HomeMy WebLinkAbout20092467.tiffRESOLUTION
RE: APPROVE STATEMENT OF GRANT AWARD FOR NORTHERN COLORADO REGIONAL
FORENSIC LABORATORY 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 Statement of Grant Award for the
Northern Colorado Regional Forensic Laboratory from the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Weld County
Sheriff's Office, to the U.S. Department of Justice, Bureau of Justice Assistance, commencing
October 1, 2009, and ending September 30, 2010, with further terms and conditions being as
stated in said Statement of Grant Award, and
WHEREAS, a hearing before the Board was held on the 9th day of September, 2009, at
which time the Board deemed it advisable to continue said matter to September 16, 2009, to allow
adequate time for a work session to be conducted and in order to allow a representative from the
Sheriff's Office to be able to attend the hearing, and
WHEREAS, after review, the Board deems it advisable to approve said Statement of Grant
Award, a copy of which is attached hereto and incorporated herein by reference, with the condition
that said award may be declined if the awarded funds are insufficient to create or obtain a complete
Liquid Chromatography/ Mass Spectrometry unit.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Statement of Grant Award for the Northern Colorado Regional Forensic
Laboratory from the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Sheriff's Office, to the
U.S. Department of Justice, Bureau of Justice Assistance, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that said award may be declined if the awarded
funds are insufficient to create or obtain a complete Liquid Chromatography/ Mass Spectrometry
unit, and
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Statement of Grant Award.
2009-2467
SO0030
STATEMENT OF GRANT AWARD FOR NORTHERN COLORADO REGIONAL FORENSIC
LABORATORY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of September, A.D., 2009.
ATTEST:
Weld County Clerk t
BY
Deputy Cler o the
APPROVED Si -0 . FORM:
unty Attorney
Date of signature. S'e?
BOARD OF CO NTY COMMISSIONERS
WEED�COI9,N COLORADO
/
William F. Garcia Chair
cy vvTICu
Douglas Rademacier, Pro-Tem
Sean P. Conway
EXCUSED
Barb�irkmeyer
J
David E. Long
2009-2467
SO0030
I
COLORADO DIVISION OF CRIMINAL JUSTICE
STATEMENT OF GRANT AWARD (SOGA)
FEDERAL PROGRAM INFORMATION
CFDA Number: 16.738 OCT 7 1009
Federal Agency: U.S. Department of Justice, Bureau of Justice Assistance
Federal Award Name and Number: Edward Byrne Memorial Justice Assistance Grant Program, # 2009-DJ-BX-0002
RECEIVED BV DC,1
Subgrantee Agency Name: Weld County, Sheriffs Department
Project Director: Mr. Matt Jorgenson
Project Director Address: Weld County, Sheriffs Department
1950 "O" Street
Greeley, CO 80631
Grant Number: 29 -DJ -06-22-2
Project Title: Northern Colorado Regional Forensic Laboratory
Grant Period: 10/1/2009 to 9/30/2010
Date Issued: 8/28/2009
In accordance with provisions of the Colorado Revised Statutes §24-33.5-502, the Division of Criminal Justice hereby awards a grant
to the above -named subgrantee. The attached grant application (Exhibit A), including Special Provisions and Certified Assurances, is
incorporated herein as a part of this document.
APPROVED BUDGET
Budget Category
Federal
Personnel
$0.00
Supplies and Operating
$0.00
Travel
$0.00
* Equipment
$56,000.00
* Professional Services
$0.00
Confidential Funds
$0.00
TOTAL AWARD AMOUNT
$56,000.00
* Purchase of equipment requires prior completion and approval of DCJ Form 13.
* Professional services require prior completion and approval of DCJ Form 16.
SPECIAL CONDITIONS:
l . The Subgrantee 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 statements:
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Stalement of Grant Award (SOGA)
"This project was supported by Grant No. 2009-DJ-BX-0002 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
for Victims of Crime. Points of view or opinions in the document are those of the author and do not represent the
official position or policies of the United States Department of Justice."
2. Express written approval from the Division of Criminal Justice must be secured by the Subgrantee prior to the use of any federal
funds, either directly or indirectly, in support of enactment, repeal, modification or adoption of any law, regulation or policy, at
any level of government.
3. The Subgrantee must submit the the Division of Criminal Justice one copy of your most recent A -I33 audit or financial review,
including any management report or other auditor comments, by October 31, 2009.
4. The Subgrantee agrees that funds provided under this award will not be used to operate a "pay -to -stay" program in any local jail.
Subgrantee also agrees not to subaward funds to local jails which operate "pay -to -stay" programs.
5. The Subgrantee agrees to take reasonable steps to provide meaningful access to their programs and activities for persons with
limited English proficiency (LEP). For more information on the civil rights responsibilities that subgrantees have in providing
language services to LEP individuals, please see the website www.lep.gov.
INSTRUCTIONS
1. Grant activities must be based on the approved budget shown on page one of this Statement of Grant Award, and the approved
detailed budget(s) within the attached application, which supersedes any earlier budget request submitted, and which may be
different from the budget originally submitted in your application. The Subgrantee Agency must secure prior written approval
from DCJ if there is to be a change in any budget category (see DCJ Form 4-A).
2. The Financial Officer of the project must be provided a copy of this document in order to adequately prepare the necessary
financial reports.
3. The Subgrantee Agency affirms that the parties' agreement consists of a two-part document, the Statement of Grant Award
(SOGA), and Exhibit A, attached to the SOGA, which contains the Grant Application (including Project Summary, Budget and
other Documents), the Certifications, the State Special Provisions, the Grant Requirements, the Federal Certified Assurances,
and signatures of persons authorized to sign on behalf of the Subgrantee Agency on each part of the two-part document.
4. Review carefully the current applicable Administrative Guide of the Division of Criminal Justice for this grant program, that
includes procedures regarding this document, draw -down of grant funds, reporting requirements and requesting grant
modifications.
5. This grant award shall be effective upon the final approval by the State Controller or designee. No payment shall be made
pursuant to the grant prior to State Controller approval.
6. This grant award may be voided in whole without further cause if it is not signed by the Subgrantee Agency's Authorized
Official and returned to the Division of Criminal Justice within 45 days of the date of issuance.
7. The signature of the Authorized Official below should be the same as the one on the grant application. The subgrantee must
promptly notify the Division of Criminal Justice of any changes in the Authorized Official, Project Director, or Financial
Officer, by completing and submitting DCJ Form 4-B. (If changes have already occurred, submit completed DCJ Form 4-B
with this document).
8. Prior to the expenditure of the $ N/A allocated for confidential funds, the project director shall sign a certification indicating
that he has read, understands, and agrees to abide by all of the conditions pertaining to confidential funds as set forth in the
effective edition of Office of Justice Programs, Office of the Comptroller, Financial Guide, Chapter 8, "Confidential Funds".
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Sta`ement of Grant Award (SOGA)
ADDITIONAL DC.) REQUIREMENTS
(I) Commencement within 60 Days. If the Division concludes that the project has not commenced within 60 days of the start date
of the grant period, the Subgrantee Agency must report the following by letter to the Division of Criminal Justice:
a. the steps taken to initiate the project;
b. the reasons for delay; and,
c. the expected starting date.
(2) Operational Within 80 Days. If the Division concludes that the project is not operational within 80 days of the original start
date of the grant period, the Division of Criminal Justice may begin termination or reduction in grant award proceedings as
described in "Special Provisions & Certified Assurances", Section entitled "Termination or Reduction in Grant Award."
All subgrants are conditioned on the ability to report to the Division of Criminal Justice all the information contained on the
DCJ quarterly narrative and financial reporting forms, which are provided with this SOGA. Technical assistance is available
upon request.
(3)
(4) These funds cannot be guaranteed beyond the end date of the grant period on page 1 of this SOGA. Unexpended funds
remaining at the end of the grant period must be returned to the Division of Criminal Justice.
RETURN:
ALL SETS of the Statement of Grant Award with ORIGINAL SIGNATURES to: Division of Criminal Justice, Office of Adult and
Juvenile Justice Assistance, 700 Kipling Street, Suite 1000, Denver, CO 80215. After other required signatures are obtained, the
white SOGA copy with approved application will be returned to your Project Director.
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Statement of Grant Award (SOGA)
Grant Routing Number f0 -! 9 I/
THE PARTIES HERETO HAVE EXECUTED THIS BINDING SUBGRANT AWARD
* Persons signing for Subgrantee hereby swear and affirm that they are authorized to act on Subgrantee's behalf and
acknowledge that the State is relying on their representations to that effect
SUBGRANTEE:
Weld County, Colorado
By _
Legal Name of Subgrantee Agency
*SIGNATURE of Authorized Official
William F. Garcia, Chair
Print Name & Title of Authorized Official
SEP 09 200O SEP 1 0 2009
Date Signed:
By
STATE OF COLORADO:
BILL RITTER, JR.GOVERNOR
r
o14‘
Division
DIRECTOR ion of Criminal Justice
JEANNE M. SMITH
Date Signed: // ! c3 D7
STATE OF COLORADO LEGAL REVIEW:
See Contract Routing Waiver # 185
(or, if not waived)
John W. Suthers, Attorney General
By:
Signature - Assistant Attorney General
Date Signed:
ALL CONTRACTS & SUBGRANT AWARDS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This subgrant award is not valid until
signed and dated below by the State Controller or delegate. If performance begins prior to the date below, the State of
Colorado may not be obligated to pay for the goods and/or services provided.
By:
Date Signed:
STATE CONTROLLER:
David J. McDermott, CPA
w� (j c.
tills /cy
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JAG
Colorado Division of Criminal Justice -2009 JAG application
COLORADO DIVISION OF CRIMINAL JUSTICE
JUSTICE ASSISTANCE GRANT PROGRAM - 2009 APPLICATION
SECTION I - APPLICANT INFORMATION
STATE USE ONLY
App #- 6 —d —62\
Grant #:d9 j)c-O0-ao2 —a Award.:3z ,/
PROJECT TITLE:
Northern Colorado Regional Forensic Laboratory
APPLICANT AGENCY:
Weld County Sheriffs Office
Address
1950 O Street
City, ZIP
Greeley, CO
Contact Name
Matthew L. Jorgenson
E-mail
miorgenson(a)co.weld.co.us
Telephone
(970) 356-4015 ext. 4652
FAX
(970) 366-7258
Type of government (check one): ['State ■City/Town
Ni County
■ Indian Tribe
■ District Attorney
Federal Employer ID Number
8
4
6
0
0
0
8
1
3
REQUESTED JAG AMOUNT: $112,000 PROJECT DURATION:
TOTAL PROJECT COST: $112,000 FROM. 10/01/2009 TO: 09/30/2010
PROJECT DESCRIPTION (Limit to space provided):
The Northern Colorado Regional Forensic Laboratory is a collaborative effort between the Colorado Bureau of
Investigations, the National Law Enforcement and Corrections Technology Center - Rocky Mountain Region, the
Larimer County Sheriffs Office, the Weld County Sheriffs Office, Loveland Police Department, Greeley Police
Department, and Fort Collins Police Services. It is the goal of the group to bring forward a combined effort toward the
improvement of all areas of forensic services provided in Northern Colorado and the creation of a full service regional
forensic laboratory. This project needs to continue with the combined ability to process and analyze evidence from
requests for service in the area of chemical analysis. This includes controlled substance, clandestine laboratory, and
fire debris analysis.
PROGRAM
AREA:
(check one)
Ni Law Enforcement — Including
Drug Task Forces
Planning, Evaluation,
Technology Improvement
■
Drug Treatment Programs
• Corrections and Community
Corrections Programs
■ Prosecution and Court
Programs
• Prevention and Education
Programs
PRIOR DCSIP/JAG FUNDING FOR THIS PROJECT: If none, indicate that this is a NEW project.
GRANT NUMBER
FEDERAL FUNDS
MATCH AMOUNT
28 -DJ -06-20-1
$78,900 (awarded from original grant)
IMPLEMENTING AGENCY:
Weld County Sheriffs Office
Address
1950 O Street
City, ZIP
Greeley, CO
Contact Name
Matthew L. Jorgenson
E-mail
miorgenson(i)co.weld.co.us
Telephone
(970) 356-4015 ext. 4652
FAX
(970) 366-7258
SERVICE AREA:
U. S. Congressional District(s): ■1 ❑2 ■3 J4 ■5
■6 ❑7 IN Statewide
Judicial District(s) (Identify by District Number):
The 8°i and 19'1' Judicial Districts
Cities and Counties
List primary cities and
counties to be served
Larimer County to specifically include Loveland and Fort Collins and Weld County to
specifically include Greeley.
Age of Target Population (check all that apply): J All ■ 0-12 ❑ 13-17 ■ 18-24 ■ Over 25
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Colorado Division of Criminal Justice -2009 JAG application
SECTION II - PROJECT SUMMARY
(Refer to Instructions)
1. PROBLEM STATEMENT
What is the problem that the project will be addressing? Briefly describe the statistics and/or
information gathered to illustrate the problem. Use local data when possible (Limit - one page)
Larimer and Weld County Colorado have large populations (283,000 and 229,000 respectively) that are
spread over rural and municipal law enforcement jurisdictions. The area includes three major cities:
Fort Collins (132,000), Greeley (83,000) and Loveland (61,000). Two of the communities also have
medium to large public colleges, Colorado State University and the University of Northern Colorado
(enrollment 24,000 and 13,000 respectively). There is much diversity in our respective communities,
including how we police. Over the past two decades much has been accomplished in terms of sharing
resources. Drug Task Forces and Special Weapons and Tactics teams work together, as well as the
existence of joint Emergency Management plans. Until recently, however, little has been discussed
about what we have and what could be shared in the area of forensic investigative services.
In order to address the large amount of requests for forensic service in Northern Colorado, we have
partnered with the National Law Enforcement and Corrections Technology Center, Rocky Mountain
Region (N.L.E.C.T.C.-R.M.) and Colorado Bureau of Investigations (C.B.I.) to establish a regional
crime lab in northern Colorado. For instance, the Weld County Sheriffs Office and Greeley Police
Department combined to hire a chemist. With the commitment of CBI, we have an additional chemist
dedicated to Northern Colorado. Our agencies' combined totals for the area of chemical analysis were
395 and 337 cases for years 2007 and 2008, respectively. Add to this the caseload CBI has to work for
the other large agencies in Northern Colorado of 211 for 2007 and 317 for 2008 and this volume
explains the backlog of requests for service and the delayed turnaround time and efficiency. This is
where we are seeking grant funding; to compliment the area of chemical analysis with new equipment
with the goal of significantly impacting the time it takes to complete analysis and to more fully analyze
these cases to give the agencies a more effective result to their casework. We are making great strides in
unifying other forensic disciplines and would like to continue by aiding the chemistry unit.
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Colorado Division of Criminal Justice -2009 JAG application
2. PROJECT PLAN
A. Describe the plan to accomplish your project's goals and objectives. Identify the timeline
and milestones needed for completion. Include a discussion of project resources and
responsible parties. (Limit - two pages. This section includes goals & objectives)
The first step of this project is to bring together all of the resources that each agency currently possesses
in each discipline under one roof This is currently being addressed in the areas of latent print analysis,
digital evidence analysis, and chemical analysis. The second step of this project, and where we seek the
grant funding, will be to acquire and put into use the resources sought and to enhance the local service
deliverables. The following outlines these actions as agreed upon by the Board of Directors made up
from each of the respective agencies involved in the Northern Regional Lab Group (N.R.L.G.) as it
pertains to the chemical analysis section.
Objective One: Acquire and use the technology of Liquid Chromatography/Mass Spectrometry
(LC/MS), a technique that can be used in all facets of chemical analysis. Controlled substances cases
are and will continue to be one of the highest through -put cases in forensic science. An LC/MS will
provide the Northern Region with a technique that will help aide in the analysis of samples that we
currently do not have the technology to examine, such as inorganic materials from clandestine
laboratories, and to get at samples that are problematic (such as mushrooms in chocolates or LSD on
candies) when using techniques that are currently available to the analysts in the chemical analysis
section. Also advantageous is the LC/MS's ability to identify chemical components much more rapidly
than techniques currently available. Approximately thirty to fifty percent of samples taken from
clandestine laboratories are inorganic or complex in nature. Additionally, more and more samples are
made up of complex matrices. The N.R.L.G. currently has no access to equipment that would efficiently
analyze these types of cases. The awarding of this grant will grant us the ability to get the results the
requesting agencies need in a timely and more complete fashion. The addition of LC/MS technology
will be complimentary to our current systems, resulting in the local chemical analysis section's
examiners having an incredible advantage.
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Colorado Division of Criminal Justice -2009 JAG application
B. Goals & Objectives: Concrete objectives should be defined for the project that are time
framed and have measurable outcomes/outputs. These are the elements against which your
project will be evaluated.
GOAL 1: Outfit the regional chemical analysis section with the equipment necessary to
efficiently and effectively perform analysis on requests for forensic services in Northern
Colorado, specifically those involving chemistry related evidence.
OUTPUT/OUTCOME
MEASURE & TIME FRAME
OBJECTIVE 1.1: Acquire an LC/MS system.
Purchase upon receipt of grant
and implement use upon
validation of the technique.
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Colorado Division or Criminal Justice -2009 JAG application
3. PROJECT EVALUATION (Limit - one page)
A. 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.
Note: Specific performance measures may be required for each grant program area when
required by federal grant guidelines.
Objective One: The acquisition an LC/MS will help provide the highest quality of analysis to our users
by the ability to increase the number of analyses done per analyst and the types of analysis that can be
completes by the chemical analysis section.
Based on the amount of time that the analyst has to spend on casework (in the case of the Greeley -Weld
County Forensic Chemist, 25% of the time allotted per month), preparation time, clean-up time, run time
of the instrument, and down time of the instrument, the following tables are representative of the
comparison between the current technique of Gas Chromatography/Mass Spectrometry analysis and
LC/MS analysis of samples commonly encountered with complex matrices as well as standard cases.
Available Analyst Time per Month (Hour)
160
Average Analyst Lab Time (%)
25%
Average Analyst Lab Time per Month (Hour)
40
Available Instrument Time per Month (Hour)
200
Expected Cases per Month (Number)
15
GC/MS
LSD
Mushroom
GC/MS
Case: 'Analyst'.
#'s Hours
1
4.8
Summation
instrument
Hours
18.7
Analyst
Utility
12%
Instrument
Utility`
9%
1
4.8
18.7
12%
9%
Marijuana
Matrix Cases
Standard Cases
3
5
8.4
18.0
56.1
93.5
14.5
21%
45%
16%
28%
47%
10
6.5
7%
Total
15
24.5 I 108.0
6110
Compare this to the same caseload on an LC/MS and analysis time is cut to one-third.
LC/MS
LSD
Mushroom
LC/MS Summation
Instrument:
Hours
Case Analyst
#'s Hours
1
1
0.5
0.5
1.3
1.3
Analyst
Utility
1%
1%
Instrument
Utility
1%
1%
Marijuana
Matrix Cases
3
5
1.5
2.5
3.8
6.3
4%
6%
2%
3%
Standard Cases
10
4.5
12.5
11%
6%
Total
15
18.8
18%
9%
As you can tell by the percentages, a great reduction in the analyst's time spent in analysis per case will
result in an increase in the amount of cases that they are capable of analyzing in the same time frame.
As the number of complex matrix cases increases, the productivity of the analyst only improves.
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Colorado Division of Criminal Justice -2009 JAG application
B. Will research be conducted as part of this project? ❑ NO 4 YES
If yes, check the type of research proposed:
.\,/ The planned research/evaluation activities do not involve the collection of
information identifiable to private persons.
Since this technique of analysis is new to this laboratory, and evaluation period will be
necessary to validate the technique and to create analytical methods for the types of
analysis to be done. This will take approximately three months, depending on the
availability of resources and the analyses to be done with this technique.
❑ The planned research/evaluation activities involve the collection of information
identifiable to private persons.
If the second box is checked, 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 (Limit '/2 page).
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Colorado Division of Criminal Justice 2009 JAG appl icatior
SECTION III - COLLABORATION
(See Application Instructions)
I. Other Agencies and Organizations (Limit to one -page)
A. Describe the collaborative efforts/planning that have already occurred.
All of the agencies involved in this endeavor have been meeting on a regular basis and have created a Board of
Directors consisting of members from each participating agency. This Board has been making considerable
head -way in the development of the Northern Regional Forensic Laboratory. Without the existence of one roof
under which to house the entire laboratory staff, an intermediary solution has been fashioned. The current assets
that each agency has in place in the area of latent print examination will be housed in the Fort Collins Police
headquarters building in the area that currently houses their laboratory. Digital evidence is being done as a
regional effort in an office space in northern Greeley and chemistry is being housed in what is currently the
Greeley -Weld County Forensic Laboratory. This is a great first step in the combination of all forensic services
into a full service forensic laboratory servicing all of Northern Colorado.
B. Identify other agencies, organizations, and planning groups that will be included in the planning and
implementation of this project.
Colorado Bureau of Investigations
Larimer County Sheriffs Office
Weld Count Sheriff's Office
Fort Collins Police Services
Greeley Police Department
Loveland Police Department
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Colorado Division of Criminal Justice 2009 JAG applicatio
SECTION IV - CONTINUATION APPLICANTS
(See Application Instructions)
FOR CONTINUATION APPLICATIONS (PROJECTS) ONLY.
1. Project Changes (Limit- one-half page)
Describe significant project changes (programmatic and/or budgetary) in the new grant application.
This is an additional discipline inside of the Northern Colorado Regional Forensic Laboratory. The grant that
we are currently working under goes solely to the latent print analysis section.
2. Plans for future funding (Limit - one-half page]
Briefly describe the plan for reducing reliance on federal funding and how the project will be wholly (or
partially) funded at the end of the 48 months of funding eligibility.
This continuation of the grant is to purchase one piece of equipment. As this regional lab grows in its scope and
as the participating agencies plan and budget for it, the reliance on federal funding will be reduced.
Please note: Lack of a plan to fund this project after 48 months could result in denial of funding. Also, the
Advisory Board looks more favorably upon projects that increase their percentage of match each year.
3. Evaluation of past progress (Limit - one page)
Address 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.
The five previous objectives are currently being pursued. Equipment and materials have been purchased, training
is being planned for and the latent print section has begun working together on a timeline so that cases can start
being analyzed on a regional basis.
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Colorado Division of Criminal Justice -2009 JAG application
SECTION V - BUDGET
1. BUDGET TABLE: Please refer to application instructions for more detail on completing the
budget tables.
A. PERSONNEL
(1)
Annual
Full-time
Salary
(2)
Annual
Fringe
Benefit Cost
(3)
Sub -Total
(4)
% to be paid
by grant funds
TOTAL
+$
=
X %
$
+$ = X $
+$ X $
+$ = X $
TOTAL PERSONNEL COST to be charged to this grant
B. SUPPLIES AND OPERATING
TOTAL
TOTAL SUPPLIES AND OPERATING COST to be charged to this grant
C. TRAVEL (Designate specifically in -state and out-of-state travel.)
TOTAL
TOTAL TRAVEL COST to be charged to this grant
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Colorado Division of Criminal Justice -2009 JAG application
D. EQUIPMENT (Items costing $5,000 or more - see Instruction Manual)
TOTAL
An LC/MS instrument ($112,000)
$ 56,000
TOTAL EQUIPMENT COST to be charged to this grant
$ 56,000
E. CONTRACTED, CONSULTANT AND PROFESSIONAL SERVICES
TOTAL
$
$
TOTAL CONTRACTED CONSULTANT AND PROFESSIONAL SERVICES
COST
F. CONFIDENTIAL FUNDS
TOTAL
$
$
$
TOTAL CONFIDENTIAL FUNDS COSTS to be charged to this grant
$
G. TOTAL OF ALL PROJECT COSTS (A through F)
L (This should equal the requested JAG amount listed on page l)
$56,000
2. BUDGET NARRATIVE:
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. (Limit - three pages)
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Colorado Division of Criminal Justice -2009 JAG application
Budget item 1.D: The $112,000 (JAG Funded at $56,000) for this instrumentation will not only provide the
chemical analysis section in the Northern Region with the ability to do more casework, it would give them
the ability to do more complex casework. This tool will increase capability as well as the efficiency of the
chemical analysis section.
3. TOTAL PROJECT FUNDING:
Will this project BE FUNDED using ADDITIONAL FUNDS other than those provided from this grant?
YES / X NO
f other funding that will be used to support this project.
Fund Type/Describe
Amount
Federal
Direct Federal JAG Award* (see below)
State Probation Offender Services Fund
County Government
Municipal Government
Private
Other — specify
TOTAL
*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.
Colorado Division of Criminal Justice 2009 JAG application
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?
X YES / NO. If YES, to which program? Paul Coverdell Forensic Sciences Improvement 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? X YES / NO
If YES, attach a copy of the A-133 audit, including audit resolutions and/or corrective action plan.
*** a copy of this has already been submitted and is also available at
http://www.co.weld.co.us/departments/audit2007/pdf/CAFR2007_complete.pdf ***
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 report'ng 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.)
J YES
•N0
Does your accounting system separate ALL revenues and expenditures by funding source?
J YES
•N0
Does your system track revenues and expenditures for each grant award separately through a sub -
ledger system?
J YES
•N0
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?
J YES
■N0
Do you reconcile sub -ledgers to your general ledger at least monthly?
J YES
•N0
Do you mark your invoices with the grant number?
J YES
NO
Do you maintain time sheets, signed by the employee and supervisor for each employee paid by DCJ
grant funds'?
J YES
■N0
Do you have written financial policies and procedures in place?
J YES
ENO
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.
J YES
NO
Do you use your accounting system data to prepare your quarterly financial reports for DCJ?
J YES
•N0
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 V
Item #4.
12
•
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:
Inter -Governmental Grant
Grant to a Colorado State Agency (Section A does not apply) pp��..
X Grant to a Unit of Local Government, Tribal Government, or Special Dist tCE/ yE� aY
Grant to a Non -Profit, Private Organization (Non -Governmental) OCT ! OCR
7- �rp9
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 §24-10-101, et seq., or the
Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 , et seq. as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR.
(THIS PROVISION IS NOT APPLICABLE TO GRANTS TO COLORADO STATE AGENCIES):
THE SUBGRANTEE AGENCY SHALL PERFORM THE DUTIES FUNDED UNDER THIS GRANT AS AN
INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE STATE. NEITHER THE SUBGRANTEE
AGENCY NOR ANY AGENT, SUB -CONTRACTOR, OR EMPLOYEE OF THE SUBGRANTEE AGENCY SHALL BE OR
SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE BY VIRTUE OF THIS SUBGRANT.
SUBGRANTEE AGENCY SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND
LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS GRANT. SUBGRANTEE AGENCY
ACKNOWLEDGES THAT THE SUBGRANTEE AGENCY AND ITS EMPLOYEES ARE NOT ENTITLED TO
UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE SUBGRANTEE AGENCY OR THIRD PARTY PROVIDES
SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
SUBGRANTEE AGENCY SHALL NOT HAVE AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO
ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. IF
JAG Special Provisions and Certified Assurances
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�a�-x4447
Special Provisions and Certified Assurances
Special Provisions & Certified Assurances must be submitted with the application
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. 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 not interest and shall not acquire any interest,
direct or indirect, that would conflict in any manner or degree with the performance of Subgrantee Agency's services and
Subgrantee Agency shall not employ any person having such known interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) & CRS 24-30-202.4 [Not applicable to intergovernmental grants]
Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept
system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid
balance of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student
Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment
Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial
action.
11. FEDERAL FUNDING.
This subgrant is subject to and contingent upon the continuing availability of federal funds for the purposes hereof.
12. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance,
or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental
agreements, or information technology services or products and services] The Subgrantee Agency certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this subgrant and will
confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work
under this subgrant, through participation in the E -Verify Program or the Department program established pursuant to CRS §8-
17.5-102(5)(c), the Subgrantee Agency shall not knowingly employ or contract with an illegal alien to perform work under this
subgrant or enter into a contract with a subcontractor that fails to certify to the Subgrantee Agency that the subcontractor shall
JAG Special Provisions and Certified Assurances Page 2 of 10 January 1, 2009
Special Provisions and Certified Assurances
Special Provisions & Certified Assurances must be submitted with the application
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.
13. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Subgrantee Agency, if a natural person eighteen
(18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully
present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c)
has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this subgrant.
B. GRANT REQUIREMENTS
1. FINANCIAL & ADMINISTRATIVE MANAGEMENT
a. The Subgrantee assures that fund accounting, auditing, monitoring, evaluation procedures and such records as necessary
will be maintained to assure adequate 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, advance payments, and cost reporting submissions are contained in the Da
Form 3 - Cash Request Procedures, and DCJ Form 1-A - Subgrant Financial Report, which are hereby incorporated b}
reference.
c. Advance payments cannot exceed 30 -day operating expenses.
d. The Subgrantee assures that it shall maintain data and information to provide accurate quarterly program and fmancia
reports to the Division. Said reports shall be provided in such form, at such times, and containing such data anc
information as the Division of Criminal Justice reasonably requires to administer the program.
e. The Subgrantee assures that quarterly financial and narrative reports shall be submitted within 30 days of the end 01
each calendar quarter and shall be current and actual.
f. The Subgrantee further assures that final financial and narrative reports shall be submitted on the forms provided by tilt
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 Awart
for the purpose of making changes in budget categories, extensions of grant award dates, changes in goals am
objectives, and other modifications which do not change the total amount of the Grant Award. The Division';
requirements for such grant adjustments are contained in the procedures for DCJ Forms 4A, 4B, 4C, and 4D, which an
hereby incorporated by reference.
h. The Division may withhold payment in the event the Subgrantee fails to comply with conditions and certification
contained in this grant award.
JAG Special Provisions and Certified Assurances
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Special Provisions and Certified Assurances
Special Provisions & Certified Assurances must be submitted with the application
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.
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 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 fmancial 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,
JAG Special Provisions and Certified Assurances Page 4 of 10
January 1, 2009
Special Provisions and Certified Assurances
Special Provisions & Certified Assurances must be submitted with the application
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.
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. COLORADO VICTIM RIGHTS ACT
The Subgrantee 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 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, fmal payment to the Subgrantee may be withheld at the discretion
of the Division until completion of final Division review.
b. Termination for Convenience:
i. Either party may terminate the grant with thirty days written notice of intent to cancel or terminate.
ii. The grant may be terminated by the Division if it is in the best interest of the state of Colorado to terminate the
grant.
iii. If the grant is terminated for convenience by either the Subgrantee or the state, the Subgrantee shall be paid the
necessary and allowable costs incurred through the date of termination, but not exceeding a prorated amount
based on the number of days of project operation prior to the date of termination.
c. Termination for Cause:
i. The Division may terminate the grant for cause without compensation for termination costs.
ii. If the state terminates the grant for cause, it will first give ten (10) days written notice to the Subgrantee,
stating the reasons for termination, steps taken to correct the problems, and the date the subgrant will be
terminated in the event problems have not been corrected to the satisfaction of the Division.
iii. In the event this grant is terminated for cause, the Division will only reimburse the Subgrantee for acceptable
work or deliverables received up to the date of termination.
iv. In the event this grant is terminated for cause, fmal payment to the Subgrantee may be withheld at the
discretion of the Division until completion of fmal 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 fmal approved Subgrant Application.
JAG Special Provisions and Certified Assurances
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Special Provisions & Certified Assurances must be submitted with the 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. FEDERAL CERTIFIED ASSURANCES
1. 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;
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) OMB Circular A-87, Cost Principles for State, Local & Indian Tribal Governments
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) OMB Circular A-122, Cost Principles for Non -Profit Organizations
b) OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Nonprofit Organizations
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) OMB Circular A-21, Cost Principles for Educational Institutions
b) OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Nonprofit Organizations
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c) 28 CFR 70, Uniform Administrative Requirements for Grants and Cooperative Agreements with
Institutions of Higher Education, Hospitals, and other Non -Profit Organizations
iv. For each agency spending more than $500,000 per year in federal funds from all sources;
a) OMB Circular A-133, Audits of States, Local Governments and Nonprofit Organizations
b. The Subgrantee assures that it will comply with the provisions of the Office of the Comptroller, Office of Justice
Programs OC Financial Guide for Grants, current edition. (For practical purposes, the requirements pertinent to the
management of these funds have been extracted from the above documents and are contained in the current applicable
Administrative Guide of the Division of Criminal Justice, which is hereby incorporated by reference. However, such a
guide cannot cover every foreseeable contingency, and the Subgrantee is ultimately responsible for compliance with
applicable state and federal laws, rules and regulations.)
3. NON -SUPPLANTING OF FUNDS (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. That the Subgrantee's expenditures for the purpose described in this application for the annual period are as
great as for the preceding year plus the average annual increment in such expenditures for the past two, three,
four or five years; OR
iii. Where the certification above (3bii) cannot be made, and there is a reduced or unchanged local investment,
then the Subgrantee shall give a written explanation demonstrating that the Subgrantee'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.
JAG Special Provisions and Certified Assurances Page 7 of 10 January 1, 2009
% i
Special Provisions and Certified Assurances
Special Provisions & Certified Assurances must be submitted with the application
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;
H. 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.
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 HIPAA
concerning any uses and disclosures of protected health information.
11. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (Government Entities Only)
The prospective subgrantee certifies, by submission of this proposal, that it will comply with the requirements of the Uniform
Relocation Assistance and Real Property Acquisitions Act of 1970, which govern the treatment of persons displaced as a result
of federal and federally -assisted programs.
12. Political Activity of Certain State and Local Employees (5 U.S.C. §§ 1501-08 and §§ 7324-28 — applies to Government
Entities Only)
The prospective subgrantee certifies, by submission of this proposal, that it will comply with requirements of 5 U.S.C. §§ 1501-
08 and §§ 7324-28, which limit certain political activities of State and local government employees whose principal employment
is in connection with an activity financed in whole or part by federal assistance.
JAG Special Provisions and Certified Assurances
Page 8 of 10 January 1, 2009
Special Provisions and Certified Assurances
Special Provisions & Certified Assurances must be submitted with the application
13. 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:
"This project was supported by Grant No. (insert federal grant number here) 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.
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 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 §§24-109-106, 107, 201
or 202, which may result in the reversal of the debarment and reinstatement of Subgrantee, by the Executive Director, upon
showing of good cause.
JAG Special Provisions and Certified Assurances
Page 9 of 10 January 1, 2009
Special Provisions and Certified Assurances
Special Provisions & Certified Assurances must be submitted with the application
SIGNATURE PAGE ->->-> TO BE COMPLETED BY ALL APPLICANTS
(ORIGINAL SIGNATURES REQUIRED - Please sign in BLUE ink. See instructions for description of proper signatories.)
The Subgrantee and responsible signatories certify by signing that they have read the Application including the Special Provisions and Certified
Assurances, and are fully cognizant of their duties and responsibilities for this project. The Subgrantee understands and agrees that any subgrant award
received as a result of this application shall incorporate by reference the information contained herein. Responsibility for narrative and fiscal reporting
requirements are delegated to the designated Project Director, who will sign all such reports. This delegation is for purposes of reporting to the Division
and for operational ease, and in no way limits the authority and responsibility of the Authorized Official. In accordance with the Colorado Revised
Statutes 24-72-202.6, information supplied in this application is considered a public record.
AUTHORIZED OFFICIAL
Name
I .I, t tl G
W t/l,nv� ovrc:a
Position
^(� /�
Chat vela. Co...,3r1 3oo..-e nF ( ,-tcss,v,arg
e/
Agency
taack Cau.A.Li Caksotrn,s.-e..-4—
Mailing Address
c5 -
City, State, Zip
Gras -le -9I C0)�€Ott. t t
Telephone#
Clio. 35Ia. r-Ipo0 t -, .42.oi
Fax #
Cj'j0 . 35`Z . b 211
E-mail Address
� olCia (�.uc\& jo.LA'S
Date'SU' 7`{i 2(
SEP 08 2009
Signature
C'' 7 ! /
FINANCIAL OFFICER
Name
Base -en -ca. LA&clty
Position
Cen4raIle. r
Agency
l,JeAAQ Ca,,,,.1...l Coal rnAa..-
Mailing Address
9n 15r 10*' S+�-4-
City, State, Zip
t� rsa I Co Via
Telephone#
th0. 3 .t-OOO ciKj_ 4ggc
Fax#
COO .35-2,. 9019
E-mail Address
i�Gann O '//eC.6 . wt la ,moo ,xt5 SFP 1 6 M.
Signature
�Ltt.�l/L( 'l )Ye%A��l
"SEP 8 �,Z Q9
PR 6 DIRECTOR
09
Name
U' V
A0 4ka_e.\ �C3CM.S ..
Position
f p: r��
�be!'4i-a el L
Agency
I t r
*
ent.le- useAck Cou.n cbrea'.sic._ LaScbC-a�1
Mailing Address
i I
Ign „0„ i- }
City, State, Zip
CSte-¢_l UbL3 I
Telephone #
I
Fax#
7O. 33ca. 7z.�
E-mail Address
y
(4`3or0Pts.Son. [ai CD . 1.or.-LA, (A . (-. 5
Signature
Date f/
JQ
9
JAG Special Provisions and Certified Assurances Page 10 of 10
January 1, 2009
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