to DCJ is older than one year, include one copy of the most recent audit or financial review, including any management report or other auditor comments in the appendix. Also, if there were findings, please attach the audit resolutions and/or corrective action plan. B. Does your agency expend over $500,000 from combined federal sources in a year? _X_ YES / NO If YES, attach a copy of the A-133 audit, including audit resolutions and/or corrective action plan. C. Please respond to the following questions about whether your accounting system meets the criteria for managing federal grant funds. (These questions cover areas that will be monitored by DCJ staff during site visits or through other reporting mechanisms. They are not intended to be all inclusive and do not substitute for the agency's responsibility to meet all federal and state requirements for these grant funds.) X YES NO Does your accounting system separate ALL revenues and expenditures by funding source? X YES NO Does your system track revenues and expenditures for each grant award separately through a sub -ledger system? X 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? X YES NO Do you reconcile sub -ledgers to your general ledger at least monthly? X YES ENO Do you mark your invoices with the grant number? X YES NO Do you maintain time sheets, signed by the employee and supervisor for each employee paid by DCJ grant funds? X YES NO Do you have written financial policies and procedures in place? X 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 X YES NO Do you use your accounting system data to prepare your quarterly financial reports for DCJ? X 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 an explanation on an inserted page referencing Section VI Item #3. - 16 - 4. TOTAL PROJECT FUNDING: Will this project BE FUNDED using ADDITIONAL FUNDS other than those provided from this grant? X_YES / NO If yes, what % of the total project costs will be supported by these federal funds? _75_% List the type and amount of other funding that will be provided to this project. Fund Type/Describe Amount Federal State County Government $19.028 Municipal Government Private Other - specify TOTAL $19,028 (25% cash match) -17- SECTION IV - CERTIFICATION OF MATCH A Certification of Appropriation of Match form should be completed by all agencies providing match. Certification of Appropriation of Match Date: February 3, 2009 Colorado Division of Criminal Justice Office of Adult and Juvenile Justice Assistance 700 Kipling Street Denver, Colorado 80215 To Whom It May Concern: Please be advised that Weld County Government has committed support in the form of X Cash Match in the amount of $ 19,028.03 and/or ❑ In -kind Match valued at $ to match the State of Colorado funds for the FY _$57,084.09_ COLORADO JUVENILE DIVERSION PROGRAM for 19th Judicial District, Weld County: Juvenile Diversion Program (Project Title or Agency) Execution of this document represents a certification that said funds have been earmarked within the appropriation of budget process for use as matching funds for this grant application. Sincerely, ,v;d:i2(6) 04)k): (.4 Signature/Date The individual authorized to commit these funds on behalf of the unit of local government or corporation. This individual is either the authorized official or appropriate controller of the matching funds. Barbara Connolly, CPS, Weld County Department of Accounting, Controller Typed Name and Title Weld County Government, Post Office Box 758, Greeley, Colorado 80632 Agency, Address _18- SECTION V - CERTIFICATIONS/SIGNATURES These pages contain the required state certified assurances and certifications (updated) necessary for the applicant to qualify for funding. Read these carefully. If you have any questions regarding these assurances, call OAJJA. These pages must accompany the completed application. -19- COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions & Certified Assurances must remain attached to the application May 13, 2008 SPCA Page 1 of 7 CHECK BELOW TO INDICATE WHICH CATEGORY BEST DESCRIBES YOUR AGENCY: X Inter -Governmental Grant Grant to a Colorado State Agency (Section A does not apply) X Grant to a Unit of Local Government, Tribal Government, or Special District. Grant to a Non -Profit, Private Organization (Non -Governmental) The applicant certifies by signing that the project described in this application meets all the requirements of the applicable governing legislation as indicated below; that all information contained in the application is correct; that there has been appropriate coordination with affected agencies; and, that the applicant will read, understand and comply with all provisions of the governing legislation and all other applicable federal and state laws, rules and regulations that have been or may hereafter be established. The applicant further understands and agrees that any subgrant award received as a result of this application shall be subject additionally to the grant conditions set forth in the Statement of Grant Award, and in the current applicable Administrative Guide of the Division of Criminal Justice. GOVERNING LEGISLATION FOR THIS GRANT PROGRAM• Juvenile Diversion Program. As defined in Colorado Revised Statutes §19-2-203, and under statutory authority of the Division of Criminal Justice, Colorado Revised Statutes §24-33.5-503, and under applicable program rules established by the Division of Criminal Justice. A. STANDARD STATE SPECIAL PROVISIONS Effective Date of Special Provisions: August 7, 2006 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This subgrant award shall not be deemed 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. INDEMNIFICATION. a. 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 INTERGOVERNMENTAL GRANTS ONLY: b. No term or condition of this grant 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, Section 24-10-101, et seq., C.R.S. or the Federal Tort Claims Act, 28 U.S.C. 2671, et seq., as applicable, as now or hereafter amended. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions & Certified Assurances must remain attached to the application May 13, 2008 SPCA Page 2 of 7 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2: (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 7'HE 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. 5. NON-DISCRIMINATION. The Subgrantee Agency agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this subgrant. Any provision of this subgrant, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall 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 will not invalidate the remainder of this subgrant, to the extent that the subgrant is capable of execution. At all times during the performance of this subgrant, the Subgrantee Agency shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. VENDOR OFFSET. CRS 24-30-202 (1) & CRS 24-30-202.4 (THIS PROVISION APPLIES TO NON -INTERGOVERNMENTAL GRANTS ONLY) The State Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (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 or its agencies as a result of final agency determination or reduced to judgment, as certified by the State Controller. 8. EMPLOYEE FINANCIAL 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. 9. SOFTWARE PIRACY PROHIBITION. (Governor's Executive Order D 002 00) No state or other public funds payable under this subgrant shall 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 that, for the term of this subgrant and any extensions, the Subgrantee Agency has 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 paragraph, 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. 10. FEDERAL FUNDING This subgrant is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions & Certified Assurances must remain attached to the application May 13, 2008 SPCA Page 3 of 7 11. 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 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. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Subgrantee Agency, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this subgrant. B. GRANT REQUIREMENTS 1. FINANCIAL & ADMINISTRATIVE MANAGEMENT a. The Subgrantee Agency assures that fund accounting, auditing, monitoring, evaluation procedures and such records as necessary will be maintained to assure adequate internal fiscal controls, proper financial management, efficient disbursement of funds received, and maintenance of required source documentation for all costs incurred. These principles must be applied for all costs incurred whether charged on a direct or indirect basis. b. All expenditures must be supported by appropriate source documentation. Only actual, approved, allowable expenditures will be permitted. c. The Subgrantee Agency assures that it will comply with the provisions of the current applicable Administrative Guide of the Division of Criminal Justice which is hereby incorporated by reference. However, such a guide cannot cover every foreseeable contingency, and the Subgrantee Agency is ultimately responsible for compliance with applicable state and federal laws, rules and regulations. 2. PAYMENT & REPORTING a. The Division of Criminal Justice will pay the Subgrantee Agency the reasonable and allowable costs of performance, in accordance with current Colorado State Fiscal Rules, not to exceed the amount specified herein as the Total Award Amount, as identified on the Statement of Grant Award. b. The Division's requirements for invoice, advance payments, and cost reporting submissions are contained in the DCJ Form 3 - Cash Request Procedures, and DCJ Form 1-A - Subgrant Financial Report, which are hereby incorporated by reference. c. Advance payments cannot exceed 30 -day operating expenses. d. The Subgrantee Agency assures that it shall maintain data and information to provide accurate quarterly program narrative and financial reports to the Division. Said reports shall be provided in such form and contain such data and information as the Division of Criminal Justice reasonably requires to administer the program. e. The Subgrantee Agency assures that quarterly financial and narrative reports shall be submitted within 30 days of the end of each calendar quarter and shall be current and actual. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions & Certified Assurances must remain attached to the application May 13, 2008 SPCA Page 4 of 7 f. The Subgrantee Agency further assures that final financial and narrative reports shall be submitted on the forms provided by the Division of Criminal Justice within 45 days of the end date of the subgrant. g. 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. h. The Division may withhold payment in the event the Subgrantee Agency fails to comply with conditions, including all financial reporting requirements and certifications contained in this grant award. 3. PROCUREMENT AND CONTRACTS a. The Subgrantee Agency assures that open, competitive procurement procedures will be followed for all purchases under the grant. All contracts for professional services, of any amount, and equipment purchases over five thousand dollars (per item, with a useful life of at least one year) must receive prior approval by the Division of Criminal Justice. b. The Subgrantee Agency assures that no contract or agreement will be made for execution of project activities or provisions of services (other than purchase of supplies or standard commercial or maintenance services) that is not incorporated in the approved application or approved in advance by the Division of Criminal Justice. c. The Subgrantee Agency assures that contractors/vendors who assist the Subgrantee Agency to develop specifications, requirements, statements of work and/or Request For Proposal for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement. d. The Subgrantee Agency assures that where activities supported by this subgrant produce any discovery or invention, original computer programs, writing, sound recordings, pictorial reproductions, drawing or other graphical representation and works of any similar nature, the following requirements apply: i. The Division of Criminal Justice reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: The copyright in any work developed under an award or subaward; and 2) Any rights of copyright to which a recipient or subrecipient purchases ownership with support. ii. If any program produces patentable items, patent rights, processes or inventions, in the course of work sponsored by the Federal award or subaward funds, such facts must be promptly and fully reported to the awarding agency, Division of Criminal Justice. The awarding agency shall determine whether protection on the invention or discovery shall be sought. The awarding agency will also determine how rights in the invention or discovery (including rights under any patents issued thereon) shall be allocated and administered in order to protect the public interest pursuant to published Presidential and government memorandums and guidelines, and the regulations promulgated by the Department of Commerce in 37 CFR Part 401. iii. When issuing statements, press releases, requests for proposals, bid solicitations, and other published documents describing projects or programs funded in whole or in part with these grant funds, all Subgrantee Agencies must clearly: a) State the percentage of the total cost of the program or project, which will be financed with this grant money; b) State the dollar amount of state or federal funds for the project or program; c) Use the phrase -"This project was supported by grant # , issued by the Colorado Division of Criminal Justice." e. The Subgrantee Agency may not assign its rights or duties under this grant without the prior written consent of the Division of Criminal Justice. 4. AUDIT, RECORD -KEEPING, AND MONITORING/INSPECTION a. The Subgrantee Agency assures that it will procure an audit or financial review, incorporating this subgrant, by an independent Certified Public Accountant (CPA), licensed to practice in Colorado. If the agency expends more than $500,000 per year in combined federal funds, a Single Audit must be conducted in accordance with OMB Circular A- 133 (Audits of States, Local Governments, and non-profit organizations). If the agency expends less than $500,000 per year in combined federal funds, the following policy applies: Agencies with total annual revenue from all sources of $200,000 or more shall procure a financial audit; a financial review shall not be sufficient to meet this requirement. Agencies with total annual revenue of less than $200,000 procure either a financial review or financial audit. i. At such time as the audit or financial review is completed, ONE COPY OF THE REPORT, INCLUDING THE CORRESPONDING MANAGEMENT LETTER, MUST BE FORWARDED TO THE DIVISION OF CRIMINAL JUSTICE for clearance. The audit or financial review incorporating this subgrant must be completed and received within 12 months of the end of the fiscal years that includes the end date of the grant. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions & Certified Assurances must remain attached to the application May 13, 2008 SPCA Page 5 of 7 ii. The Subgrantee Agency accepts responsibility for the costs of a financial program audit to be performed by the Department of Public Safety in the event that the audit report or financial review: a) does not meet the applicable A-133 or DCJ standards; b) is not submitted in a timely manner; or, c) does not provide an audit response plan with corresponding corrections made sufficient to satisfy any audit findings. b. The Subgrantee Agency assures that: i. It will retain all project records, as will facilitate an effective audit, for seven years after the end of the state fiscal year that includes the end date of the grant. (For example if the grant ended 9/30/2001, the state FY would be July 1, 2001 -June 30, 2002. The files could be destroyed after 6/30/2009); except, ii. If an audit is in progress and/or the findings of a completed audit have not been resolved satisfactorily, then records must be retained beyond the seven-year period until such issues are resolved. c. The Subgrantee Agency assures that it will keep copies of all documents, correspondence, and required receipts related to this subgrant in a separate file bearing the project title and grant number. d. The Division may periodically request submission of supporting financial and programmatic documentation, subcontracts, general and sub -ledgers for the purpose of monitoring compliance with the grant award via desk review, or in preparation for an on -site monitoring visit. Routine or special on -site visits may be conducted at the subgrant agency, and at the location of any collaborating entities, for the same purpose. Subgrantee Agencies will be notified in advance of any on -site monitoring visit. e. The Subgrantee Agency assures that the Division of Criminal Justice, Colorado Department of Public Safety, shall have access for purposes of monitoring, audit and examinations to any bonds, documents, papers and records of the Subgrantee Agency and to relevant books and records of subcontractors of the Subgrantee Agency. It is the responsibility of the Subgrantee Agency to notify any of its project collaborators and subcontractors of these provisions. f The Subgrantee Agency assures that signatories of the application and subgrant award and personnel employed through this subgrant will appear when requested at any administrative hearing, monitoring site visit, conference or meeting conducted by the Division of Criminal Justice. 5. COLORADO VICTIM RIGHTS ACT The Subgrantee Agency assures that the application signatories, all staff and all volunteers assigned to the funded project have read and understand the rights afforded to crime victims pursuant to § 24-4.1-302.5 C.R.S., and the services delineated pursuant to §§ 24-4.1-303 and 24-4.1-304 C.R.S., commonly known as the Victim Rights Act, and enabling legislation. 6. TERMINATION or REDUCTION IN GRANT AWARD The Division will monitor the performance of the Subgrantee Agency against goals and performance standards as found in the application required herein. The Division will provide reasonable assistance to the Subgrantee Agency in the development of project goals, performance standards and subgrant requirements. Any determination of substandard performance on the part of the Subgrantee Agency shall be within the discretion of the Division, based upon the Division's review of the terms and conditions of the Grant Award, the application and project summary, the grant terms and assurances, and the requirements of applicable law. Substandard performance, as determined by the Division, shall constitute non-compliance, which may result in termination for cause, or reduction of the Grant Award for cause, as follows: a. Reduction In Grant Award Amount for Cause i. The Division may reduce the total Statement of Grant Award amount for cause, without compensation for reduction costs. ii. If the state reduces the grant amount for cause, it will first give ten (10) days written notice to the Subgrantee Agency, stating the reasons for reduction, steps taken to correct the problems, and the date the subgrant award amount will be reduced in the event problems have not been corrected to the satisfaction of the Division. iii. In the event this grant is reduced for cause, the Division will only reimburse the Subgrantee Agency for acceptable work or deliverables received up to the date of reduction. iv. In the event this grant is reduced for cause, final payment to the Subgrantee Agency may be withheld at the discretion of the Division until completion of final Division review. b. Termination for Convenience: i. Either party may terminate the grant with thirty days written notice of intent to cancel or terminate. ii. If the grant is terminated for convenience by either the Subgrantee Agency or the state, the Subgrantee Agency shall be paid the necessary and allowable costs incurred through the date of termination, but not exceeding a prorated amount based on the number of days of project operation prior to the date of termination. c. Termination for Cause: COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions & Certified Assurances must remain attached to the application May 13, 2008 SPCA Page 6 of 7 i. The Division may terminate the grant for cause without compensation for termination costs. H. If the state terminates the grant for cause, it will first give ten (10) days written notice to the Subgrantee Agency, stating the reasons for termination, steps taken to correct the problems, and the date the subgrant will be terminated in the event problems have not been corrected to the satisfaction of the Division. Hi. In the event this grant is terminated for cause, the Division will only reimburse the Subgrantee Agency for acceptable work or deliverables received up to the date of termination. iv. In the event this grant is terminated for cause, final payment to the Subgrantee Agency may be withheld at the discretion of the Division until completion of final Division review. d. Any equipment purchased under this grant would revert, at the option of the Division, to the Division of Criminal Justice upon termination of the grant for any of the above reasons. 7. ORDER OF PRECEDENCE Any inconsistency or conflict in this grant shall be resolved by giving precedence in the following order: (a) Special Provisions and Certified Assurances, (b) Statement of Grant Award; and, (c) the final approved Subgrant Application. 8. DISPUTE RESOLUTION (THIS PROVISION APPLIES ONLY TO INTERAGENCY AGREEMENTS): Any failure of either party to perform in accordance with the terms of this agreement shall constitute a breach of the agreement. Any dispute concerning the performance of this agreement which cannot be resolved at the divisional level shall be referred to superior departmental management staff designated by each department. Failing resolution at that level, disputes shall be presented to the executive directors of each department for resolution. Failing resolution by the executive directors, the dispute shall be submitted in writing by both parties to the State Controller, whose decision on the dispute will be final. C. PROGRAM SPECIFIC REQUIREMENTS The following program specific requirements are imposed by the Federal or State sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements which must be passed on to subgrant award recipients. 1. Right if Privacy for Recipients of Service and Sharing of information. The prospective Subgrantee Agency certifies, by submission of this proposal, that: a. Pursuant to Section 223(a)(18) of the Juvenile Justice and Delinquency Prevention Act, procedures have been established to ensure that this program will not disclose program records containing the identity of individual juveniles. Exceptions to this requirement are authorization by law; consent of either the juvenile or his/her legal authorized representative; or justification that otherwise the functions of this title cannot be performed. Under no circumstances may public project reports or findings contain names of actual juvenile service recipients. b. Necessary information will be shared appropriately among schools, law enforcement, courts and juvenile -serving agencies pursuant to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g), as amended by Improving America's School Act of 1994 (IASA). FERPA allows schools to play a vital role in a community's effort to identify children who are at risk of delinquency and provide services prior to a child's becoming involved in the juvenile justice system. c. Necessary information will be shared in accordance with the "Children's Code Records and Information Act," 19-1- 301 et seq., Colorado Revised Statutes, to balance the best interests of children and the privacy interests of children and their families with the need to share information among service agencies and the need to protect the public safety. 2. In addition to the "Termination for Cause" item, 6(c) under Grant Requirements above, the subgrant may be suspended or terminated by the Division of Criminal Justice if the Subgrantee Agency fails to comply with the core requirements of the Juvenile Justice and Delinquency Prevention Act, 1974, as amended: Deinstitutionalization of Status Offenders, Section 223 (a)(I2)(A); Separation of Juveniles from Incarcerated Adults, Section 223(a)(I3); Removal of Juveniles from Adult Jails and Lockups, Section 223(a)(14); Disproportionate Minority Confinement, Section (a)(23). 3. If the applicant is a state government agency, the submission of this application certifies the applicant agency has obtained through the state budget process the spending authority and FTE approval, if FTE is requested, required to accept these state grant dollars. In addition, state agencies applying for these grant funds must enclose in the appendix a letter or memorandum from the appropriate fiscal officer verifying the applicant's ability to accept these state funds. If unable to comply with this condition, please contact DCJ prior to the submission of the application. COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions & Certified Assurances must remain attached to the application May 13, 2008 SPCA Page 7 of 7 SIGNATURE PAGE ->->-> TO BE COMPLETED BY ALL APPLICANTS (ORIGINAL SIGNATURES REQUIRED - Please sign in BLUE ink. See instructions for description of proper signatories.) The Subgrantee Agency and responsible signatories certify by signing that they have read the Application including the Special Provisions and Certified Assurances, and are fully cognizant of their duties and responsibilities for this project. The Subgrantee Agency understands and agrees that any subgrant award received as a result of this application shall incorporate by reference the information contained herein. Responsibility for narrative and fiscal reporting requirements are delegated to the designated Project Director, who will sign all such reports. This delegation is for purposes of reporting to the Division and for operational ease, and in no way limits the authority and responsibility of the Authorized Official. In accordance with the Colorado Revised Statutes 24-72-202.6, information supplied in this application is considered a public record. AUTHORIZED OFFICIAL Name William Garcia Position Chairman Agency Weld County Board of Commissioners Mailing Address PO Box 758 City, State, Zip Greeley, CO 80632 Telephone # (970)356-7204 Fax # (970)352-0242 E-mail Address wgarcia@co.weld.co.us ` \ Signature ��% � D 02/09/2009 02 Name Barbara Connolly Position Controller Agency Weld County Government — Accounting Department Mailing Address PO Box 758 City, State, Zip Greeley, CO 80632 Telephone # (970)356-4000 x 4445 Fax # (970)352-9019 E-mail Address bconnolly@co.weld.co.us Signature .,_ a O Datecointie,- alyl9 PROJE DIRECTOR Name Kirsta Britton Position Director, Juvenile Diversion Agency Weld County District Attorney's Office Mailing Address PO Box 1167 City, State, Zip Greeley, CO 80632 Telephone # (970)356-4010 x 4775 Fax # (970)392-4572 E-mail Address kbritton@co.weld.co.us Signature c Date ;ICI 104 O7OO9 - o SECTION VI - ATTACHMENTS Attach the following applicable items behind the Signature page (Page 9 of the Special Provision and Certified Assurances pages) and label with the appropriate title: Attachment #1 — Organizational Chart Attachment #2 — Job Description (Director) - 20 - 1 Juvenile Diversion Organizational Chart Chief Deputy District Attorney Director, Juvenile Diversion Interpreter Nil! 'aim WELD COUNTY, COLORADO Job Title: Juvenile Diversion Administrator Exempt Position Job Code: 12927 Position #: 177 Pay Grade: 44 Supervisor: Administrative Superior Department: Office of District Attorney DESCRIPTION OF WORK General Statement of Duties: Performs a variety of highly complex administrative, technical and supervisory work in the operation of the juvenile diversion program involving the exercise of considerable independent judgment concerning division operations. Supervision Received: Works under general guidance and direction of an elected official or designated assistant. Supervision Exercised: Exercises supervision over the professional, clerical and program staff assigned to the program. EXAMPLES OF DUTIES (any one position may not include all of the duties listed nor do the listed examples include all duties which may be found in positions of this class.) Directs and coordinates the work of the Juvenile Diversion program. Makes major policy and procedural decisions that have a significant impact on the program. Performs complex problem solving. Prepares statistical reports for a variety of grant programs. Prepares Juvenile Diversion budget. Monitors program and financial reports; develops and submits necessary budgetary information; administers complex program budgets. Supervises the performance, orientations and training of staff members and volunteers; reviews and evaluates performance of staff members; counsels staff members on work - related personnel or program problems. Assists in the evaluation of programs and their services; develops and initiates major policy and procedural changes within legal and departmental guidelines; responsible for developing and writing grant proposals. Handles unique or complex work related problems or coordination of programs; advises staff on policy and procedure. Acts as liaison concerning community service programs to the federal, state, public, or private agencies and other appropriate parties. Plans, directs and/or attends appropriate meetings, conferences or workshops. Performs related work as required. MINIMUM QUALIFICATIONS Required Knowledge, Skills and Abilities: Thorough knowledge of the principles, practices and techniques of social program management. Thorough knowledge of all program areas. Considerable knowledge of related programs and services. Considerable knowledge of budgeting. Ability to perform complex problem solving operations. Ability to supervise employees. Ability to understand and interpret complex regulations and statutes. Ability to communicate effectively orally and in writing. Ability to establish and maintain effective working relationships with employees, other agencies and the public. QUALIFICATION REQUIREMENTS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE: Bachelor's degree in counseling, psychology or related area with major course work in public administration and management. Five years of increasingly responsible job -related administrative duties with at least two years in a supervisory capacity; or any equivalent combination of education and experience. LANGUAGE SKILLS: Ability to read, analyze, and interpret common scientific and technical journals, financial reports, and legal documents. Ability to respond to common inquiries or complaints from customers, regulatory agencies, or members of the business community. Ability to write speeches and articles for publication that conform to prescribed style and format. Ability to effectively present information to top management, public groups, and/or boards of directors. REASONING ABILITY: Ability to define problems, collect data, establish facts, and draw valid conclusions. PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to talk or hear. The employee is occasionally required to stand; walk; sit; use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. Specific vision abilities required by this job include close vision. WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Hello