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HomeMy WebLinkAbout20082913.tiff RESOLUTION RE: APPROVE STATEMENT OF GRANT AWARD AND CERTIFICATE OF COMPLIANCE FOR VICTIM WITNESS ASSISTANT UNIT SPECIALIZED VICTIM PROJECT 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 and the Certificate of Compliance for the Victim Witness Assistant Unit Specialized Victim Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney's Office, and the Colorado Division of Criminal Justice, commencing January 1, 2009, and ending December 31, 2009, with further terms and conditions being as stated in said Grant Award and Certificate of Compliance, and WHEREAS, after review, the Board deems it advisable to approve said Grant Award and Certificate of Compliance, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Statement of Grant Award and the Certificate of Compliance for the Victim Witness Assistant Unit Specialized Victim Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney's Office, and the Colorado Division of Criminal Justice be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Grant Award and Certificate of Compliance. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of November, A.D., 2008. BOARD OF COUNTY COMMISSIONERS g WELD COUNTY, COLORADO ATTEST: ki �, L-, 'a ' ) i il ' m . Jerke, Chair Weld County Clerk to the �I \ Robert D. M sd , ro-Tem BY: Deputy Cler o the Board ill m F. Garcia M: c �( David E. Long ��// ounty Attorney /0209Douglas R demacher Date of signature: 2008-2913 DA0021 ,..ov•O,9 (t777. --t Sv COLORADO DIVISION OF CRIMINAL JUSTICE \-1'1'4 � 5 STATEMENT OF GRANT AWARD (SOGA) a'6 t (Second Year of Approved Funding) FEDERAL PROGRAM INFORMATION CFDA Number: 16.575 Federal Agency: Office of Justice Programs, U.S. Dept. of Justice Federal Award Name&Number: Victims of Crime Act, Crime Victim Asst. Program—26-VA-GX-0047, 27-VA-GX-0039, 28-VA-GX-0019 Subgrantee Agency Name: District Attorney's Office, 19th Jud. Dist. Project Director: Ms. Jo Ann Holden Address: P.O. Box 1167 Greeley, CO 80632 Grant Number: 27-VA-19-120 Project Title: 19th JD DA Victim Assistant Unit Specialized Victim Project Grant Period: January 1, 2009 to December 31, 2009 Date Issued: October 24, 2008 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 Cash Match In-Kind Match Total Personnel $35,418.00 $8,855.00 $0.00 $44,273.00 Supplies and Operating $ 0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 * Equipment $0.00 $0.00 $0.00 $0.00 * Professional Services $0.00 $0.00 $0.00 $0.00 TOTAL AWARD $35,418.00 $8,855.00 $0.00 $44,273.00 AMOUNT * 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 1. The Statement of Grant Award (SOGA)for Grant Number 26-VA-19-132 as well as the accompanying special conditions, certified assurances, application and corresponding attachments issued as part of the SOGA, are hereby incorporated into this SOGA by reference. Page 1of32 T ' STATEMENT OF GRANT AWARD INSTRUCTIONS 1. Grant activities must be based on the approved budget shown on page 1 of this Statement of Grant Award, and the approved detailed budget(s),which supersedes any earlier budget request submitted,and which may be different from the budget originally submitted in your application. The subgrantee must secure prior written approval from DCJ if there is to be a change in any budget category(see DCJ Form 4-A). 2. The Financial Officer of the project must be provided a copy of this document in order to adequately prepare the necessary financial reports. 3. The Subgrantee 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,drawdown 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'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. ADDITIONAL DCJ REQUIREMENTS (1) 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 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." (3) All subgrants are conditioned on the ability to report to the Division of Criminal Justice all the information contained on DCJ Forms 1-A and 2-VOCA,the quarterly narrative and financial reporting forms. Technical assistance is available upon request. (4) These funds cannot be guaranteed beyond the end date of the grant period on page 1 of this SOGA. Unexpended funds remaining at the end of the grant period must be returned to the Division of Criminal Justice. RETURN: ALL SETS of the Statement of Grant Award with ORIGINAL SIGNATURES to: Division of Criminal Justice, Office of Victims Programs, 700 Kipling Street, Suite 1000, Denver, CO 80215. After other required signatures are obtained,the white SOGA copy with approved application will be returned to your Project Director. Version 8-08 Page 2 of 3 .,. STATEMENT OF GRANT AWARD Grant Routing Number b b 27 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 representation to that effect. SUBGRANTEE: STATE OF COLORADO: District Attorney's Office, 19th Jud. Dist. Bill Ritter, Jr. GOVERNOR Legal Name of Subgrantee Agency By: By 'Signature of Authorized Official RECTOR Col r do ivision of Criminal Justice JEANNE M. SMITH William H. Jerke, Chair Date Signed: Print Name & Title of Authorized Official Date Signed: 11/03/2008 STATE OF COLORADO LEGAL REVIEW: See Contract Routing Waiver# 89 (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. STATE CONTROLLER: David J. McDermott, CPA By: �� W Date Signed: i I (c Version 8-08 Page 3 of 3 SE EXHIBIT A ,RmA Please do NOT change,format of table or applic Lion 1. APPLICANT AGENCY: District Attorney's Office, 19th Judicial District , y DCJ USE ONLY Program Name: Victim Witness Assistance Unit App# *-VA)17 - (CY 2008) Mailing Address: PO Box 1167 Grant# —I/1} _ lc?,f 301. Street Address: 915 Tenth Street Award$ 35- 4/ City/Town: Greeley Zip Code: 80632 County: Weld Judicial District: 19 _ CY2009 Phone#: 970 356-4010 I Fax#: 970 352-8023 Grant #: 27-VA-19-120 '3' E-Mail Address: jholden@co.weldco.us Award: S35,418 Federal Employer Identification Number(FEIN): 84-6000813 2. CONTACT PERSON: JoAnn Holden Position: Director of Victim Services Phone#: 970 356-4010 X 4747 Fax# : 970 352-8023 E-Mail: jholden@co.weld.co.us 3. FUNDS REQUESTED: $35,418 4. APPLYING FOR: ® VOCA SECTION B: PROJECT NARRATIVE 5. BRIEF PROJECT TITLE: 19th JD DA Victim Assistant Unit Specialized Victim Project 6. BRIEF PROJECT SUMMARY: The District Attorney's Office 19th Judicial District's Victim Witness Assistance Unit has VW Assistants assigned to dedicated victim types: a Juvenile VW Assistant serving children and adults who are victims or witnesses of juvenile offenders and a District Court VW Assistant serving victims of felony domestic violence. The Juvenile VW Assistant and District Court VW Assistant assigned to these type of cases,act as a liaison between the victim and the criminal justice system providing Victim's Rights information and education,referral to community services,updates on the status of the prosecution and support throughout the court process. 7. DESCRIPTION OF PROJECT FOR WHICH FUNDS ARE BEING REQUESTED: Historically the 19th JD Victim Witness Assistance Unit has been understaffed resulting in"reactive"support to victims,meaning that victims who contacted the Weld County District Attorney's Office or showed up to court were assisted. There was little "proactive"outreach. The"reactive"response was not because of lack of dedication or diligence on the part of the staff,but due to inadequate staff resources. Since January 2005, with the support of District Attorney Ken Buck, the VW Assistance Unit has been staffed more adequately allowing for more proactive assistance to victims of crime with continual outreach. Two areas of the VW Assistance Unit which continued to be underserved: victims and witnesses of juvenile offender cases,and adult felony domestic violence victims.The two Deputy District Attorney's assigned to the Juvenile caseload, and the three Deputy District Attorneys who are assigned felony domestic violence cases(as well as other type of cases)have been primarily responsible for victim contact,providing Victim's Rights information and education,updates on the status of the prosecution, and gathering restitution information. In 2007, it is estimated that the Juvenile VW Unit will handle 1000 juvenile offender cases which represent approximately 200 VRA victims and 466 victims of non-VRA crimes and 110 felony domestic violence cases which will represent 200 primary and secondary victims. To provide better victim support throughout the criminal justice system,two District Victim Witness Assistants are assigned to dedicated victim types: a VW Assistant serving children and adults who are victims or witnesses of juvenile offenders(full time employee utilizing 50%of her time towards this victim group)and a VW Assistant serving victims of felony domestic violence(full time employee utilizing 33%of her time towards this victim group). The VW Assistants act as liaisons between the victim and the criminal justice system providing Victim's Rights information and education,referral to community services, updates on the status of the prosecution and support throughout the court process. Many of these victims are Spanish-speaking only;the two District Victim Witness Assistants are Spanish-bilingual. 2008 VOCA Application Page 1 of 16 ,_ ii i � SECTION C: GOALS AND OBJECTIVES Please do NOT change,format of table or application. 8. COMMON GOAL 1: This project will provide direct services that assist crime victims with emotional and physical needs to stabilize their lives,provide for a measure of safety and security and/or enhance victims'experience with the criminal justice system. • Common Objective 1: Provide services to the following unduplicated number of crime victims during the firstl2-month grant period. List only victims to be served with VOCA grant funds and match. Count each victim ONLY ONCE,by predominant type of crime. Please see definition of victim and unduplicated count in the instructions. VICTIMS TYPE OF CRIME EST.# TYPE OF CRIME(continued) VICTIMS 0 Child Physical Abuse + 0 Adults Molested as Children 20 Child Sexual Abuse 0 Survivors of Homicide Victims DUI/DWI-Victims of vehicular assault or 0 homicide, DUI/DWI crashes,or careless driving � 6 Robbery resulting in death. 212 Domestic Violence ,< 196 Assault • Other violent crimes such as hate and bias 14 Adults Sexual Assault =,14 crime,gang violence,crimes against seniors 0 Elder Abuse(including economic exploitations and f."j (Be specific): fraud crimes TOTAL UNDUPLICATED VICTIMS ESTIMATED TO BE SERVED DURING THE 12-MONTH PERIOD: 448 • Common Objective 2: Provide the following types of services to the following estimated number of victims: List only victims to be served with VOCA grant funds and match. Count each victim ONLY ONCE for each applicable service,regardless of the number of times a type of service is provided to the victim. No number listed in any category of`Common Objective 2'should be greater than the total number of victims reported in`Common Objective 1'. VICTIMS SERVICES VICTIMS SERVICES(continued) 50 Crisis Counseling(in person) 0 Emergency Financial Assistance 64 Follow-up 0 Emergency Legal Advocacy 0 Therapy E0 430 Victim Compensation Assistance(required) 0 Group Treatment/Support 0 Personal Advocacy 0 Shelter/Safehouse ,';-`. 332 Telephone Contact 106 Info/Referral(in person) " 0 Other(Be Specific): 196 Criminal Justice Support/Advocacy yyF T".t3 8 a. COMMON GOAL 1: Describe,in detail,how you count the number of victims and services to be provided with VOCA funded staff and match,as indicated above. VOCA stat sheets will be given to the VW Assistants providing assistance to victims for this project: victims of juvenile offenders and victims of felony adult domestic violence to document statistics. The VW Assistant providing services to victims of juvenile offenders spends 50%of her time on this project. The VW Assistant providing services to victims of felony adult offenders spends 33%of her time on this project. The numbers above reflect the entire amount of victims who will be served in these two projects based on the percent of time each of these assistants will give to the project. The stat sheets are intially set up when when a new case is assigned. Each time the VW Assistant has contact with the victim, the stat sheet is reviewed to see what if any unduplicated service has been made. Each quarter the stat sheet numbers are added to give recap numbers. 2008-2009 VOCA Application Page 2 of 16 9. PROJECT SPECIFIC GOALS AND OBJECTIVES: Please do not include more than three additional goals with objectives. All goals and objectives must fit on this page. See instructions for more information. PROJECT SPECIFIC GOAL 2: Provide direct assistance to primary and secondary victims of juvenile offenders by providing: Victim's Rights information and education,referral to community services, updates on the status of the prosecution and support throughout the court process. Objective 1:By December 31,2009,services will be provided to 260 victims of juvenile offenders: 34 sexual assault victims, 24 domestic violence victims and 202 other VRA victims. Underserved victims of cultural,language,or ethnic minority should be 74. A Spanish bi-lingual VW Assistant will utilize 50%of her time to provide this assistance. Objective 2. By December 31,2009,the VW Assistant will provide 222 court accompaniments to victims of juvenile offenders. Objective 3. On a quarterly basis, a summary of results will be provided to the Project Director and Juvenile Unit in the District Attorney's Office,reviewing victim surveys which provide a summary of client satisfaction and statistics to uncover positive and negative aspects of the programs and any need for change PROJECT SPECIFIC GOAL 3: Provide direct assistance to victims of felony adult domestic violence by providing: Victim's Rights information and education,referral to community services,updates on the status of the prosecution and support throughout the court process. Objective 1:By December 31,2009,services will be provided to 186 primary and secondary domestic violence victims. Underserved victims of cultural,language,or ethnic minority should be 30. A Spanish hi-lingual VW Assistant will utilize 33%of her time to provide this assistance. Objective 2. By December 31,2009,the VW Assistant will make contact with approximately 62 primary victims who attend the initial court hearing providing information,support, and referrals. Objective 3. On a quarterly basis, a summary of results will be provided to the Project Director and Deputy District Attorney's handling the felony DV caseload, reviewing victim surveys which provide a summary of client satisfaction and statistics to uncover positive and negative aspects of the programs and any need for change 2008-2009 VOCA Application Page 3 of 16 , SECTI I : CONTINUATION APPLICANTS PRO. SS HISTORY O Continuation A I licants Only O 10. SUMMARY OF PROGRESS: In the grid below,briefly document the progress made in meeting projected goals and objectives for the previous grant project. Note specific services that were provided. Space below the grid has been provided for explanations of unmet goals and to record outcomes that were not measurable in a way that fits the reporting grid. (Ideally all goals and objective would fit in the grid.) A. Common Goal 1:(Objective 1) Est.# Actual# TYPE OF CRIME r4'. t. t.''' Actual# TYPE OF CRIME Victims Victims V \;ctim, Victims 218 192 Child Physical Abuse 0 0 Adults Molested as Children 79 56 Child Sexual Abuse 54 11 Survivors of Homicide Victims Victims of vehicular assault or homicide, Robbery 7 37 DUI/DW1 or careless driving resulting in . 41 8 injury/death. 1 1 18 1139 Domestic Violence 493 380 Assault Other violent crimes(specify): 23 77 Adult Sexual Assault 354 253 1 0 Elder Abuse 2388 2153 TOTAL CRIME VICTIMS B. Common Goal 1:(Objective 2) Est.# Actual# SERVICES r`x Est.# Actual# SERVICES Victims Victims ' Victims Victims 688 612 Crisis Counseling(in person) 27 17 Emergency Financial Assistance 281 378 Follow-up 0 0 Emergency Legal Advocacy 0 0 Therapy 2274 2336 Victim Compensation Assistance 0 0 Group Treatment/Support 90 160 Personal Advocacy 0 0 Shelter/Safehouse 897 1321 Telephone Contact 781 793 Info/Referral(in person) 3400 3313 Other(Be Specific): 1268 1404 , Criminal Justice Support/Advocacy TOTAL SERVICES C. Project Specific Objectives: _ Estimated#for Service Provided* Actual#Achieved each Objective (Outcome) 1400 services provide services to dv victims 2831 services provided 90%contact meaningful consultation made with 90%of misdemeanor DV victims 73% 50%dispo rate contact with mis DV victims results in a 50%disposition rate at initial hearing 34% 10,000 VRA ltrs VRA letters sent with CJS&Victim Compensation information 16,039 4510 VIS Victim Impact Statements sent to Vs and restitution work completed 2683 1000 court support victim court accompaniments 1589 D. Unmet Outcomes: If outcomes did not meet projections,explain here: *See Appendix. E. Objectives Not Fitting Grid Format: For objectives that do not fit in the grid above,report their progress here. Ideally,all 1 objectives should be measurable in a manner that fit the grid format in item B. *CRIME VICTIMS OTHER: menacing, kidnapping,vehicular assault,vehicular homicide,senior victims,at risk adults or juveniles, stalking SERVICES PROVIDED OTHER: Restitution,Mandatory Protective Order assistance, Calling off victims and witnesses for court hearings,assisting one time Spanish speaking callers or walk-ins *Additional pages may be attached to your APPENDIX if needed 2008-2009 VOCA Application Page 4 of 16 SECTION E: Budget Information Please do NOT change fornnal of table or application. 11.PROJECT FUNDS REQUESTED BUDGET: Continuation Applicants fill out Columns 1,2 and 3. New Applicants fill out Column 2 only. DCJ Use Only: CY2009 Award# 27-VA- 19- 120 COna ,)i > 'u U'._V late - ALL APPLICANTS .1k,k It< t„k (Column 2) ttsv a.kf' 4 d Current Grant Award REQUESTED BUDGET a Increase or Decrease . 1Wst3d,rx& ' :N 2 arY t,t ✓... k .a .,-.' 4 t l * . : .. Employee/Job Position (FTE) Employee/Job Position/FTE $0 Lopez/Dist.Ct. VW Assist.-Juv./.44 FTE $17,145 r$0 $0 Portillo/Dist. Ct. VW Asst. - DV Felony/.28 FTE $10,976 $0 $0 $0 i $0 $0 $0 1,$0 $0 $0 1.$0 $0 -I,.,Fringe Benefits(list by Employee/Job Position) l $0 $0 Lopez Lopez-FICA,health, retirement $4,449 $0 $0 Portillo- FICA, health,retirement $2,848 i.$o $0 a` $0 'l,$0 $0 $0 }$0 Fringe Benefits $0 $0 1$0 Subtota $0 Subtotal$35,418 ,SO 44 3 c'.i ilx• s Zt r: 4R ' t f "'NIT,.e1:si, t + ¢ 7t !' fs t ie s Mail „77 < "17r!,..,:-,,,,,,;,.0 • SI 'o- , •• `� � .a'. �V,yr,y�(io- s 1a as ts." , ,,.stt &.— '+S s,, .aax_..„, _...e ::9,..",s L �.,...,....�.. _:. . ". _ _,..._:.i..«�::.,..a.�m...i a" <..„.21r $0 1. $0 l $0 $0 • $0 $0 $0 itIt $0 I.$o $0 $0 $0 $0 $0 $0 Subtota $0 {. Subtotal$0 '. $0 pw 1F r is°t-4. i �f ' . t t 0 z i. ,. { di."'” r s x fi ` � . Tye r k t....... ... ...... ....... _....._ ......w...._a. �#�� .,.,._.b_.:..r�x....m,a_...".....,.....+. ....._..., ..». ....+.......*.....a..............�w�',.�d<,m•yv�wd 3t4d^'��: ". $0 $0 µ$0 $0 $0 $0 $0 $0 '$0 Subtotal $0 Subtotal$0 ,i SO t'...1:; .. : 5;Q} J y e E n 0i i e '''?..;:c.4,4,:••',:,:., .p i ,4 V, q y . . . ::...e:. ._.._ , _ "..,. ._...-..x..„.;:,,,,,,,,°‘,.. ....,.s`...,, ,' .,,.. ,: „,„,sa.... .,.., ..I:: ._ „xa"._.ia.._.,,�� Itil,.a ,._ P,..:_�*.1%*Lj,.: t+,ia�,' $0 $0 a$0 Subtotal $0 Subtotal $0 SO , k 4 ., 1 Ot t i' ..-,'444.i4; ittt1 y "t4.i tikl'. ei.d , .'' k/ i S A Ay , 44,, `S°' . tit $0 4 $0 i.$0 $0 t $o e$0 ft Subtotal$0 Subtotal$0 3$0 • r:ry. 4 K. *asa i rii.7'•a1-S"s•.:G t*:.., k xr a sE b1 J, im ",`..,5 I'1. '� ` "§^ .....,�::,.._ _.... . ': ....... _.._ .ter ......�:'..... .� ...:....k . . . ...... ........ .. ...." ...... "::4,; �.... �,.:'�. . .� ��w .�`� .. _ _ �' w. 2008-2009 VOCA Application Page 5 of 16 12. MATCHING FUNDS BUDGET: List the total matching funds. ALL VOCA PROJECTS MUST PROVIDE MATCH. See instructions for more details. PERSONNEL(Employees/Volunteers of the applicant agency) Employee/Volunteer/Job Position(Full Time Equivalent) Lopez/Victim-Witness Assist/.14 FTE for project $5,313 Portillo/Victim-Witness Assist/.09 FTE for project $3,542 $0 $0 $0 Fringe Benefits $0 Subtotal $8,855 SUPPLIES AND OPERATING EXPENSES(copying,rent,phone,tuition,registration fees and other items under$5,000) $0 $0 Subtotal $0 OTHER: In-State Travel,Equipment and/or Professional Services(specify) $0 $0 Subtotal SO (SOURCE OF MATCH: Local VALE CASH: $8,855 IN-KIND: $0 TOTAL: $8,855 13. GRANT BUDGET SUMMARY: This chart summarizes all dollars by category. All applicants should fill out pertinent sections. If your project does not have matching funds, leave match columns blank. BUDGET CATEGORIES Funding Request Cash Match In-Kind Match TOTALS Personnel $35,418 $8,855 $0 $44,273 Supplies&Operating $0 $0 $0 $0 Travel $0 $0 $0 $0 Equipment $0 $0 $0 $0 Professional Services $0 $0 $0 $0 TOTALS $35,418 $8,855 $0 $44,273 2008-2009 VOCA Application Page 6 of 16 14. BUDGET DETAIL AND JUSTIFICATION: (Do not exceed the two pages allowed for this budget narrative.) Please provide the following information for each budget category: A. PERSONNEL REQUEST AND MATCH: 1) Please detail the cost of the salaries and benefits you are requesting. List annual salary x FTE=Salary Request for each employee. The salary and benefit costs for all positions are established by the Board of County Commissioners. The County Commmissioners normally award an annual cost-of-livng raises(around 3 %) and step-increases. 2008 projected salaries: LOPEZ 1 FTE-VW Assistant 34,289 X.5 VOCA FTE=17,145 salary PORTILLO 1 FTE-VW Assistant 33,259 X.33 VOCA FTE =10,976 salary 2) List benefits requested (be specific) for each employee. Benefits are calculated at 25.95%of the yearly salary: FICA=7.65%; Medical,Dental, Vision= 10.3% ; Retirement=8% LOPEZ 1 FTE-VW Assistant 34,289 X .2595=8898 X.5 VOCA FTE=4494 benefits PORTILLO 1 FTE-VW Assistant 33,259 X.2595=8631 X.33 VOCA FTE=2848 benefits 3) Please provide the following ADDITIONAL information on the positions for which you are requesting funding. Employee/Job Position Requested #of #of hours FTE(# If THIS grant funding If THIS grant funding hours per per week of will not pay for the will not pay for the entire week this VOCA entire position,what is position, what is the requested position hrs the SOURCE of other AMOUNT of other funds for THIS works in worked funds that will be used that will be used to pay grant total— divided to pay for the rest of for the rest of this period max 40 by 40) this position? position? LOPEZ/VW Assistant 20.00 40.00 0.50 grants/admin/gov 21,594 PORTILLO/VW Assistant 13.00 40.00 0.33 admin/gov 28,066 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 B. SUPPLIES AND OPERATING REQUEST AND MATCH: Please see instructions,and fully explain and justify the need for the current request and for any increase over last year. Include and identify any supplies and operating used as cash or in-kind match. N/A C. IN-STATE TRAVEL REQUEST AND MATCH: Please see instructions,and fully explain and justify the need for the current request and for any increase over last year. Include and identify any travel items used as cash or in-kind match.N/A 2008-2009 VOCA Application Page 7 of 16 • 14. BUDGET DETAIL AND JUSTIFICATION(CONTINUED) D. EQUIPMENT REQUEST AND MATCH: Please see instructions, and fully explain and lustily the need for the current request. Generally,funding of equipment is minimal. Include any equipment used as cash or in-kind match,.N/A E. PROFESSIONAL SERVICES REQUEST AND MATCH: Please see instructions,and fully explain and justify the need for the current request. Include and identify any professional services used as cash or in-kind match. Please note that professional services expenditures require prior approval by DCJ(Form 16). N/A F. DIFFERENCES FROM LAST YEAR'S REQUEST(Continuation Subgrantees only): Please briefly summarize the reasons for the differences between this request and your current grant award for each budget category above. The 2007 Grant requested funding for several staff supporting services performed by the entire Victim Witness Assistance Unit. Due to the VOCA report change requirement,the 2008 Grant is specifically identifying two areas in the VW Unit(victims of juvenile offenders and victims of felony domestic violence)requesting for partial salaries and benefits of two Spanish bi-lingual MW Asssitants to provide services to these previously underserved areas in the office. tfhe VW Assistant supporting victims of juvenile offenders will spend 50%of her time with these victim types. The VW Assistant supporting victims of felony domestic violence will spend 33%of her time with these victim types. The 2008 Grant request is 8.6%more($2,812)more than the 2007 Grant request and was based on the calculating these VW Assistant's at the amount of time they will spend on the VOCA Project. 2008-2009 VOCA Application Page 8 of 16 15. TOTAL AGENCY VICTIM SERVICES FUNDING THAT YOUR PROGRAM IS CURRENTLY RECEIVING: FUNDING START DATE END DATE AMOUNT FEDERAL FUNDS: Month / Day / Year Month / Day / Year VAWA funds: i $14,873 4 / 1 / 07 3 / 31 / 08 VOCA funds: b $32,606 A 1 / 1 / 2007 ' 12 / 31 / 07 FVPSA(ACT) funds: 11 $0 1 F / / 9 / / Other US Dept. of Justice funds such as Byrne $0 / / / / (DCSIP),Juvenile Justice, COPS, etc. Sex Assault Prevention funds: $0 / / / / Other Federal funds: $0 / / / / STATE FUNDS: State VALE funds: m $0 / / / / State DAAP funds: $0 1 / / / / Other State funds(e.g. general fund) $0 I / / / / LOCAL GOVERNMENT FUNDS: Local VALE funds: Judicial District: 19th $91300 7 / I / 06 6 / 30 / 07 Judicial District: $0 q / / / / Judicial District: $0 R; / / / / Judicial District: $0 . / / / / Local Government funds: $166254 -1 / 1 / 07 12 / 31 / 7 $0 / / / / PRIVATE OR OTHER FUNDS: Private funds: $0 / / / / Other funds:VALE&COMP Admin funds $133476 1 / 1 / 07 12 / 31 / 07 16. DIVERSIFICATION OF FUNDING: See instructions. The Victim Witness Assistance Program in the Weld County District Attorney's Office utilizes grant funding from Local VALE, VOCA and VAWA,Administrative Funds from VALE and Victim Compensation and County funding. The County Commissioners have supported the new administration's efforts to have adequate staff in the VW Unit by authorizing one new FTE VW Assistant in 2007 and another FTE in 2008;both essential to the respond to the increasing caseload due to the increasing population; GREELEY TRIBUNE,April 5,2007, "Weld still growing at a fast pace. Region is second fastest-growing area in the U.S." The Director of Victim Services continues efforts to obtain volunteer school interns to add more working hours to the many duties the Unit is responsible for completing. Additional funding sources continue to be sought. 2008-2009 VOCA Application Page 9 of 16 SECTION F: SUPPORT,COORDINATION AND NETWORKING Please do NOT change,finvtat of table of application. 17. COMMUNITY SUPPORT, COORDINATION AND NETWORKING: A. LETTERS OF SUPPORT: List the agency names and persons that provided the three letters of support in your appendix. AGENCY PERSON/POSITION DCJ USE ONLY Greeley Police Department Cecil O'Farrell-GPD Victim Assistance Coordinator Probation Victim Assistance Sheri Mann-Probation Victim Coordinator A Woman's Place Ellen Szabo-Executive Director B. MEMORANDUMS OF UNDERSTANDING OR AGREEMENT: List the agencies with which you have active memorandums of understanding(MOUs)or agreement regarding coordination and provision of services. Attach the MOUs in the appendix. A Kid's Place;CARE Child Advocacy Resource Center Weld County LE Victim Assistance A Woman's Place;Adult Sexual Assault Program UNC AIMS Criminal Justice Program Greeley Police Department Victim Assistance Weld County Collections Department Sexual Assault Survivor's Inc Weld County Legal Services Weld County Area on Aging Colorado Legal Services 19th JD Probation Victim Services District Attorney's Victim Assistance Unit C. REFERRALS MADE TO YOUR PROGRAM. 1. Greeley Police Department Victim Assistance • 2. Weld County LE Victim Assistance 3. A Woman's Place 4. Sexual Assault Survivor's Inc 5. Adult Sexual Assault Program I NC 6. A Kid's Place/CASA of Weld County 7. Weld County Area on Aging 8. North Colorado Medical Center 9. 19th JD Probation Victim Service 10. Weld County Collections Department D. REFERRALS YOU MAKE TO OTHER PROGRAMS. 1. A Woman's Place 2. Sexual Assault Survivor's Inc 3. Colorado Legal Services 4. Weld County Legal Services 5. Catholic Charities,Northern 6. 19th JD Probation Victim Services 7. Weld County Department of Social Services 8. Greeley Police Department Victim Assistance 9. Weld County LE Victim Assistance 10. North Range Behavioral Health Center 2008 VOCA Application Page 10 of 16 SECTION G: VICTIM INFORMATION AND ASSISTANCE Please do NOT change,format of table nr application. 18. CULTURAL COMPETENCY PLAN: See instructions for additional information. Latinos/Hispanics are a statistically significant minority in the 19th Judicial District at 27%of the population. To assure sensitivity and relevancy in addressing the needs of Spanish speaking victims,the Victim Witness Unit has two fulltime Spanish bilingual Victim Witness Assistants. Victim Witness Unit Staff are encouraged to take conversational Spanish classes offered by Weld County so all staff can at least communicate minimally until the Spanish bilingual Victim Witness Assistant is available. Positions open in the Unit give a hiring preference to Spanish bilingual applicants.The Victim Rights Amendment Brochure and Victim Compensation information have been translated into Spanish. The Victim Witness Unit seeks to maintain cultural competency by actively participating in various community groups,education that is relevant to cultural sensitivity and to proactively be involved in community efforts to assess and address issues and needs related to cultural competency. • 19. VICTIMS RIGHTS ACT: (See instructions for additional information.) A. Training: What training does your agency provide to direct services staff and volunteers about giving information to victims on their rights under the Colorado Constitution? Jo Ann Holden,Victim Services Director of the Weld County District Attorney's Office has been involved in the Victims'Rights Constitutional Amendment prior to voter approval in November 1992. Holden implemented one of the first automated Victims' Rights Notification Systems in the state in the 18th Judicial District Attorney's Office. She was a committee member of the Constitutional Amendment Training Committee and during 1993 and 1994 and an instructor in several regional trainings throughout the state as well as a technical support person to the C.O.V.A.Trainer. She has been involved in the Victims' Rights Enabling Legislative Committee when modifications were made to assure compliance which resulted in the cleanup bill passed in 1995. The information Holden has gleaned from her involvement with the Victims'Rights Amendment is passed on to the Victim Witness Staff via staff meetings and policies and procedures.Policies and procedures that are implemented in the Office of the District Attorney as a direct result of requirements of the Victims'Rights Amendment are discussed in a thorough manner with staff regarding the importance of following through with the new procedure because it is a Victims'Rights Amendment issue. B. Date of the last training: May 2006 Provided by: Meghan Saleebey,Victims Rights Act Specialist,DCJ C. Does your agency have a statutory mandate to notify victims of their rights under the Victim ® Yes ❑ No Rights Act? D. If applicable,how do you notify victims of their rights under the Victims Rights Act? The Victim Witness Unit provides written or phone notifications to all victims designated in the Victim Rights Amendment prior to each of the critical stages of the court system. Initial notices include VRA Brochures,Victim Compensation information and community resource information. F. If you answered 'yes' above,how do you document that such notification has been given? Documentation of all VRA notifications is maintained on the outside of the DA case file and in the database of DA's Office including a screen for tracking BRA notices. F. List the approximate number of Victims Rights Act notifications made by 20000 your agency each year: G. Does your agency have a Victims Rights brochure that is distributed to victims? ® Yes * ❑ No *lfyes,please attach one copy in the appendix of the grant application. H. In what languages are your Victims Rights Act brochures available? English. Utilize DCJ's Spanish brochure. 2008-2009 VOCA Application Page II of 16 20. VICTIM COMPENSATION: (See instructions for more information.) A. How does your agency regularly inform victims about the Victim Compensation program and assist them in applying when appropriate? The Victim Witness Assistance Program provides information to victims concerning Crime Victim Compensation by distributing Victim Compensation Brochures(English and Spanish)and application forms, referring to Victim Compensation in VRA Brochures,providing Victim Compensation Training at law enforcement departments,victim service agencies and other local groups, and explaining and helping victims to complete application forms. B. Are there any major issues that hinder your victim assistance program in helping crime victims apply for Victim Compensation benefits and understanding eligibility requirements? No C. Are any of the services provided by your agency eligible for Victim Compensation ❑ Yes ® No reimbursement? List services: N/A D. Please describe how your agency tracks funds and services to ensure that it is not using VOCA funds to provide services which could be or have been paid for by Victim Compensation. N/A E. Does your agency regularly conduct/receive Victim Compensation training for direct services staff or volunteers? ® Yes ❑ No Date of last training: 2-5-2007 Training provided by: Karol Patch, Victim Comp Coordinator 2008-2009 VOCA Application Page 12 of 16 • • SECTION II: EVALUATION Please do NOT change,format of table or a iplication. 21. EVALUATION: Describe how you will evaluate the efficiency and effectiveness of this project.(Please see instructions.) A. Efficiency: The Victim Witness Assistance Program will utilize both efficiency and effectiveness measures in evaluation by gathering and compiling statistical data for grant reporting on a quarterly basis. During 2008, did the Victim Witness Assistance Program provide: I. services to 200 victims of juvenile offenders,40 Spanish speaking only? 2. 240 court accompaniments to victims of juvenile offenders? 3. services to 200 victims of felony domestic violence, 80 Spanish speaking only? 4. make contact with approximately 100 victims of felony domestic violence at the initial court hearing? B. Effectiveness: I. Were victim surveys reviewed for feedback in the following areas: C. a. Did victims feel their contact with the court system was positive under the circumstances? What could have been done better? D. E. b. Did victims feel that Victim Witness Unit Staff was accessible by phone? F. G. c. Did victims feel that what would happen at court hearings was explained adequately to them? H. I. J. 2. Were quarterly meetings held with the Project Director,Juvenile Unit, and VW Assistant assigned to cases involving victims of juvenile offenders to discuss positive and negative aspects of the program and any need for change'? K. L. 3. Were quarterly meetings held with the Project Director,Deputy District Attorney's handling the felony DV caseload and VW Assistant assigned to victims of felony domestic violence to discuss positive and negative aspects of the program and any need for change? 2008-2009 VOCA Application Page 13 of 16 • SECTION I: FINANCIAL MANAGEMENT Please do NOT change format of table or application. 22. FINANCIAL MANAGEMENT: Please answer the following questions with your financial officer. A. Please provide the date of your last independent audit or financial review: May 1,2006 Include one copy of your most recent audit or financial review,including any management report or other auditor comments,in the appendix. B. Does your agency expend over$500,000 from combined federal sources in a year? ® Yes ❑ No C. Please respond to the following questions about whether your accounting system meets the criteria for managing federal/state 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 are not a substitute for the agency's responsibility to meet all federal and state requirements for these grant funds.) ® Yes 0 No Does your accounting system separate ALL revenues and expenditures by funding source? • Yes 0 No Does your system track revenues and expenditures for each grant award separately through a sub-ledger system? ® Yes ❑ No Does your system allow expenditures to be classified by the broad budget categories listed in the approved budget in your grant,i.e.Personnel, Supplies and Operating,Travel,Equipment and Professional Services? ® Yes ❑ No Do you reconcile sub-ledgers to your general ledger at least monthly'? ® Yes ❑ No Do you mark your invoices that are paid with grant funds and indicate the grant number? Yes ❑ No Do you maintain time sheets,signed by the employee and supervisor for each employee paid by DCJ grant funds'? • Yes 0 No ❑ N/A If your grant requires a match,does your accounting system clearly identify the funds and amount used as cash match? ® Yes ❑ No ❑ N/A If your grant requires a match and you are using in-kind match such as volunteer hours,have you clearly documented how you are keeping track of the match that you are reporting on your quarterly financial 1-A report? O Yes 0 No Do you have written financial policies and procedures in place'? Z Yes 0 No Do you have internal accounting controls in place,such as separation of duties, two signatures on certain checks,reconciliations or other reviews? For Continuation Applicants only. ® Yes 0 No Do you use your accounting system data to prepare your quarterly financial reports for DCJ? O Yes ❑ No Do you reconcile your accounting system data with your quarterly financial reports for DCJ? D. If you answered NO to any of the questions above,please provide an explanation. 2008-2009 VOCA Application Page 14 of 16 SECTION J: SUPPLEMENTAL PAGES FOR NEW APPLICANTS ONLY Please do NOT change format of table or application. 23. AGENCY INFORMATION AND STATEMENT OF NEED: A. TYPE OF PROJECT(choose one): ❑ Start a new victim services project. ❑ Expand or enhance an existing project not funded by VOCA funds in a previous year. B. AGENCY DESCRIPTION AND HISTORY: C. STATEMENT OF NEED FOR THE PROPOSED PROJECT: 2008-2009 VOCA Application Page 15 of 16 SECTION J - Continued :• NEW APPLICANTS ONLY Please do NOT change fa-nun of table or application. 24. WORKPLAN FOR ACHIEVING GOALS AND OBJECTIVES: (See instructions.) 2008-2009 VOCA Application Page 16 of 16 CERTIFICATION OF MATCHING FUNDS - (All Applicants) If no match is required,you may disregard this page. PLEASE BE ADVISED that WELD COUNTY GOVERNMENT has appropriated (unit of government,forfeiture fund,non-profit agency,or corporation) funds in the amount of$ 8,855 to match federal funds for the 19th .Tn Victim Assist afar e Tint Specialis (project title) Project The source(s)of these funds is non-federal governmental funds These funds are made available as x CASH or IN-KIND match Execution of this document represents a certification that said funds have been earmarked within the appropriation of budget process, which by state or local government law or practice, binds and obligates the state/local unit of government or the implementing agency to use such funds for purposes of this grant funded project, or permits such uses. The funds are,or will be(within the project duration),actually provided for such purposes. Signature must be by the individual authorized to commit these funds on behalf of the unit of government, forfeiture fund, non-profit agency or corporation. This Sincerely, individual is either the Authorized Official on this grant or appropriate financial controller of matching funds. rAL�E_c 'Lt('C (1 /. ','. AiC e (1' 11/03/2008 Signature Date Barbara Connolly Typed Name Controller Title 1 Cc x22 DCJ FORM 30 CERTIFICATION OF COMPLIANCE WITH REGULATIONS OFFICE FOR CIVIL RIGHTS, OFFICE OF JUSTICE PROGRAMS FOR SUBGRANTS ISSUED BY THE COLORADO DIVISION OF CRIMINAL JUSTICE INSTRUCTIONS: Complete the identifying information, which is found on tie Statement of Grant Award(SOGA), in the table below. Read the form completely,identifying, under "I,"the person responsible for reporting civil rights findings; anu checking only the one certification under "II"that applies to your agency Have your Authorized Official sign at the bottom of page 2,forward a copy to the person you identified under "I"and return the original tcthe Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO 80215, within 45 days of the grant award begnning date. Grant# , 1- V'P\—\ 4-)D.U Grant Project Title: -1:),Pi V S Q,- v' 'NIA t\t J1 -U. FEU 'V(C} Subgrantee Name(Funded Entity): oSS C i'1 1 Address: �j t ?:,13X i L 67 GrQQ1e) E0 cab\ 3 Z — fu w2 Duration: Beginning date: 0 1-p j- nt) °j End date: \ z3 ]-,z 0 Award: $ 3 J J k Project Director's Name&Phone#: So 1\n 010,e.n 9Th 3Sb-`,1 10 k1111J AUTHORIZED OFFICIAL'S CERTIFICATION: As the Authorized Official for the above Subgrantee, I certify, by my signature below,that I have read and am fully cognizant of our duties and responsibilities under this Certification. I. REQUIREMENTS OF SUBGRANT RECIPIENTS: All subgrant recipients(regardless ofhe type of entity or the amount awarded)are subject to prohibitions against discrimination in any program or activity, and must take reasonable steps to provide meaningful access for persons with limited English proficiency. ♦I certify that this agency will maintain data(and submit when required)to ensure that: our services are delivered in an equitable manner to all segments of the service population; our employment practices comply with Equal Opportunity Requirements, 28 CFR 42.207 and 42.301 et seq.; our projects and activities provide meaningful access for people with limited English proficiency as required by Title VI of the Civil Rights Act,3ee also 2000 Executive Order#13166). ♦I also certify that the person in this agency or unit of goverment who is responsible for reporting civil rights findings of discrimination will submit these findings, if any,to the Division of Criminal Justice within 45 days of the finding, and/or if the finding occurred prior to the grant award beginning date,sithin 45 days of the grant award beginning date. A copy of this Certification will be provided to this person, as identified here: Sm._ L\4\ n II. EQUAL EMPLOYMENT OPPORTUNITY PLAN(EEOP)CERTIFICATIONS: Check the box beforeONLY THE ONE APPROPRIATE CERTIFICATION(A, B, or C below)that applies to this subgrantee agency during the period of the grant duration noted above. O CERTIFICATION "A" [NO EEOP IS REQUIRED if(1),(2)or(3), below,apply.] This is the Certification that most non-profits and small agencies will use. Check all that apply to your entity. This funded entity: (1) is an educational,medical or nonprofit organization or an Indian Tribe; (2) has less than 50 employees; (3) was awarded through this grant from the Colorado Divisin of Criminal Justice less than $25,000 in federa U.S. Department of Justice funds. Therefore,I hereby certify that this funded entity is not required to maintain an EEOP, pursuant to 28 CFR 42.301et sec (CONTINUED ON REVERSE SIDE) Colorado Division of Criminal Justice Page 1 of 2 (Rev /172(208- DCJ FORM 30: CERTIFICATION OF COMPLIANCE WITH REGULATIONS, OFFICE FOR CIVIL RIGHTS, OFFICE OF JUSTICE PROGRAMS (Continued) II. EQUAL EMPLOYMENT OPPORTUNITY PLAN(EEOP)CERTIFICATIONS: (Continued) a CERTIFICATION "B" (EEOP MUST BE ON FILE) This funded entity,as a for-profit entity or a state or local government having 50 or more employees, is receiving,throu this grant from the Colorado Division of Criminal Justice,more than $25,000, but less than $500,000 in federal U.S. Department of Justice flinch. Therefore, I hereby certify that the funded entity has formulated an Equal Employment Opportunity Plan in accordance with 28 CFR 42.301,et sec., subpart E,that it has been signed into effect within the last two years by the proper authori and disseminated to all employees, and that it is on file for review or audit by officials of the Division of Criminal Justil or the Office for Civil Rights, Office of Justice Programs as required by relevant laws and regulations. O CERTIFICATION "C" (EEOP MUST BE SUBMITTED)This funded entity,as a foFprofit entity or a state or local government having 50 or more employees, is receiving,through this grant from the Colorado Division of Criminal Justice,more than$500,000 in federal U.S. Department of Justie funds. Therefore, I hereby certify that the funded entity will submit,within 60 days of the award, an EEOP or an EEOP Short Form to the U.S. Department of Justice,Office for Justice Programs, Office for Civil Rights that will include a section specifically analyzing the subgrantee(implementing)agency. (If you have already submitted an EEOP applicable to th time period, send a copy of the letter received from the Office for Civil Rights showing that your EEOP is acceptable.) Person responsible for reporting civil rights findings of discrimination: (Name,address& phone) Sue \-ADC) _)0 pox G e CO b34 9 D 33b-1.220 As the Authorized Official for the above Subgrantee, I certify,by my signature below,that I have read and am fully cognizant c our duties and responsibilities until-this Certification. I,hereby, also certify that the content of this form, other than the data entry required, has not been altered. k l � 11/03/2008 [Authorized Official's signature] [Date William H. Jerke Chair, Board of County Commissioners [Typed Name] [Title] * * * * * * * * * * This original signed form must be returned to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO 80215, within 45 days of the grant award beginning date. You must also forward a signed copy to the person identified in the box above. DCJ will forward a copy to the Office for Civil Rights, Office of Justice Programs, US. Department of Justice. Colorado Division of Criminal Justice Page 2 of 2 (Rev 10/19/2008) SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 1 of 13 Special Provisions&Certified Assurances must remain attached to the application I CHECK BELOW TO INDICATE WHICH CATEGORY BEST DESCRIBES YOUR AGEDC: 6.fr® Inter-Governmental Grant Os, ii401 Grant to a Colorado State Agency(Section A does not apply) -Grant to a Unit of Local Government,Tribal Government, or Special District. Grant to a Non-Profit,Private Organization(Non-Governmental) The applicant certifies by signing that the project described in this application meets all the requirements of the applicable governing legislation as indicated below; that all information contained in the application is correct; that there has been appropriate coordination with affected agencies; and, that the applicant will read, understand and comply with all provisions of the governing legislation and all other applicable federal and state laws, rules and regulations that have been or may hereafter be established. The applicant further understands and agrees that any subgrant award received as a result of this application shall be subject additionally to the grant conditions set forth in the Statement of Grant Award,and in the current applicable Administrative Guide of the Division of Criminal Justice. GOVERNING LEGISLATION FOR THIS GRANT PROGRAM. Victims Of Crime Act Assistance Funds (VOCA). From the United States Department of Justice, Office of Justice Programs, under federal statutory authority Victims of Crime Act of 1984(VOCA),as amended, Public Law 98-473, Chapter XIV,42 U.S.C. 10601, et seq., Section 1402, Section 1404,and under applicable program rules and regulations established by the federal program office. A. STANDARD STATE SPECIAL PROVISIONS Revised May 13,2008 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 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 Govemmental Immunity Act,C.R.S. Section 24-10-101 et seq. or the Federal Tort Claims Act,28 U.S.C.2671 et seq., as applicable,as now or hereafter amended. May 13,2008 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 2 of 13 Special Provisions&Certified Assurances must remain attached to the application 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,subcontractor,or employee of the Subgrantee Agency shall be or shall be deemed to be an agent or employee of the state by virtue of this Subgrant. Subgrantee Agency shall pay when due all required employment taxes and income tax and local head tax on any monies paid pursuant to this grant. Subgrantee Agency acknowledges that the Subgrantee Agency and its employees are not entitled to unemployment insurance benefits unless the Subgrantee Agency or third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Subgrantee Agency shall not have authorization, express or implied, to bind the state to any agreements, liability, or understanding except as expressly set forth herein. If this grant provides funds for any personal services, Subgrantee Agency shall provide and keep in force workers compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts of its employees, independent sub-contractors and agents. 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. 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 May 13,2008 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 3 of 13 Special Provisions& Certified Assurances must remain attached to the application hired for employment in the United States to perform work under this subqrant, 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 subqrant 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 Subqrantee 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. 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 May 13,2008 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 4 of 13 Special Provisions&Certified Assurances must remain attached to the application 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 incorporating this subgrant. If the agency expends more than $500,000 per year in combined federal funds, a Single Audit must be conducted in accordance with OMB Circular A-133(Audits of States, Local Governments, and non-profit organizations). If the agency expends less than $500,000 per year in combined federal funds, the following policy applies: Agencies with total annual revenue from all sources of $200,000 or more shall procure a financial audit; a financial review shall not be sufficient to meet this requirement. Agencies with total annual revenue of less than$200,000 shall procure either a financial review or financial audit. i. At such time as the audit or financial review is completed, ONE COPY OF THE REPORT, INCLUDING THE CORRESPONDING MANAGEMENT LETTER, MUST BE FORWARDED TO THE DIVISION OF CRIMINAL JUSTICE for clearance. The audit or financial review incorporating this subgrant must be completed and received within 12 months of the end of the fiscal years that includes the end date of the grant. May 13,2008 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 5 of 13 Special Provisions&Certified Assurances must remain attached to the application h. 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: 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 required herein. The Division will provide reasonable assistance to the Subgrantee Agency concerning 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 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. Hi. 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: Either party may terminate the grant with thirty days written notice of intent to cancel or terminate. May 13,2008 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 6 of 13 Special Provisions&Certified Assurances must remain attached to the application 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: The Division may terminate the grant for cause without compensation for termination costs. ii. If the state terminates the grant for cause, it will first give ten (10) days written notice to the Subgrantee Agency, stating the reasons for termination, steps taken to correct the problems, and the date the subgrant will be terminated in the event problems have not been corrected to the satisfaction of the Division. iii. In the event this grant is terminated for cause, the Division will only reimburse the Subgrantee Agency for acceptable work or deliverables received up to the date of termination. iv. In the event this grant is terminated for cause, final payment to the Subgrantee Agency may be withheld at the discretion of the Division until completion of final Division review. d. Any equipment purchased under this grant would revert, at the option of the Division, to the Division of Criminal Justice upon termination of the grant for any of the above reasons. 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. FEDERAL CERTIFIED ASSURANCES 1. FEDERAL PUBLIC POLICY ASSURANCES a. The Subgrantee Agency hereby agrees that it will comply, and all of its contractors will comply with the applicable provisions of: 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; 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: Part 18,Administrative Review Procedure; ii. Part 22, Confidentiality of Identifiable Research and Statistical Information; iv. Part 23, Criminal Intelligence Systems Operating Policies; v. Part 30, Intergovernmental Review of Department of Justice Programs and Activities; vi. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; vii. Part 38, Equal Treatment for Faith Based Organizations vi. Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedure; vii. Part 61, Procedures of Implementing the National Environmental Policy Act; viii. Part 63, Floodplain Management and Wetland Protection Procedures;and, ix. Federal Laws or regulations applicable to Federal Assistance Programs. 2. FINANCIAL&ADMINISTRATIVE MANAGEMENT a. The Subgrantee Agency assures that it will comply with appropriate federal cost principles and administrative requirements applicable to grants as follows: For state, local or Indian tribal government entities; a) OMB Circular A-87, Cost Principles for State, Local&Indian Tribal Governments May 13,2008 • SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 7 of 13 Special Provisions& Certified Assurances must remain attached to the application b) OMB Circular A-102, Common Rule-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments c) 28 CFR 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments H. For non-profit organizations; a) 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 c) 28 CFR 70, Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and other Non-Pm fit 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 Govemments and Nonprofit Organizations b. The Subgrantee Agency 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 Agency 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 Agency 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 Agency certifies that federal funds made available under this grant: Will not be used to supplant state or local funds; ii. That the Subgrantee Agency'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(3b.ii)cannot be made, and there is a reduced or unchanged local investment,then the Subgrantee Agency shall give a written explanation demonstrating that the Subgrantee Agency's reduced or unchanged commitment would have been necessitated even if federal financial support under this federal grant program had not been made available. 4. PROHIBITIONS ON LOBBYING WITH FEDERAL FUNDS (Subgrantee Agencies receiving $100,000 or more in total federal funds per year. See 28 CFR Part 69.) The prospective Subgrantee Agency certifies, by submission of this proposal,that: a. No federal funds received through this subgrant will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension,continuation, renewal,amendment,or modification of any federal grantor cooperative agreement; and, b. If any funds other than funds through this subgrant will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this subgrant, the prospective Subgrantee Agency shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." 5. CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (Subgrantee Agencies receiving$100,000 or more in total federal funds per year. See, 28 CFR Part 67.) May 13,2008 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 8 of 13 Special Provisions 8 Certified Assurances must remain attached to the application The prospective Subgrantee Agency certifies, by submission of this proposal,that neither it nor its principals, subcontractors or suppliers: a. Are presently debarred,suspended, proposed for debarment,declared ineligible,sentenced to a denial of Federal benefits by a State or Federal court,or voluntarily excluded from participation in this transaction by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal, State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph(5)(b)of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State,or local)terminated for cause or default; and e. Where the prospective Subgrantee Agency is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 6. CERTIFICATION REGARDING DRUG FREE WORKPLACE(See, 28 CFR Part 67, Subpart F.) The prospective Subgrantee Agency certifies, by submission of this proposal, that it will comply with the Drug Free Workplace Act of 1988, as implemented at 28 CFR Part 67, Subpart F. 7. CIVIL RIGHTS COMPLIANCE (See, 28 CFR Part C) a. Upon award, each Subgrantee Agency will be provided DCJ's Form 30, entitled "Certification of Compliance with Regulations Regarding Federal Civil Rights Requirements and Equal Employment Opportunity Plans(EEOP)",and will be required to do the following: The Project Director must submit the form to the Subgrantee Agency's Authorized Official for this grant; ii. The Authorized Official must review the form in conjunction with subgrant agency personnel responsible for reporting civil rights findings of discrimination; 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 Subgrantee 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 Agency agrees to assist the Division of Criminal Justice and the Office of Justice Programs, U.S. Department of Justice, in complying with the National Environmental Policy Act,the National Historic Preservation Act(NHPA)and other related federal environmental impact analyses requirements in the use of these grant funds either directly by the Subgrantee Agency or by a subcontractor.As long as the activity needs to be undertaken in order to use these grant funds,this NEPA requirement first must be met whether or not the activities listed below are being specifically funded with these grant funds.The activities covered by this special condition are: New construction; H. 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; May 13,2008 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 9 of 13 Special Provisions& Codified Assurances must remain attached to the application Hi. 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. iv. 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 Agency acknowledges that it is a covered health care provider under the Health Insurance Portability and Accountability Act,42 U.S.C. 1320d-1320d-8, and its implementing regulations and agrees to comply with the requirements of HIPAA concerning any uses and disclosures of protected health information. 11. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITIONS ACT OF 1970 (Government Entities Only) The prospective Subgrantee Agency certifies,by submission of this proposal,that it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970,which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 12. POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES (5 U.S.C. §§ 1501-08 and§§ 7324-28—applies to Government Entities Only) The prospective Subgrantee Agency 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. D. SUBRECIPIENT ORGANIZATION ELIGIBILITY REQUIREMENTS VOCA establishes eligibility criteria that must be met by all organizations that receive VOCA funds. These funds are to be awarded to subrecipients only for providing services to victims of crime through their staff. Each subrecipient organization shall meet the following requirements. 1. PUBLIC OR NONPROFIT ORGANIZATION To be eligible to receive VOCA funds, organizations must be operated by a public or nonprofit organization, or a combination of such organizations, and provide services to crime victims. 2. RECORD OF EFFECTIVE SERVICES Demonstrate a record of providing effective services to crime victims. This includes having the support and approval of its services by the community, a history of providing direct services in a cost-effective manner, and financial support from other sources. 3. NEW PROGRAMS Those programs that have not yet demonstrated a record of providing services may be eligible to receive VOCA funding, if they can demonstrate that 25-50 percent of their financial support comes from non-federal sources. It is important that organizations have a variety of funding sources besides federal funding in order to ensure their financial stability. States are responsible for establishing the base level of non-federal support required within the 25-50 percent range. 4. PROGRAM MATCH REQUIREMENTS The purpose of matching contributions is to increase the amount of resources available to the projects supported by grant funds. Matching contributions of 20% (cash or in-kind) of the total cost of each VOCA project(VOCA grant plus match) are required for each VOCA-funded project and must be derived from non- federal sources, except as provided in the OJP Financial Guide, effective edition (Part III. Post Award Requirements, Chapter 3. Matching or Cost Sharing). All funds designated as match are restricted to the same uses as the VOCA victim assistance funds and must be expended within the grant period. Match must be provided on a project-by-project basis. Any deviation from this policy must be approved by OVC. For the purposes of this program, in-kind match may include donations of expendable equipment, office supplies, workshop or classroom materials, work space, or the monetary value of time contributed by professionals and technical personnel and other skilled and unskilled labor, if the services they provide are an integral and necessary part of a funded project. The value placed on donated services must be May 13,2008 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 10 of 13 Special Provisions&Certified Assurances must remain attached to the application consistent with the rate of compensation paid for similar work in the subrecipient's organization. If the required skills are not found in the subrecipient's organization, the rate of compensation must be consistent with the labor market. In either case, fringe benefits may be included in the valuation. The value placed on loaned or donated equipment may not exceed its fair market value. The value of donated space may not exceed the fair rental value of comparable space as established by an independent appraisal of comparable space and facilities in privately owned buildings in the same locality. a. Record Keeping. VOCA recipients and their subrecipients must maintain records that clearly show the source, the amount, and the period during which the match was allocated. The basis for determining the value of personal services, materials, equipment, and space must be documented. Volunteer services must be documented, and to the extent feasible, supported by the same methods used by the subrecipient for its own paid employees. The state has primary responsibility for subrecipient compliance with the requirements. State grantees are encouraged not to require excessive amounts of match. b. Exceptions to the 20%match: OVC sets lower match requirements for: Native American Tribes/Organizations Located on Reservations. The match for new or existing VOCA subrecipients that are Native American tribes/organizations located on reservations is 5% (cash or in-kind) of the total VOCA project. For the purpose of this grant, a Native American tribe/organization is defined as any tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the U.S. to Native Americans because of their status as Native Americans. A reservation is defined as a tract of land set aside for use of,and occupancy by, Native Americans. ii. The U.S. Virgin Islands, and all other territories and possessions of the U.S., except Puerto Rico,are not required to match VOCA funds. See 48 U.S.C. 1469a(d). OVC may waive the match requirement if extraordinary need is documented by State VOCA administrators. 5. VOLUNTEERS Subrecipient organizations must use volunteers unless the state grantee determines there is a compelling reason to waive this requirement. A "compelling reason" may be a statutory or contractual provision concerning liability or confidentiality of counselor/victim information, which bars using volunteers for certain positions,or the inability to recruit and maintain volunteers after a sustained and aggressive effort. 6. PROMOTE COMMUNITY EFFORTS TO AID CRIME VICTIMS Promote, within the community, coordinated public and private efforts to aid crime victims. Coordination may include, but is not limited to, serving on state, federal, local, or Native American task forces, commissions, working groups, coalitions, and/or multi-disciplinary teams. Coordination efforts also include developing written agreements that contribute to better and more comprehensive services to crime victims. Coordination efforts qualify an organization to receive VOCA victim assistance funds, but are not activities that can be supported with VOCA funds. 7. HELP VICTIMS APPLY FOR COMPENSATION BENEFITS Such assistance may include identifying and notifying crime victims of the availability of compensation, assisting them with application forms and procedures, obtaining necessary documentation, and/or checking on claim status. 8. COMPLY WITH FEDERAL RULES REGULATING GRANTS Subrecipients must comply with the applicable provisions of VOCA, the Program Guidelines, and the requirements of the OJP Financial Guide, effective edition, which includes maintaining appropriate programmatic and financial records that fully disclose the amount and disposition of VOCA funds received. This includes:financial documentation for disbursements; daily time and attendance records specifying time devoted to allowable VOCA victim services; client files; the portion of the project supplied by other sources of revenue;job descriptions;contracts for services;and other records which facilitate an effective audit. 9. MAINTAIN CIVIL RIGHTS INFORMATION Maintain statutorily required civil rights statistics on victims served by race, national origin, sex, age, and disability, within the timetable established by the state grantee; and permit reasonable access to its books, documents, papers, and records to determine whether the subrecipient is complying with applicable civil rights laws. This requirement is waived when providing a service, such as telephone counseling, where soliciting the information may be in appropriate or offensive to the crime victim. May 13,2008 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 11 of 13 Special Provisions&Certified Assurances must remain attached to the application 10. COMPLY WITH STATE CRITERIA Subrecipients must abide by any additional eligibility or service criteria as established by the state grantee including submitting statistical and programmatic information on the use and impact of VOCA funds, as requested by the grantee. - 11. SERVICES TO VICTIMS OF FEDERAL CRIMES Subrecipients must provide services to victims of federal crimes on the same basis as victims of state/local crimes. 12. NO CHARGE TO VICTIMS FOR VOCA-FUNDED SERVICES Subrecipients must provide services to crime victims, at no charge, through the VOCA-funded project. Any deviation from this provision requires prior approval by the state grantee. Prior to authorizing subrecipients to generate income, OVC strongly encourages administrators to carefully weigh the following considerations regarding federal funds generating income for subrecipient organizations. a. The purpose of the VOCA victim assistance grant program is to provide services to all crime victims regardless of their ability to pay for services rendered or availability of insurance or other third-party payment resources. Crime victims suffer tremendous emotional, physical, and financial losses. It was never the intent of VOCA to exacerbate the impact of the crime by asking the victim to pay for services. b. State grantees must ensure that they and their subrecipients have the capability to track program income in accordance with federal financial accounting requirements. All VOCA-funded program and match income,no matter how large or small,is restricted to the same uses as the VOCA grant. Program income can be problematic because of the required tracking systems needed to monitor VOCA-funded income and ensure that it is used only to make additional services available to crime victims. For example: VOCA often funds only a portion of a counselor's time. Accounting for VOCA program income generated by this counselor is complicated, involving careful record keeping by the counselor,the subrecipient program,and the state. 13. CLIENT—COUNSELOR CONFIDENTIALITY Maintain confidentiality of client-counselor information,as required by state and federal law. 14. CONFIDENTIALITY OF RESEARCH INFORMATION Except as otherwise provided by federal law, no recipient of monies under VOCA shall use or reveal any research or statistical information furnished under this program by any person and identifiable to any specific private person for any purpose other than the purpose for which such information was obtained in accordance with VOCA. Such information, and any copy of such information, shall be immune from legal process and shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceeding. See Section 1407(d)of VOCA codified at 42 U.S.C. 10604. These provisions are intended, among other things, to ensure the confidentiality of information provided by crime victims to counselors working for victim services programs receiving VOCA funds. Whatever the scope of application given this provision, it is clear that there is nothing in VOCA or its legislative history to indicate that Congress intended to override or repeal, in effect, a state's existing law governing the disclosure of information which is supportive of VOCA's fundamental goal of helping crime victims. For example, this provision would not act to override or repeal, in effect, a state's existing law pertaining to the mandatory reporting of suspected child abuse. (See Pennhurst School and Hospital v. Halderman, et al., 451 U.S. 1 (1981).) Furthermore, this confidentiality provision should not be interpreted to thwart the legitimate informational needs of public agencies. For example,this provision does not prohibit a domestic violence shelter from acknowledging, in response to an inquiry by a law enforcement agency conducting a missing person investigation, that the person is safe in the shelter. Similarly, this provision does not prohibit access to a victim service project by a federal or state agency seeking to determine whether federal and state funds are being utilized in accordance with funding agreements. E. PROGRAM SPECIFIC REQUIREMENTS The following program specific requirements are imposed by the State sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements which must be passed on to May 13,2008 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 12 of 13 Special Provisions& Certified Assurances must remain attached to the application subgrant award recipients. These requirements are more likely to change from year-to-year than the special provisions and federal certified assurances shown above,and usually vary across offices within the Division. 1. FUTURE FUNDING The capacity for VOCA funds to provide future continuation dollars for projects is undetermined at this time. Subgrantee Agencies are advised to seek other funding sources,especially for personnel dollars. 2. STATE CONFIDENTIALITY OF VICTIMS INFORMATION The Subgrantee Agency certifies that the signing authorities,all staff and volunteers assigned to the VOCA- funded project have read and understood, state laws and applicable rules of professional conduct related to issues of confidentiality and privilege, particularly with respect to releasing identifying information about victims of crime, including, but not limited to, those found in C.R.S. §13-90-107. May 13,2008 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES SPCA PAGE 13 of 13 Special Provisions& Certified Assurances must remain attached to the application SIGNATURE PAGE ->->-> TO BE COMPLETED BY ALL APPLICANTS (ORIGINAL SIGNATURES REQUIRED-Please sign in BLUE ink. See instructions for description of proper signatories.) The Subgrantee Agency and responsible signatories certify by signing that they have read the Application including the Special Provisions and Certified Assurances, and are fully cognizant of their duties and responsibilities for this project. The Subgrantee Agency understands and agrees that any subgrant award received as a result of this application shall incorporate by reference the information contained herein. Responsibility for narrative and fiscal reporting requirements are delegated to the designated Project Director, who will sign all such reports. This delegation is for purposes of reporting to the Division and for operational ease, and in no way limits the authority and responsibility of the Authorized Official. In accordance with the Colorado Revised Statutes 24-72-202.6, information supplied in this application is considered a public record. AUTHORIZED OFFICIAL Name William H.Jerke Position Board Chair Agency Board of County Commissioners,Weld County Mailing Address PO Box 758 City, State,Zip Greeley,Co 80632 Telephone# 970 336-7204 ext 4200 Fax# 970 352-0242 E-mail Address bjerkeco.weld.co.us Signature. _ ,,,` Date ri—vI, e" 11/O3/2OO8, FINANCIAL OFFICER Name Barbara Connolly Position Contoller Agency Weld County Government Mailing Address PO Box 758 City, State,Zip Greeley,Co 80632 Telephone# 970 356-4000 ext 4218 Fax# 970 352-0242 E-mail Address bconnolly@co.weld.co.us • Signature ,� o x Date L .adeat _ cz2u; . , 11 /03(2008 PROJECT DIRECTOR^— Name JoAnn Holden Position Director of Victim Services,Weld County District Attorney's Office Agency Weld County District Attorney's Office Mailing Address PO Box 1167 City, State,Zip Greeley,Co9 80632 Telephone# 970 356-4010 X4747 Fax# 970 352-8023 E-mail Address jholden@co.weld.co.us • Signature ' k f * •'�ttn Date May 13,2008 r26J Hello