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HomeMy WebLinkAbout20082667.tiff RESOLUTION RE: APPROVE AMENDED STATEMENT OF GRANT AWARD FOR THE JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Amended Statement of Grant Award for the Juvenile Diversion Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, and the Colorado Division of Criminal Justice, commencing July 1, 2008, and ending June 30, 2009, with further terms and conditions being as stated in said amended grant award, and WHEREAS, after review, the Board deems it advisable to approve said amended grant award, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Amended Statement of Grant Award for the Juvenile Diversion Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, 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 amended grant award. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 6th day of October, A.D., 2008, nunc pro tunc July 1, 2008. BOARD OF COUNTY COMMISSIONERS /I! I . /_ /� ELD COUNTY, COLORADO ATTEST: �etT .rp �ll,, ,y ,. � �-' 4L�G�•/ O`t ti iam H. Jerke, Chair Weld ounty Clerk to the B • ICUSED j obert M s ro-Tem BY: Dept Cler the Board Willi. Garcia r`� APP AS • (-4,1 6`-'� David E. Long my A rney i ply Douglas Rademach Date of signature: 2008-2667 DA0021 C / C ( 0-1) 5) l0 /s o� C: o S Division of Criminal Justice Jeanne M.Smith,Director 700 Kipling Street Suite 3000 COLORADO Denver,CO 80215-5865 (303)239-4442 DEPARTMENT FAX(303)239-4491 OF PUBLIC SAFETY September 29, 2008 Ms. Kirsta Britton Weld County District Attorney's Office PO Box 1167 Greeley, CO 80632 Re: Grant#29-DV-19-05 19th Judicial District, Weld County: Juvenile Diversion Program Ms. Britton: As requested your award of$116,743 has been reduced by$52,809. To formally reduce your grant an amended Statement of Grant Award (SOGA) needs to be completed. Attached is the Amended SOGA for$63,934 state award and $21,311 in cash match for a total of$85,245. The SOGA needs to be signed by your Authorized Official, William H. Jerke, and returned to DCJ. After we have obtained all of the required signatures, the white Bill Ritter,Jr. copy of the SOGA and a copy of the application will be returned to you. GOVERNOR Peter A.Weir EXECUTIVE DIRECTOR Please revise your budget pages and narrative for the new award amount of$63,934 Colorado State and return with your SOGA. Finally, if the reduction in your award will change the Patrol number of youth you will able to serve or the services you will be able to provide, you Colorado Bureau of Investigation will need to revise your goals and objectives. Division of Criminal Justice Office of Preparedness, If you have any questions contact me at Michele.loveioy(a�cdps.state.co.us or (303) Security,and Fire Safety 239-5712. Sincerely, • Michele o LovejY DCJ Grants Planning Specialist S. Home Page: http://dcj.state.co.us 2008-2667 E-Mail: Jeanne.smith@cdps.state.co.us �� c .a COLORADO DIVISION OF CRIMINAL JUSTICE ° STATEMENT OF GRANT AWARD (SOGA) \' 7gys , JUVENILE DIVERSION PROGRAM 2008 - 2009 State Funds `d 4u.'a.,dYI6.rldLtM2SI6.14�4dSS.YI,M.E4GS m.-:_,., , :o' '.v di,..H:ifRida2ffililaeT', 3P ms nia.,4�e�sasia+r�i,e...-v._n�:riF. �•••"'•••'".••_•i:,etciiE•••• •de6a.�t AMENDED Subgrantee Agency Name: Weld County Project Director: Ms. Kirsta Britton Project Director Address: District Attorney's Office PO Box 1167 Greeley, CO 80632 Grant Number 29-DV-19-05 Project Title: 19th Judicial District, Weld Co: Juvenile Diversion Grant Period: July 1, 2008 to June 30, 2009 Date Issued: September 29, 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 Award Budget Category Cash Match In-Kind Match State Juvenile Total Diversion Personnel 60,934.00 21,311.00 0.00 $ 82,245.00 Supplies&Operating 2,000.00 0.00 0.00 $ 2,000.00 Travel 500.00 0.00 0.00 $ 500.00 *Equipment 0.00 0.00 0.00 $ 0.00 Contracted/Professional Services 500.00 0.00 0.00 $ 500.00 TOTAL AWARD AMOUNT $ 63,934.00 $ 21,311.00 $ 0.00 $ 85,245.00 * Purchase of equipment requires prior completion and approval of DCJ Form 13. *Professional services require prior completion and approval of DCJ Form 16. SPECIAL CONDITIONS: 1. Version 01/07 Page 1 of 3 Statement of Grant Award (SOGA) INSTRUCTIONS 1. Grant activities must be based on the approved budget shown on page one of this Statement of Grant Award, and the approved detailed budget(s)within the attached application, which supersedes any earlier budget request submitted, and which may be different from the budget originally submitted in your application. The subgrantee 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, and signatures of persons authorized to sign on behalf of the Subgrantee Agency on each part of the two-part document 4. Review carefully the current applicable Administrative Guide of the Division of Criminal Justice for this grant program, that includes procedures regarding this document, draw-down of grant funds, reporting requirements and requesting grant modifications. 5. This grant award shall be effective upon the final approval by the State Controller or designee. No payment shall be made pursuant to the grant prior to State Controller approval. 6. This grant award may be voided in whole without further cause if it is not signed by the subgrantee's Authorized Official and returned to the Division of Criminal Justice within 45 days of the date of issuance. 7. The signature of the Authorized Official below should be the same as the one on the grant application. The subgrantee must promptly notify the Division of Criminal Justice of any changes in the Authorized Official, Project Director, or Financial Officer, by completing and submitting DCJ Form 4-B. (If changes have already occurred, submit completed DCJ Form 4-B with this document). 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 the DCJ quarterly narrative and financial reporting forms, which are provided with this SOGA. 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 Adult and Juvenile Justice Assistance, 700 Kipling Street, Suite 1000, Denver, CO 80215. After other required signatures are obtained, the white SOGA copy with approved application will be returned to your Project Director. Version 01/07 Page 2 of 3 Statement of Grant Award (SOGA) THE PARTIES HERETO HAVE EXECUTED THIS BINDING SUBGRANT AWARD SUBGRANTEE: STATE OF COLORADO: Weld County, Colorado BILL RITTER, JR., GOVERNOR Legal Name of Sub grantee Agency • BY et.v(4 BY aaee g SIGNATURE of Authorized Official IRECTOR Col r do ision of Criminal Justice William H. Jerke, Chair JEANNE M. SMITH Print Name & Title of Authorized Official Print Name & Title of DIRECTOR Date Signed: October 6, 2008 Date Signed: /4— c7 Provide signature of Corporate/Board Secretary or equivalent,or Town/City/County Clerk,to certify that ATTEST BY: ega,autho ry s/ntetrob°a megiali a olvee.h'tra<ison STATE OF COLORADO LEGAL REVIEW: behalf oftl•' •...d' , fact he person who See Contract Routing Waiver# 169 signed P c8 . 1' IJrA! ::‘,114.,,z4.,. J� +, (or, if not waived) Lirt1iflur.�% �,.:; ,.J, 'TO 06/2008 John Suthers , ATTORNEY GENERAL Signature Clerk t. th bc({'jd ) rate din �_ _�I ► r_ 97P-356-4000 BY: Title Depu Clerk to ti-4 1}oafd Phone PLACE AGENCY SEAL HERE Date Signed: Or Indicate No Seal Available 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 the State Controller, or such assistant as he may delegate, has signed it. 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 s LN.i DATE Cr 1 Cr k Version 01/07 a; „p_at;to Page 3 of 3 ori�inu� COLOL,aDO DIVISION OF CRIMINA1 JUSTICE 117) 1STATE JUVENILE DIVERSION VV APPLICATIO �p SECTION I - APPLICANT IN A O �//)) (� STATE USE ONLY App # /^"J-N-1 /-66 Grant#: APPLICANT AGENCY: Weld County District Attorney's Office Address Post Office Box 1167 City, ZIP Greeley,CO 80632 Project Director Kimberly Kinne E-mail kkinne(Mco.weld.co.us Telephone (970)356-4010 x4775 FAX (970)392-4572 Federal Employer ID Number 8 4 6 0 0 0 8 I 3 YEAR 1 STATE FUNDS REQUESTED: $116,743 TOTAL MATCH:$43,154 TOTAL: $159,897 YEAR 2 STATE FUNDS REQUESTED: $116,743 TOTAL MATCH:$43,154 TOTAL: $159,897 YEAR 3 STATE FUNDS REQUESTED: $116,743 TOTAL MATCH:$43,154 TOTAL: $159,897 TYPE OF AGENCY: (check one) ['State ❑City/Town ®County ['Indian Tribe ❑Private Non-Profit ❑Faith-Based Non-Profit ❑ Other FUNCTION OF ❑ Law Enforcement ❑ Probation ® Prosecution AGENCY: ❑ Courts ❑ Social Services ❑ Youth Services ❑ Public Defense ❑ Education ❑ Treatment/Mental Health ❑ Treatment/Substance Abuse ❑ Other Describe: TYPE OF APPLICATION New: Continuation: ❑ Start a new project ® Continue a project currently receiving State funds ❑ Expand or enhance an existing project not ❑ Expand/enhance an existing project receiving State funds Previously state-funded FOR CONTINUATION APPLICATIONS,LIST UP TO THREE YEARS OF PRIOR STATE FUNDING IN THE TABLE BELOW. GRANT NUMBER STATE FUNDS DURATION 28-DV-19-05 $93,619 7/1/2007-6/30/2008 27-DV-19-05 $74,760 10/1/2006-6/302007 PROJECT TITLE: 191h Judicial District, Weld County: Juvenile Diversion Program PROJECT DURATION: From 7/1/2008 To 6/30/2009 PROJECT ABSTRACT(Limit to space provided): The Weld County District Attorney's Juvenile Diversion Program will be working to divert first-time, non-violent juvenile offenders from the traditional court system into a restorative justice based program to address the juvenile's needs and community safety; repairing the harm caused and encouraging their future endeavors. PROJECT WILL BE USING EVIDENCE-BASED PROGRAMS OR ACTIVITIES: ®Yes ❑No SERVICE AREA: U. S. Congressional District(s): ❑I O2 O3 ®4 ❑5 O6 ❑7 ['Statewide Judicial District(s)(Identify by District Number): I9'"Judicial District Cities and Counties to be served: Weld County including Greeley, Evans, Windsor, Fort Lupton, etc. IS THE JURISDICTION(S) TO BE SERVED IN COMPLIANCE WITH THE DCJ USE ONLY-Jurisdiction JJDP ACT? ' Yes ❑No ❑ No, but working with DCJ Compliance Monitor. Compliant w' 2008-0402 2008-09 State Juvenile Diversion Application 11-07 SECTION II - PROJECT SUMMARY I. PROBLEM IDENTIFICATION (Limit 1 page) The 19th Judicial District has had an increase in juvenile delinquency filings over the last year as compared to the number filed in 2006. In comparing data provided by the State Court Administrators Office and the Office of Probation Services, this ranks the 19th Judicial District fifth in the State of Colorado behind the 18th (Arapahoe/Douglas/Elbert/Lincoln Counties). 4th(El Paso/Elbert Counties), 2"d (Denver Juvenile), and Is` (Jefferson/Gilpin Counties) Judicial Districts for the number of delinquency filings for FY 2007. (18th: 2167, 4": 1903, 2n': 1804, 1s`: 1419, and 19th: 1090) The Probation Departments had a similar breakdown of new probation clients for FY2007. (18th: 994, 2": 753, 1": 664, 17th-Adams/Broomfield: 573, and 19th: 556) According to the Colorado Department of Education, Weld County has a total of 35, 648 students attending schools within its geographical boundaries. One of the risk factors for delinquency is truancy; according to data from the State Court Administrators Office, the 19th Judicial District was ranked 3`d (372) in the State for truancy filings within the court system behind the 1st (495) and 2nd (476) Judicial Districts. Interestingly the overall student population for these districts total 86,549 (1")and 73,053 (2n°) students which is double the student population within this district. Other student populations for comparison purposes: 4th (108,660), 18th (163,715), and 17th (75,780). In addition to truancy, another risk factor for delinquency is related to household income. Per the Colorado Department of Education, 42.41% of the students in Weld County qualify for the free or reduced lunch program. For comparison purposes, Arapahoe (33.47%), El Paso (29.76%), Jefferson (24.94%), and Adams(41.48%) have fewer students that qualify. The demographical breakdowns of the juvenile population to be served by the diversion program include juvenile's ages 10-17 based on prosecution eligibility. From September 2005 through December 2007, the diversion program has supervised 149 (45%) females and 180 (55%) males in the delinquency program. The ethnic breakdowns of the juveniles participating in both programs are as follows based on self-report: 194 (59%) White/non-Hispanic, 119 (36%) Hispanic, 20 (6%) Bi-Racial, 2 African American and 3 American Indian. The gender and ethnic numbers are in contrast with the numbers reported by the State of Colorado, specifically for the Weld County Probation Department; of their"new clients" in FY2007 93% were Caucasian, 7% were Hispanic; 28% were female and 72% were male. The totals for the students registered in the Weld County School Districts are as follows: 19,615 (55%) White/non-Hispanic, 15,051 (42%) Hispanic, 365 (1%) Asian/Pacific Islanders, 374 (1%) African Americans, and 243 (<1%) American Indians; 17,236 (48%) females and 18,412 (52%) males. The diversion numbers more align with the total school districts populations. As the numbers indicate, Weld County has an alarming number of juvenile delinquency and truancy filings within the court system in comparison to the much larger judicial districts that have been mentioned above. Since September 2005, the diversion program has provided case management for 329 juveniles between the ages of 10-17 facing their first non-violent criminal offense allowing the focus of the formal criminal justice agencies to remain on juveniles at greater risk of committing further criminal offenses against the community. The diversion program should continue to lower the number of minimum risk juveniles prosecuted by the District Attorney's Office, sentenced by the Magistrate, and supervised by the Probation Department. Supervision of the juveniles in the diversion program prevents labeling them as delinquents, allows them to repair the harm caused to the community, and focus on their future rather than on their past behavior. 2008-09 State Juvenile Diversion Application I I-07 -2- 2. PROJECT DESCRIP'I.JN (Limit 2 pages) The Weld County District Attorney's Diversion program has been diverting first-time juvenile offenders from the traditional court system since August 2005. The basic premise of the program is to address the criminal behavior in a timely and restorative manner to prevent the juveniles from future criminal/delinquent behavior and further penetrating the criminal justice system. The program is not implementing an exact replica of an existing program; however, the Model Programs Guide (MPG) recommended basic case management and restorative justice principles for this population. We have been using these principles since the implementation of the program. Local law enforcement agencies refer cases to the Chief Deputy District Attorney for a filing decision, the case is reviewed for legal sufficiency for prosecution, based on non-violent charges and the offense being the first for the juvenile, the case is given to the Diversion Director for assignment and scheduling of an intake interview with the Case Manager. Usually, this is done pre-filing; however, on occasion cases have been referred following an initial court appearance. Upon intake, criteria for acceptance includes the juvenile's level of responsibility for their behavior, issues with the juvenile that prevent the diversion program from being the appropriate agency to address them, level of parental involvement, attitude and an absence of active gang affiliation. If accepted into the program, individualized contracts (agreements) are developed. The 90-day agreements include balanced and restorative sanctions to hold the juvenile accountable for their behavior, reconnect them with their community, address their mental health and/or substance abuse issues, and encourage their future aspirations toward positive outcomes. Extensions of the 90-day agreements are granted as needed. Successful completion of the agreements are determined by the juvenile having provided proof that the conditions have been complied with during the expected time frames with no new law violations resulting in a delinquency filing. All of the agreements will include community service, required school attendance, and restitution if requested. In addition, following an initial screening substance abuse and/or mental health treatment, family counseling/therapy, anger management, and parenting courses may be required. (The MAYSI-2 is available to the diversion program for use should the juvenile be guarded or additional screening/follow up assessment is indicated.) The juveniles and their parents/guardians are referred to outside community agencies for therapeutic services. In our current program we have discovered a need to educate the parents on the importance and obligation for school attendance, specifically among our Hispanic/Latino population. Based on the parent's own experiences with school, an education was a privilege after a certain grade or an emphasis has not been placed on the importance of graduating from high school, little encouragement has been given to the students to attend. Assigning projects to the students to explore the importance of an education for their future endeavors are given as a"sanction" in the program. The diversion program provides an educational class to the juvenile participants that are attending high school; parents are encouraged to attend with their child. Issues discussed include communication skills, peer pressure, substance use, suicide education/prevention, anger management, "normal" teenage emotions, victim empathy, healthy non-violent relationships, and life skills such as budgeting and employment/interviewing skills. In addition, we have developed a Restorative Justice based Shoplifting Conference, currently being facilitated by our Tracker/Case Manager. This Conference is held on a monthly basis with the juveniles in the diversion program that have committed a shoplifting offense, their parents/guardians, and a local retail representative(s)to address the harm caused by their behavior. To date, only 2 out of the estimated 120 juveniles that have attended the conference have committed new law violations; however, only one was for another shoplifting offense. The Tracker/Case Manager has also facilitated other Restorative Justice Conferences when appropriate, with the offenders participating in diversion and the victims of their behavior. 2008-09 State Juvenile Diversion Application 11-07 -3 - If the juvenile fails to comply with the agreement due to new criminal activity or do not complete the requirements, the case is returned to the Deputy District Attorney for the filing of formal charges. As a matter of graduated sanctions, the juveniles are now required to proceed through the court process and face the consequences of their initial criminal behavior and the issue of non-compliance with the diversion program. The Director and Case Manager provide case management; maintain records, supervision, and monitoring for compliance with the agreements. In addition, the Director is responsible for the collection and reporting of data. As the diversion program expands and issues arise, modifications to supervision or classes will be made. The areas of delinquency diversion are continually being studied, the Director routinely looks for updated information regarding how to improve the program for the juveniles in the community and provide a positive experience while holding the juveniles accountable for their criminal behavior. The bottom-line is prevention, preventing this identified group of juveniles from entering further into the criminal justice system. 2008-09 State Juvenile Diversion Application 11-07 -4 - 3. POPULATION TO BE SERVED (Limit 1/2 page) Based on the demographic data from the last two years since the diversion programs implementation, the gender and ethnic backgrounds of the participants have remained stable and consistent with the demographics from the Colorado Department of Education specific to Weld County. The numbers estimated below for the juveniles to be served by this grant award are consistent with the overall demographics for the County. Number of Juveniles Targeted to be Served White Black Hispanic Asian/Pacific Native Other/ Total Islander American Unknown Males 42 33 3 78 +/- Females 40 30 2 72+/- Total 82 63 5 150 Percent of Total to be Served with Limited English Proficiency: 25% There has been an increasing need for the current Spanish-Speaking interpreter to translate for appointments, phone calls, and paperwork for both the juveniles and their parents or guardians. The grant request for the interpreter up to 20 hours a week will accommodate this increased need and expanded job responsibilities. So far, the program has not needed to create gender specific programming; however, coordination with other community programs that offer specific trainings/classes geared toward gender specific issues are utilized. As the caseload increases and gender specific issues become more prevalent, training will be sought and additional programming implemented to meet the needs. Training regarding cultural sensitivity has been provided and attended by two of the staff members; this training will be sought for the additional staff members and will continue for all employees as needed. 2008-09 State Juvenile Diversion Application 11-07 -5 - 4. APPLICANT AGENCY CAPACITY (Limit 'A page) The mission of the diversion program is to divert non-violent, first-time juvenile offenders from the traditional court system. The program has diverted 329 juveniles from the traditional court system since September 2005. The program "employs" the Director, a Case Manager, and a Tracker. The Tracker works part-time for the diversion program to facilitate the Restorative Justice programming and assists in teaching the life skills class offered by the program. The Director earned Bachelors Degrees in Human Development and Family Studies with an emphasis in Adolescence (BS) and Business Administration (BA), her professional history includes employment with the State of Colorado and the United States Government as a probation and parole officer from 1993 to 2005 until she was hired by the District Attorney to implement this program. The Case Manager has a Bachelors Degree in Human Development and Family Studies with an emphasis in Youth and Families (BS), her professional career has included employment by the Sate of Colorado as a probation officer and as a counselor/case manager with a residential treatment facility for juvenile substance abusers. The Tracker has a Bachelors Degree in Sociology (BA), his professional career has included employment with a residential treatment center. He has volunteered with the University of Colorado and Longmont's Restorative Justice Programs for several years and has facilitated numerous conferences. Currently, the Juvenile Assessment Center and the Multi-Disciplinary Youth Assessment Team(MYAT) are providing assessments and referrals to non-adjudicated and truant juveniles in the community; however, of the juveniles that were accepted into the diversion program less than 10% have been screened by these programs. The District Attorney's Office has the authority to divert a criminal case from the traditional court system; however, these other agencies do not have this authority. Based on the numbers and purpose, the diversion program is not duplicating services with these other agencies. As requested see the organizational chart and job descriptions for the diversion program in Section IX, number 1 and 2. 2008-09 State Juvenile Diversion Application 11-07 -6 - • 5. COMMUNITY COLLABORATION & SUPPORT (Limit 1/2 page) Based on our community size and structure, the diversion program is working and/or attending meetings with the following local agencies: SB94, HB1451, the 19th Judicial District Probation Department, the Weld County Department of Social Services, the Juvenile Assessment Center, the Department of Employment Services, local School Districts, local law enforcement agencies, the City of Greeley's Youth Enrichment Office, Suicide Education and Support Services, local mental health and substance abuse treatment agencies, the Girl Scouts of America, the Boys and Girls Clubs, and any other agency available to address the needs or issues with the juvenile and their family. Specifically, the diversion program is working with the City of Greeley's Youth Enrichment Office. The juveniles can take advantage of city programming which includes the activities offered through the recreation department such as tutoring, locations for the neutral setting needed for the restorative justice conferences and study halls as well as a community service site for their diversion agreements. The Juvenile Assessment Center has collaborative programming offered at the Center specifically, substance abuse and anger management classes for juveniles. The juveniles participating in the diversion program can participate in this programming. The Girl Scouts of America have arranged to provide classes to the females participating in the diversion program on a weekly basis beginning in the Spring of 2008. Depending on availability these classes will continue throughout the grant period. The Department of Employment Services has worked with a number of our program participants and will continue to receive referrals for juveniles looking to achieve their GED and employment assistance. In addition, the parents/guardians have been referred to address their own educational and employment needs. See attached letters of support below this section. 2008-09 State Juvenile Diversion Application 11-07 -7 - of oa1/4o �� = p( STATE OF COLORADO 1Sl o WELD COUNTY COMBINED COURTS * Q * Roger A.Klein, Chief Judge 4:2 Karen L.Salaz, District Administrator 876/ Catherine L. Walker,Clerk of Court Rebecca A. Koppes Conway District Court Magistrate February 11, 2008 To Whom It May Concern: I am writing as the judicial officer who hears juvenile delinquency and truancy matters in this district for 99% of the cases. It is my belief that we owe extra time and attention to our young people in programs that make sense not only as effective but on a cost based approach. The program that I am recommending to you today is the diversion program currently run by the Weld District Attorney. My recommendation for continued and increased funding if available is based on the documented success as measured by the lack of recidivism experienced with juveniles who enter the program. As well, the other criterion is that it meets the individual needs of the young person involved as well as the needs of the community. In the last years,the program has been an outstanding success with delinquency cases. The program allows juveniles charged with crimes to be accountable in a quicker manner than through the court process. It also allows the juvenile to understand that there are consequences to their behavior. This is an immediate impact to the truancy docket because based on the numbers, it also saves the funding of at least two other deputy district attorneys and the clerical staff necessary to prosecute these cases. I would urge that you continue the funding to this worthy program. Yours truly, Rebecca A. Koppes Conway 901 Ninth Avenue, Post Office Box 2038,Greeley,Colorado 80632-0138 Phone:(970)351-7300 x5500•Fax: (970)356-4356 http://www.courts.state.co.us/district/19th/19dist.htm K`I QQ4.O DEPARTMENT OF PROBATION SERVICES q'r ,0�aa vi= Nineteenth Judicial District: Serving Weld County 41 Kevin Nelan, Chief Probation Officer M ••.0 1876 Adult&Juvenile Probation Weld County Alcohol Unit 934 Ninth Avenue 934 Ninth Avenue Greeley, CO 80631 Greeley, CO 80631 (970)392-4589 (970)392-4588 (970)351-8695[fax] (970)351-8695[fax] February 12, 2008 This letter is on behalf of the of the Weld County District Attorney's office Diversion program. I continue to be an advocate for this program. I have been an employee of the Colorado Judicial Department for the last eighteen and this program has been one of the most successful programs that I have observed over that period of time. This program is extremely valuable to the 19th Judicial District and specifically to the probation department here. Juvenile probation caseloads continue to rise in this Judicial District and our juvenile probation officer's caseloads have reached the point in which they border on the unmanageable. This Diversion program diverts many of the lower risk youth from reaching our department so that we can concentrate on supervising the higher risk delinquent youth. Diversion is able to work with many of these juveniles who with some guidance, supervision and educational programming can avoid returning to the Judicial system altogether. The statistics have shown how successful this program continues to be here in Weld County. Over the last twelve months this program has diverted 156 juveniles from being placed on probation. Over that same period of time 116 youth (94%) have successfully completed the program. Only eight juveniles went on to further Court involvement and or probation. They currently are supervising 32 juveniles. Additionally, 96% of the juveniles completing the program have not committed new law violations at the six month, one year, and two years marks. I have been very impressed with the 19th Judicial Districts' Diversion program. Particularly with the leadership of District Attorney, Ken Buck and Diversion Director, Kim Kinne. I enthusiastically support this program. Sincerely, Kevin A. Nelan ca U — = r.z.— a) k o 0 F 3 s — w C v C F T n 3 w C v ° N C N W •—.O w a 0 O ° O N ° w N G�' F ° y 6 y F" a) c i1 aU ° Q F a ro F y ° s ,y a., E W W E ro m o Q W W •a 'a Y c •E . ' e s + " cn ° sa c•� 'Coq '> 0 a) a ti G E a C U C o Oct ° Y o -oQ Ock at -° lC at • U Q o x Y U Q ro E V c w 0 a nFt. d • b E eo O ° > a> E > v r aay � of .E o2 E 'e o � E v) d E 3 a. o ti °c 3 Q ti °c 3 ......- 0 w N N y N v v s ? - __ > _ c U C W s°, W con N cn E C) W 3 y o '❑ 3 rd a) - >,-a c a � • okr, CF7 o c 3 0 - o 'E CF7 c 0.-5, 2 Lyon E c a) °�' z° o °C° k7 0 s a Q ° > N E s 7 g W to z E ° E o a` •E ° w N o .N � a Lr C = ' cv O O. '�'+ Q C V C y -C C U cEtl L ro +'J „C .O OOH c?S w° O '� 'QC •E O 0 O o?f U > E v ty U > E s E o °° N U k N N E aG N = v s U Y 2 •> 'c� 'E I' V '≥ .: '.=. ._ ;t >, .'7 fl' QC) ,d ct = `0 E ≥ .C a , • a.:c? � O C a.:D Ei �'> �D 4.) .� a O w E ° Eo E O ' E O W ... ° U O ,.. U — w, F cr O Q u, c " 8 .0 .E F Co i-• i.. S, o o p a. `.. >.,..a ,c U > a 4.1 N) F c) < C � v t w >-', E,.i a• . a. .a u � ° t Q L .E >, > ft N N 1 cC N L 0 .- 0 C4Ca .O w U N = ai 0. U 'C � O .N a a) -p >,•O cn 7 E JD.n �°' N ° o 0 CI o m > o Ct •ro ° C x .E .°. c '' a°i o N rxOaw U g O . a aC ..-,_ > a aro ..�-v .a -d ° 0 al mi al c 0 A CNC) A L N O Q c a r E w O 3 co c m O u CC E 'U a t = w C4 a a`"i U 3 ° Q. :b UN aNi OC 0 C op E C C `ko -a U E 0 cy _• C O D U ro O rn C a 2 an N Ch > C c V] " ' a) W b0 C W aC) .--, Y E �''',. 2a w > ° �"' O cis4 0 gm. v U EE 0 C a0 U .i a O U 0 ch v, C •'D cd E O- U '7 a w E 0. W �i ° U '0 C E cc- rn ai in C U O O W N o o ad ° C W a) O E a m Q R. U E U CIDcG U > C7 a > D. e. E b z c .L.-ca Q 0 N a a L U r-i 'O 0 '- N F C . > N N W tz4 > a a U - U U O w 0 PC 00 0 DC CO 0 0� 4 Y L K N U V o T C) X 0 0 " I Q tei [s] O N N y a) - IJ^/ [� ate+' >' +'L.. Es � '"' s • cn H 0-0 -O dl '> . Z T C K io W L K ct O o4' s ° Y y K • W G� 'O t O 'O a 0 N_ "a •--. 0 E I.: c U Q O N D YF"• N a A cn rn .0 r/ Cu' v p O — ti al 3EN -, 3E N o C 0 N o CI Cl.) F < .n rt. E Es- < > ro s 0 3 € •o = >, s '> E a F = ) o •y .N ° 3 e aa)) a) i .3 0.= .? « T.E p• C7 : b :D 0 a) • ccz g 'a ,51 • to w o aL°) L V L N • td y N i• p a ° E ° ° o ° s y U 0 0 -K N 'D 0 T-O En .74 'D ) E.d Y 'E' ..o O m N 7 CO t ° .-, „ •� W K a _ Lo as .E = on 3 G a O w > .04. > s c O K E F; 0 •--,Y = ti c 8 0 ' s . >, a a u b n. 0 .3 '3 .9. E H o b o o w x C ro o 0 7 v -0 ° 4N c cn CO' ml Q. N 0 CKd W ..K .Fs 0O O L a) 0 0 y • Q Y 'p WW Etc c,--, a3 - C O tif0• I E ch o P. 0. ri' 3 2A 8 n k.4 0ay • z .! G o m O• O ° a) s .O K E ❑ y a) K td U > V Q 6.0L K W ., a) U Q y L ° 0 eA 0 -45-. a v v o a) :o .DC .E a g a O OO. � > to Q C9 a E .t •O O O .I a. ffi 0 a 8 E CO o u a) a) pp M M 3 M o U U ▪ L. 0 cct CC CC C7 >, 0 0 SE.:TION III- PAST PERFORMA1.CE (For Continuation Applications Only) The previous goal was achieved by diverting 156 juveniles from the traditional court system for the calendar year 2007. Through the grant opportunity, restorative justice programming has continued and new projects are under development. Unfortunately, not all of the programs objectives were the same as other collaborative agencies so programming that we would have liked to implement have been delayed given the lack of key participant's availability. With regards to program specific evaluations, forms were sent to the parents/guardians and juveniles upon completion of the program with a self-addressed stamped envelope, less than 2% were returned. Of the forms returned, feedback provided was evaluated and changes to the program were made if appropriate. To date, the diversion program has diverted 329 juveniles from the traditional court system since September 2005. On average 98% of the juveniles have successfully completed their agreements and 96% have not committed new law violations resulting in juvenile filings over the course of 6-months, 1- year, and 2-year milestones. Unintended outcomes, results, and lessons learned over the course of the last two years include the effectiveness of the restorative justice shoplifting conference and the low recidivism rate of those juveniles that have successfully completed the program. 2008-09 State Juvenile Diversion Application 11-07 - 10 - SECTION IV- PROJECT EVALUATION Statistical data is categorized and recorded as cases are referred, accepted, and terminated within the diversion program. The Director will be logging data into an Excel spreadsheet to track demographic information, referrals to the program, acceptance into the program, conditions of agreements, referrals to community agencies, number of hours of community service assigned/completed, amounts of restitution collected, educational/life skills class attendance, restorative justice conferencing attendance, termination/completion dates, criminal or truancy case filings, and any other data that may be relevant to measure whether or not a portion of the program needs to be implemented, modified, or removed. Upon successful completion of the program, evaluations/feedback is requested by the juveniles and their parents/guardians. This information is used to evaluate the program and its effectiveness. Upon receipt, changes or modifications are made if appropriate. Based on the need to verify that the juveniles have not committed new criminal offenses, the District Attorney's database will used to cross-reference that the juveniles have not had juvenile petitions filed against them due to new criminal behavior. If a component of the diversion program appears to have a pattern of "failure" or ineffectiveness the reasons for potential problems will be evaluated and modifications made accordingly. It is the belief of the diversion program that there will always be a need to evaluate and modify the program based on new research or data, trends, and/or community needs. As stated previously, the outcome measures in relation to the goals and objectives for the diversion program will be easily documented by the basic number of delinquent juveniles accepted into the program. We will be relying on the databases maintained by the Courts and the District Attorney's Office. If awarded, as requested by the OAJJA all collection forms including data entry into CoKit, narrative, and financial reports will be completed as required. Blank copies of the evaluation tool and or feedback forms have been attached; please see Section IX attachments, number 3. 2008-09 State Juvenile Diversion Application 11-07 - 11 - SECTION V- SUSTAINABILITY The diversion program has been funded by this grant opportunity for the last two years. The grant is currently funding the Director's position, the Tracker and Interpreter on a part-time basis. The Weld County Commissioners through the District Attorney's office has funded the Case Manager position since January 2006. As the diversion program continues to expand and prove successful, it is anticipated that funding will continue be requested through grants and various government and community agencies. Potential cost savings to the community can be calculated to include the number of community service hours completed by diversion participants, the salary and time saved that would have been incurred by the employees of local low enforcement,the District Attorney's Office, the Courts, and the Probation Department had the cases proceeded or returned to Court, and if the juveniles remain law-abiding and complete their education they will become productive employees and members of the community. 2008-09 State Juvenile Diversion Application 11-07 - 12 - ID co _ 0. U C U U U Cm C — CO a L C - m -o >I O ~ co m C C O N c c y c Y >1 E N O a o c o C O C O- = Y Y (n a) c - o XX 0 O N U d U a N O w m in vs co O)N Z.— a) U (13 N OO) C) = N CO CO Z N CU O =o CO Cu M U E (6 c Ot 0 N N O) O O O D C C L - C CD O C C S U CO U-— U V O LL 0 V O = a O) O «) V a) 0 O O a 0 o' N CO M OM) a O O O O L en O r r M V-} b4 U a N E o C U O C N n o c O N J J U• `- ° C E co I— O) r O in NI- 0 0 d m_ ` co a '-'0 O) r r N V 0 O O O). a) a) M M N O O N 3 o w V I— N M M r V { N F— N N c_ O CO N W N in C N O V3 f!3 fR c '° u'° g \ \ \ ,:t. J J O a c U O C a, a) N- LO O Q 4 m O . L U) M M M O I- I- o O m o. O 8 miV E O` r 0 0 - _-' N O v F a ~ i- C Y 1in W. ` 0 = a) IX OH W a) a C 'O a O Q X X x X Z p z o y m m J Z C I— CO O_ O `�O- 'D O :� CO en N O Q U O y O ° 0 O O CO N y re l co a0)42 co - r WO CO OD 0 05. IX a CL Q .c j N a0 (0 II II II II d N 0 co ts 2 2 El: 0) c-7, N Z OW)I .O o y c o Q a O Z CC 0 a) ca) vc c rn N- N a J = c -O Z c O VS M U m o N W c m V co- r core '≥ d C M -O L € x C N r r O) U @ a I__ 2 N 0 o E ° 20 _ r A. + + + C m `o o h- Ii 5 a W CLL 2CO O III c� .. w a3 I- r mabo eo In «- _> .a m ≥ N Z v c N M co' m ca Id J aI-to V N r- Iu co m m o 2 F U' chi J in o z c Q H Z N w NONOJ I— I co CC 0 M a °--j u Cn Q W a w NUm0Z O o d = F N -o E a -O m C)0 d a Li) a oCIA v)C m otS co Et D o N U 1 E a - - . J z O.N 0000c ix w To Q a E ° Y � � W Z O U) = c IO -al ,°c) m_o OU a Z O) (� W N a - "O ,)) - co _ = f/) N J U N rn m � mC3 Z W m m CL m y � � '° Y z as a) `' O` = O Y n fA a) uO) a, a in v Ce N N 2 O co a > > a uu)) cm 0 t- 0 0 I- E Cl 2C). i5 a a CL I ) CO co; ) » \ \ ) \ ) m co \ d /) / 0 \ 0 / 0 r ) ) { = z3 / to to 7 / a S a) / 0 e i / / \0 0 0 g H o o / / o a @ Lri / / _ / / co I- I- 0 0 I- e m I o \ \ § q § j § a. 5 re ) aCD w a _I z z 2 k 2 $ g = w Q w , C U. ) ) k \ § \ k I- To \ k H \ / \ \ \ \ o ° 0 ) ° / co o n 6 Lu 2 w ® \ < CC E _ E ° _ O E w § Q. H \ z a F- > ( _ z e o e § § j 2 { 0 § w J Ni Lei o to /6 2. BUDGET NARRATIVE: (Limit 3 pages) A. Personnel: Amount requested is to fund the Director's full-time position, the Tracker/Case Manager's part-time position, and the Spanish language interpreter on a part-time basis. The Weld County Commissioners through the District Attorney's Office will continue to fund the current full-time Case Manager position. As stated previously, all positions working directly with the juveniles have Bachelor degrees and training appropriate for their positions. Specific job descriptions are included as an attachment. The increase in funding requested for this grant period includes the projected increase in the cost of the benefits associated and incurred by the County in addition to the raises provided for the employees per county policy. The amount requested for the Director's position includes the annual base salary of$61,618 with $24,490 in benefits, totaling$86,108. Compared to last year, this request includes a$3,230 a year raise in salary; however due to the increased benefit expenses for the County,the increase reflected for benefits is $9,729. Even given this increase in salary, the Directors of similar programs such as the Juvenile Assessment Center and the Director of the Weld County Interagency Oversight Group, were posted at a starting salary of$75,000 plus benefits. The Case Manager's base salary and benefits are being paid for through the District Attorney's Office by the Weld County Commissioners as the in-kind match for the diversion program. Starting salary for similar positions such as a probation officer would be complementary to this current pay scale. The Tracker/Case Manager and Interpreter are being requested on a part-time basis which does not equally compare to the rest of the general business public. However,the Tracker/Case Manager position is being paid as would be comparable to this particular individual's responsibilities and employment history. B. Supplies and Operating: Line items to include office supplies are estimated to cost$2,000. Items to be purchased will include paper supplies such as file folders, dividers, paper, and envelopes, business cards, general office supplies (pens, post-it notes, paperclips, pens, etc.), and school supplies if necessary for the juveniles participating in the program. C. Travel: Training or Conference attendance will depend on the availability and expensed by the Weld County District Attorney's Office. Mileage is estimated at the rate of$.39/mile. Due to the increasing referrals in the Southern part of Weld County and trainings offered in the Metro Denver area, it is anticipated that mileage will be $500. D. Equipment: At this time, it is not anticipated that the diversion program will require any equipment as defined in the application during this grant period. E. Consultant/Professional Services (Contracts): It is not anticipated that the diversion program will be contracting specifically with an individual or business to provide direct services to the juvenile or their families in the program. The exception is the required expense by DCJ for the utilization of the CoKit database. - 15 - 3. FINANCIAL MANAGL..iENT: Please complete the items belo,.. A. Has a copy of your last independent audit or financial review been previously submitted to DCJ? YES/ NO. If YES, to which program? DCJ/Justice Assistance Grant Program Funds_, If audit last provided to DCJ is older than one year, include one copy of the most recent audit or financial review, including any management report or other auditor comments in the appendix. Also, if there were findings, please attach the audit resolutions and/or corrective action plan. B. Does your agency expend over$500,000 from combined federal sources in a year? � YES / NO If YES, attach a copy of the A-133 audit, including audit resolutions and/or corrective action plan. C. Please respond to the following questions about whether your accounting system meets the criteria for managing federal grant funds. (These questions cover areas that will be monitored by DCJ staff during site visits or through other reporting mechanisms. They are not intended to be all inclusive and do not substitute for the agency's responsibility to meet all federal and state requirements for these grant funds.) ZYES ONO Does your accounting system separate ALL revenues and expenditures by funding source? EYES [—NO Does your system track revenues and expenditures for each grant award separately through a sub-ledger system? ®YES ONO 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 ONO Do you reconcile sub-ledgers to your general ledger at least monthly? ZYES FIND Do you mark your invoices with the grant number? ZYES ONO Do you maintain time sheets, signed by the employee and supervisor for each employee paid by DCJ grant funds? ®YES ONO Do you have written financial policies and procedures in place? ®YES FIND Do you have accounting internal controls in place, such as separation of duties, two signatures on certain checks, reconciliations or other reviews? For Continuation Applicants only EYES ❑NO Do you use your accounting system data to prepare your quarterly financial reports for DCJ? EYES ONO Do you reconcile your accounting system data with your quarterly financial reports for DCJ? If you answered "No" to any questions above, please provide an explanation on an inserted page referencing Section VI Item #3. - 16- 4. TOTAL PROJECT 1;cNDING: Will this project BE FUNDED using ADDITIONAL FUNDS other than those provided from this grant? Ni YES / NO If yes, what% of the total project costs will be supported by these federal funds? 75 % List the type and amount of other funding that will be provided to this project. Fund Type/Describe Amount Federal State County Government $43,154 $56,873 (Total) (25% Cash Match) Municipal Government Private Other- specify Unknown ** TOTAL $43,154 $56,873 (Total) (25% Cash Match) *Amount collected by diversion program participants will vary depending on ability to pay the assessed fees due to household income and expenses for program requirements such as treatment for substance use and/or mental health counseling, etc. - 17 - SECTION VII - CERTIFICATION OF MATCH A Certification of Appropriation of Match form should be completed by all agencies providing match. Certification of Appropriation of Match Date: February 4,2008 Colorado Division of Criminal Justice Office of Adult and Juvenile Justice Assistance 700 Kipling Street Denver, Colorado 80215 To Whom It May Concern: Please be advised that The Weld County Board of Commissioners has committed support in the form of Cash Match in the amount of $56, 873 and/or ❑ In-kind Match valued at$ to match the State of Colorado funds for the FY 08/09 COLORADO JUVENILE DIVERSION PROGRAM for The 19th Judicial District,Weld County District Attorney's Office: Juvenile Diversion Program. (Project Title or Agency) Execution of this document represents a certification that said funds have been earmarked within the appropriation of budget process for use as matching funds for this grant application. Sincerely, The individual authorized to commit these funds on behalf of the unit of loci s, 7/O//O8 government or corporation. This individual is either the authorized Signature/Date official or appropriate controller of the matching funds. Barbara Connolly, CPA, Weld County Department of Accounting, Controller Typed Name and Title Weld County Government,Post Office Box 758, Greeley, Colorado 80632 Agency, Address _ 18 _ SECTI6,, VIII- CERTIFICATIONS/SK,NATURES See attached Special Provisions and Certified Assurances document below. - 19- CO RADO DIVISION OF CRIMINAL JUSTIC JUVENkte,JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions& Certified Assurances must remain attached to the application May 13,2008 SPCA Page 1 of 7 RECl-''vrn.11 pv CHECK BELOW TO INDICATE WHICH CATEGORY BEST DESCRIBES YOUR AGENCY: V Inter-Governmental Grant Grant to a Colorado State Agency (Section A does not apply) V Grant to a Unit of Local Government,Tribal Government, or Special District. Grant to a Non-Profit, Private Organization(Non-Governmental) The applicant certifies by signing that the project described in this application meets all the requirements of the applicable governing legislation as indicated below;that all information contained in the application is correct;that there has been appropriate coordination with affected agencies; and, that the applicant will read, understand and comply with all provisions of the governing legislation and all other applicable federal and state laws, rules and regulations that have been or may hereafter be established. The applicant further understands and agrees that any subgrant award received as a result of this application shall be subject additionally to the grant conditions set forth in the Statement of Grant Award,and in the current applicable Administrative Guide of the Division of Criminal Justice. GOVERNING LEGISLATION FOR THIS GRANT PROGRAM; Juvenile Diversion Program. As defined in Colorado Revised Statutes §19-2-203, and under statutory authority of the Division of Criminal Justice, Colorado Revised Statutes §24-33.5-503, and under applicable program rules established by the Division of Criminal Justice. A. STANDARD STATE SPECIAL PROVISIONS Effective Date of Special Provisions: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 grant shall be construed or interpreted as a waiver, express or implied,of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. or the Federal Tort Claims Act,28 U.S.C.2671, et seg.,as applicable,as now or hereafter amended. 2008-1712 COT 1ADO DIVISION OF CRIMINAL JUSTIC. JUVENILi JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions& Certified Assurances must remain attached to the application May 13,2008 SPCA Page 2 of 7 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2: (THIS PROVISION IS NOT APPLICABLE TO GRANTS TO COLORADO STATE AGENCIES): THE SUBGRANTEE AGENCY SHALL PERFORM THE DUTIES FUNDED UNDER THIS GRANT AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE STATE. NEITHER THE SUBGRANTEE AGENCY NOR ANY AGENT, SUB- CONTRACTOR, OR EMPLOYEE OF THE SUBGRANTEE AGENCY SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE BY VIRTUE OF THIS SUBGRANT. SUBGRANTEE AGENCY SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS GRANT. SUBGRANTEE AGENCY ACKNOWLEDGES TIIAT 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 I'AY 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. CO 3ADO DIVISION OF CRIMINAL JUSTIC JUVENII.r,JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions& Certified Assurances must remain attached to the application May 13,2008 SPCA Page 3 of 7 11.PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services]The Subgrantee Agency certifies,warrants,and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this subgrant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this subgrant, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5- 102(5)(c), the Subgrantee Agency shall not knowingly employ or contract with an illegal alien to perform work under this subgrant or enter into a contract with a subcontractor that fails to certify to the Subgrantee Agency that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this subgrant.The Subgrantee Agency(a)shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this subgrant is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if the Subgrantee Agency has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this subgrant, (c) shall terminate the subgrant if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If the Subgrantee Agency participates in the Department program,the Subgrantee Agency shall deliver to the contracting State agency, institution of higher education or political subdivision a written, notarized affirmation, affirming that the Subgrantee Agency has examined the legal work status of such employee, and comply with all of the other requirements of the Department program. If the Subgrantee Agency fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this subgrant for breach and, if so terminated, the Subgrantee Agency shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Subgrantee Agency, if a natural person eighteen (18)years of age or older, hereby swears and affirms under penalty of perjury that he or she (a)is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)shall comply with the provisions of CRS §24-76.5-101 et seq., and(c)has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this subgrant. B. GRANT REQUIREMENTS 1. FINANCIAL&ADMINISTRATIVE MANAGEMENT a. The Subgrantee Agency assures that fund accounting, auditing, monitoring, evaluation procedures and such records as necessary will be maintained to assure adequate internal fiscal controls, proper financial management, efficient disbursement of funds received, and maintenance of required source documentation for all costs incurred. These principles must be applied for all costs incurred whether charged on a direct or indirect basis. b. All expenditures must be supported by appropriate source documentation. Only actual, approved, allowable expenditures will be permitted. c. The Subgrantee Agency assures that it will comply with the provisions of the current applicable Administrative Guide of the Division of Criminal Justice which is hereby incorporated by reference. However, such a guide cannot cover every foreseeable contingency, and the Subgrantee Agency is ultimately responsible for compliance with applicable state and federal laws, rules and regulations. 2. PAYMENT& REPORTING a. The Division of Criminal Justice will pay the Subgrantee Agency the reasonable and allowable costs of performance, in accordance with current Colorado State Fiscal Rules, not to exceed the amount specified herein as the Total Award Amount,as identified on the Statement of Grant Award. b. The Division's requirements for invoice, advance payments, and cost reporting submissions are contained in the DCJ Form 3 - Cash Request Procedures, and DCJ Form 1-A - Subgrant Financial Report, which are hereby incorporated by reference. c. Advance payments cannot exceed 30-day operating expenses. d. The Subgrantee Agency assures that it shall maintain data and information to provide accurate quarterly program narrative and financial reports to the Division. Said reports shall be provided in such form and contain such data and information as the Division of Criminal Justice reasonably requires to administer the program. e. The Subgrantee Agency assures that quarterly financial and narrative reports shall be submitted within 30 days of the end of each calendar quarter and shall be current and actual. . COI ;ADO DIVISION OF CRIMINAL JUSTIC. JUVENILr,JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions&Certified Assurances must remain attached to the application May 13,2008 SPCA Page 4 of 7 f. The Subgrantee Agency further assures that final financial and narrative reports shall be submitted on the forms provided by the Division of Criminal Justice within 45 days of the end date of the subgrant. g. The Division reserves the right to make and authorize modifications, adjustments, and/or revisions to the Grant Award for the purpose of making changes in budget categories, extensions of grant award dates, changes in goals and objectives, and other modifications which do not change the total amount of the Grant Award. The Division's requirements for such grant adjustments are contained in the procedures for DCJ Forms 4A, 4B, 4C, and 4D, which are hereby incorporated by reference. h. The Division may withhold payment in the event the Subgrantee Agency fails to comply with conditions, including all financial reporting requirements and certifications contained in this grant award. 3. PROCUREMENT AND CONTRACTS a. The Subgrantee Agency assures that open, competitive procurement procedures will be followed for all purchases under the grant. All contracts for professional services, of any amount, and equipment purchases over five thousand dollars (per item,with a useful life of at least one year)must receive prior approval by the Division of Criminal Justice. b. The Subgrantee Agency assures that no contract or agreement will be made for execution of project activities or provisions of services (other than purchase of supplies or standard commercial or maintenance services) that is not incorporated in the approved application or approved in advance by the Division of Criminal Justice. c. The Subgrantee Agency assures that contractors/vendors who assist the Subgrantee Agency to develop specifications, requirements, statements of work and/or Request For Proposal for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement. d. The Subgrantee Agency assures that where activities supported by this subgrant produce any discovery or invention, original computer programs,writing, sound recordings,pictorial reproductions,drawing or other graphical representation and works of any similar nature,the following requirements apply: i. The Division of Criminal Justice reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: The copyright in any work developed under an award or subaward; and 2) Any rights of copyright to which a recipient or subrecipient purchases ownership with support. ii. If any program produces patentable items, patent rights, processes or inventions, in the course of work sponsored by the Federal award or subaward funds, such facts must be promptly and fully reported to the awarding agency, Division of Criminal Justice. The awarding agency shall determine whether protection on the invention or discovery shall be sought.The awarding agency will also determine how rights in the invention or discovery (including rights under any patents issued thereon) shall be allocated and administered in order to protect the public interest pursuant to published Presidential and government memorandums and guidelines,and the regulations promulgated by the Department of Commerce in 37 CFR Part 401. iii. When issuing statements, press releases, requests for proposals, bid solicitations, and other published documents describing projects or programs funded in whole or in part with these grant funds, all Subgrantee Agencies must clearly: a) State the percentage of the total cost of the program or project, which will be financed with this grant money; b) State the dollar amount of state or federal funds for the project or program; c) Use the phrase-"This project was supported by grant # , issued by the Colorado Division of Criminal Justice." e. The Subgrantee Agency may not assign its rights or duties under this grant without the prior written consent of the Division of Criminal Justice. 4. AUDIT,RECORD-KEEPING,AND MONITORING/INSPECTION a. The Subgrantee Agency assures that it will procure an audit or £mancial review, incorporating this subgrant, by an independent Certified Public Accountant (CPA), licensed to practice in Colorado. If the agency expends more than $500,000 per year in combined federal funds, a Single Audit must be conducted in accordance with OMB Circular A- 133 (Audits of States, Local Governments, and non-profit organizations). If the agency expends less than $500,000 per year in combined federal funds, the following policy applies: Agencies with total annual revenue from all sources of $200,000 or more shall procure a financial audit; a financial review shall not be sufficient to meet this requirement. Agencies with total annual revenue of less than$200,000 procure either a financial review or financial audit. i. At such time as the audit or financial review is completed,ONE COPY OF THE REPORT, INCLUDING THE CORRESPONDING MANAGEMENT LETTER, MUST BE FORWARDED TO THE DIVISION OF CRIMINAL JUSTICE for clearance. The audit or financial review incorporating this subgrant must be completed and received within 12 months of the end of the fiscal years that includes the end date of the grant. CO RADO DIVISION OF CRIMINAL JUSTIC JUVENnue,JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions&Certified Assurances must remain attached to the application may 13,2008 SPCA Page 5 of 7 ii. The Subgrantee Agency accepts responsibility for the costs of a financial program audit to be performed by the Department of Public Safety in the event that the audit report or financial review: a) does not meet the applicable A-133 or DCJ standards; b) is not submitted in a timely manner;or, c) does not provide an audit response plan with corresponding corrections made sufficient to satisfy any audit findings. b. The Subgrantee Agency assures that: i. It will retain all project records, as will facilitate an effective audit, for seven years after the end of the state fiscal year that includes the end date of the grant. (For example if the grant ended 9/30/2001, the state FY would be July 1,2001-June 30,2002. The files could be destroyed after 6/30/2009); except, ii. If an audit is in progress and/or the findings of a completed audit have not been resolved satisfactorily, then records must be retained beyond the seven-year period until such issues are resolved. c. The Subgrantee Agency assures that it will keep copies of all documents, correspondence, and required receipts related to this subgrant in a separate file bearing the project title and grant number. d. The Division may periodically request submission of supporting financial and programmatic documentation, subcontracts, general and sub-ledgers for the purpose of monitoring compliance with the grant award via desk review, or in preparation for an on-site monitoring visit. Routine or special on-site visits may be conducted at the subgrant agency, and at the location of any collaborating entities, for the same purpose. Subgrantee Agencies will be notified in advance of any on-site monitoring visit. e. The Subgrantee Agency assures that the Division of Criminal Justice, Colorado Department of Public Safety,shall have access for purposes of monitoring, audit and examinations to any bonds, documents, papers and records of the Subgrantee Agency and to relevant books and records of subcontractors of the Subgrantee Agency. It is the responsibility of the Subgrantee Agency to notify any of its project collaborators and subcontractors of these provisions. f. The Subgrantee Agency assures that signatories of the application and subgrant award and personnel employed through this subgrant will appear when requested at any administrative hearing, monitoring site visit, conference or meeting conducted by the Division of Criminal Justice. 5. COLORADO VICTIM RIGHTS ACT The Subgrantee Agency assures that the application signatories, all staff and all volunteers assigned to the funded project have read and understand the rights afforded to crime victims pursuant to §24-4.1-302.5 C.R.S., and the services delineated pursuant to §§24-4.1-303 and 24-4.1-304 C.R.S., commonly known as the Victim Rights Act, and enabling legislation. 6. TERMINATION or REDUCTION IN GRANT AWARD The Division will monitor the performance of the Subgrantee Agency against goals and performance standards as found in the application required herein. The Division will provide reasonable assistance to the Subgrantee Agency in the development of project goals,performance standards and subgrant requirements.Any determination of substandard performance on the part of the Subgrantee Agency shall be within the discretion of the Division,based upon the Division's review of the terms and conditions of the Grant Award,the application and project summary,the grant terms and assurances,and the requirements of applicable law. Substandard performance, as determined by the Division, shall constitute non-compliance,which may result in termination for cause, or reduction of the Grant Award for cause, as follows: a. Reduction In Grant Award Amount for Cause i. The Division may reduce the total Statement of Grant Award amount for cause, without compensation for reduction costs. ii. If the state reduces the grant amount for cause, it will first give ten (10) days written notice to the Subgrantee Agency, stating the reasons for reduction, steps taken to correct the problems, and the date the subgrant award amount will be reduced in the event problems have not been corrected to the satisfaction of the Division. iii. In the event this grant is reduced for cause, the Division will only reimburse the Subgrantee Agency for acceptable work or deliverables received up to the date of reduction. iv. In the event this grant is reduced for cause, final payment to the Subgrantee Agency may be withheld at the discretion of the Division until completion of final Division review. b. Termination for Convenience: i. Either party may terminate the grant with thirty days written notice of intent to cancel or terminate. ii. If the grant is terminated for convenience by either the Subgrantee Agency or the state, the Subgrantee Agency shall be paid the necessary and allowable costs incurred through the date of termination, but not exceeding a prorated amount based on the number of days of project operation prior to the date of termination. c. Termination for Cause: CO' tADO DIVISION OF CRIMINAL JUSTIC JUVENILE.JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions& Certified Assurances must remain attached to the application May 13,2008 SPCA Page 6 of 7 i. The Division may terminate the grant for cause without compensation for termination costs. 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. PROGRAM SPECIFIC REQUIREMENTS The following program specific requirements are imposed by the Federal or State sponsoring agency concerning special requirements of law,program requirements, and other administrative requirements which must be passed on to subgrant award recipients. I. Right if Privacy for Recipients of Service and Sharing of information. The prospective Subgrantee Agency certifies,by submission of this proposal,that: a. Pursuant to Section 223(a)(18)of the Juvenile Justice and Delinquency Prevention Act,procedures have been established to ensure that this program will not disclose program records containing the identity of individual juveniles. Exceptions to this requirement are authorization by law; consent of either the juvenile or his/her legal authorized representative;or justification that otherwise the functions of this title cannot be performed. Under no circumstances may public project reports or findings contain names of actual juvenile service recipients. b. Necessary information will be shared appropriately among schools, law enforcement,courts and juvenile-serving agencies pursuant to the Family Educational Rights and Privacy Act(FERPA)(20 U.S.C. §I232g),as amended by Improving America's School Act of 1994(IASA). FERPA allows schools to play a vital role in a community's effort to identify children who are at risk of delinquency and provide services prior to a child's becoming involved in the juvenile justice system. c. Necessary information will be shared in accordance with the"Children's Code Records and Information Act," 19-1- 301 et seq.,Colorado Revised Statutes,to balance the best interests of children and the privacy interests of children and their families with the need to share information among service agencies and the need to protect the public safety. 2. In addition to the"Termination for Cause"item, 6(c)under Grant Requirements above,the subgrant may be suspended or terminated by the Division of Criminal Justice if the Subgrantee Agency fails to comply with the core requirements of the Juvenile Justice and Delinquency Prevention Act, 1974,as amended: Deinstitutionalization of Status Offenders, Section 223 (a)(I2)(A); Separation of Juveniles from Incarcerated Adults, Section 223(a)(I3);Removal of Juveniles from Adult Jails and Lockups, Section 223(a)(14);Disproportionate Minority Confinement, Section(a)(23). 3. If the applicant is a state government agency,the submission of this application certifies the applicant agency has obtained through the state budget process the spending authority and FTE approval, if FTE is requested,required to accept these state grant dollars. In addition,state agencies applying for these grant funds must enclose in the appendix a letter or memorandum from the appropriate fiscal officer verifying the applicant's ability to accept these state funds. If unable to comply with this condition,please contact DCJ prior to the submission of the application. • • CC RADO DIVISION OF CRIMINAL JUSTIC JUVENILE JUSTICE AND DELINQUENCY PREVENTION STATE JUVENILE DIVERSION PROGRAM SPECIAL PROVISIONS AND CERTIFIED ASSURANCES Special Provisions& Certified Assurances must remain attached to the application May 13,2008 SPCA Page 7 of 7 SIGNATURE PAGE ->->->TO BE COMPLETED BY ALL APPLICANTS (ORIGINAL SIGNATURES REQUIRED-Please sign in BLUE ink. See instructions for description of proper signatories.) The Subgrantee Agency and responsible signatories certify by signing that they have read the Application including the Special Provisions and Certified Assurances, and are fully cognizant of their duties and responsibilities for this project.The Subgrantee Agency understands and agrees that any subgrant award received as a result of this application shall incorporate by reference the information contained herein. Responsibility for narrative and fiscal reporting requirements are delegated to the designated Project Director, who will sign all such reports. This delegation is for purposes of reporting to the Division and for operational ease, and in no way limits the authority and responsibility of the Authorized Official. In accordance with the Colorado Revised Statutes 24-72-202.6,information supplied in this application is considered a public record. py��� AUTHORIZED OFFICIAL ( Name bV'\\Uam IV- drxve Position �Iil/I l r'na n Agency \I�JV�I� Jaw �1A P alb fr 09\ARlYUii MOO Mailing Address PO ?AC' City,State,Zip fxe(�/'/� t If) VQW�2 1rs''Telephone# (6 1.0 7- V-U+ # (U_ Fax 15 i2G�17/NY2//- 0 2H-2- E-mailAddress ejer�, & Co Meta fib.uo Signature ^ W Ll Date FINANCIAL OFFICER Name PODam Q)fl r Ql (� Position �(pO I Agency V VA hu IAl �Vl Irn —kccounti V oa t t' ^,v t Mailing Address p/t k�cry City,State,Zip ( e((C t CO 'bO(;722 Telephone# >16N-D) fl'70• 4-000 2c4-1-1--S Fax# J 2 bole E-mail Address I91/0nnU I g Q ccrWelc •U1. Iic Signature Date re-0 C�1 ii J ecAlog PROJEC D ECTOR Name LIm 121 w nno Position tlreupr JIA)Jez6 (iDi\ler 1 Dv n Agency elG Witlib1 fot 1�J'YIr 012 VII toej.\,3-e). , I a (j � Mailing Address { City,State, Zip Gre' et (f, (p 2_ c, Telephone# (q?.,tAr0N. 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