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HomeMy WebLinkAbout20053197.tiff RESOLUTION RE: APPROVESTATEMENTOF GRANTAWARDAND CERTIFICATIONOF COMPLIANCE WITH REGULATIONS FOR ANALYTICAL CAPACITY UPGRADE 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 Certification of Compliance with Regulations for the Analytical Capacity Upgrade Project between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Weld County Sheriffs Office,and the Colorado Division of Criminal Justice, commencing December 1,2005,and ending September30,2006,with further terms and conditions being as stated in said grant and certification, and WHEREAS, after review, the Board deems it advisable to approve said grant and certification, 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 Certification of Compliance with Regulations for the Analytical Capacity Upgrade Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriffs 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 and certification. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 31st day of October,TA p ; 2005. BOARD OF COUNTY COMMISSIONERS ,t ► ELA ELD COUNTY, COLORADO ATTEST: 44 '� LL, 7, 7-1/4,-_:) ISM -' :kr Weld County Clerk to the B ; Cie iam H. Jerke, Chair (4/ \ P,CUSED BY: it t 1!att � �' ' ISM Bile, Pro-Tern Deputy Cle to the Boat: CC c Day' E. Long APP AS TO FQ re Ca_ ( Glenn Vaad -- � Date of signature: "I IS 2005-3197 (l0 SCJ(-2v.%5) SO0026 -'5-2)3 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 the Statement of Grant Award(SOGA), in the table below. Read the form completely, identifying, under "I,"the person responsible for reporting civil rights findings; and 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 to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO 80215, within 45 days of the grant award beginning date. Grant# 25—O4-OI-2--] Grant Project Title: Pt$l4t*nc teC4t kcirItkcc* nt- co, Subgrantee Name(Funded Entity): Wei..-j) Gekm.(t'f t S it acfr'5 UF-(Jt ntpd 4'r Address: ,( 19 yo 0 5i . atea..gy ceo odab31 Duration: Beginning date: iZ/t j 3o0S End date: 61/30/ z.cOlo Award: $ '-3)000 Project Director's Name& Phone#: any k 1 hoc set4 co ceokc x 1-16c7-.o -3s"b- 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 of the 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 seg.; our projects and activities provide meaningful access for people with limited English proficiency as required by Title VI of the Civil Rights Act, (See also, 2000 Executive Order#13166). ♦I also certify that the person in this agency or unit of government 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, within 45 days of the grant award beginning date. A copy of this Certification will be provided to this person, as identified here: Person responsible for reporting civil rights findings of discrimination: (Name, address&phone) ran- Peas ;tliroo b 22cnie e. p",„„,,,EL 9/S /O s ries 6,esteat cI foie 3/ 97O- 3 se.- V000n7. 123O H. EQUAL EMPLOYMENT OPPORTUNITY PLAN(EEOP)CERTIFICATIONS: Check the box before ONLY THE ONE APPROPRIATE CERTIFICATION(A,B, CI or C2 below)that applies to this subgrantee agency during the period of the grant duration noted above. ❑ 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(1),(2)and/or(3) as they apply to your entity. (More than one may apply.) This funded entity has not been awarded more than$1 million cumulatively from all programs administered by the U.S. Department of Justice over an 18-month period that includes the above grant duration period, and (1) is an educational, medical or non-profit institution or an Indian Tribe; and/or _(2) has less than 50 employees; and/or (3) was awarded through this grant from the Colorado Division of Criminal Justice less than$25,000 in federal 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 42.301,et sue. (CONTINUED ON REVERSE SIDE) Colorado Division of Criminal ustice Page 1 oft (Rev.8/16/2004) 2005-3197 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) TX 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,was awarded, through 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 funds. Also, it has not been awarded more than$1 million cumulatively from all programs administered by the U.S. Department of Justice over an 18-month period that includes the above grant duration period. 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 by the proper authority and disseminated to all employees,and that it is on file for review or audit by officials of the Division of Criminal Justice or the Office for Civil Rights, Office of Justice Programs as required by relevant laws and regulations. El CERTIFICATION "Cl" (EEOP MUST BE SUBMITTED) This funded entity,as a for-profit entity or a state or local government having 50 or more employees, was awarded,through this grant from the Colorado Division of Criminal Justice,more than$500,000 in federal U.S. Department of Justice funds, but, it has not been awarded more than$1 million cumulatively from all programs administered by the U.S. Department of Justice over an 18-month period that includes the above grant duration period. Therefore, I hereby certify that the funded entity will submit,within 45 days of the award,an EEOP or an EEOP Short Form,that will include a section specifically analyzing the subgrantee(implementing)agency. ❑ CERTIFICATION "C2" (EEOP MUST BE SUBMITTED) This funded entity,having 50 or more employees, has been awarded more than$1 million cumulatively from all programs administered by the U.S. Department of Justice, including this subgrant from the Div.of Criminal Justice, over an 18-month period that includes the above grant duration period. Therefore, I hereby certify that the funded entity will submit,within 45 days of the award,an EEOP or an EEOP Short Form,that will include a section specifically analyzing the subgrantee(implementing)agency. (If you have already submitted an EEOP applicable toihis time period,send a copy of the letter received from the Office for Civil Rights showing that your EEOP is acceptable.) 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, hereby, also certify that the content of this form, other than the data entry `/ required as not been altered, / �� / �'Y0s [ thorized O 's si re] [Date] —1)o /VA ( 1) lb 144 121) E/1J 2 Pat,eY1('er- /l IVIiifrAiif)-k [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 you identified under "1"on page 1. 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 8/16/2004) RECEIVED BY 61.1C OzO OW $' COLORADO DIVISION OF CRIMINAL JUrancid? 71)05 **/ °8 \* STATEMENT OF GRANT AWARD (SOGA) Ct, cult)! ' FEDERAL PROGRAM INFORMATION CFDA Number: 16.560 Federal Agency: U.S.Department of Justice,Bureau of Justice Statistics Federal Award Name and Number: Paul Coverdell National Forensic Sciences Improvement,#2005-DN-BX-0101 Subgrantee Agency Name: Weld County, Sheriffs Department Project Director: Mr. Larry Pederson Project Director Address: Weld County,Sheriffs Department 1950"0" Street Greeley, CO 80631 Grant Number: 25-DN-01-2-1 Project Title: Analytical Capacity Upgrade-Greeley/Weld Co. Grant Period: 12/1/2005 to 9/30/2006 Date Issued: 10/17/2005 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,including Special Provisions and Certified Assurances, is incorporated herein as a part of this document. APPROVED BUDGET Budget Category Federal Cash Match Total Personnel $0.00 $0.00 $0.00 Supplies and Operating $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 * Equipment $23,000.00 $0.00 $23,000.00 * Professional Services $0.00 $0.00 $0.00 Confidential Funds $0.00 $0.00 $0.00 TOTAL BUDGET $23,000.00 $0.00 $23,000.00 * Purchase of equipment requires prior completion and approval of DCJ Form 13. * Professional services require prior completion and approval of DCJ Form 16. SPECIAL CONDITIONS: I. The recipient shall submit to Division of Criminal Justice,who will then forward to Bureau of Justice Statistics,one copy of all reports and proposed publications resulting from this agreement thirty(30)days prior to public release. Any written, Version 10/17/05 p:\oajja\soga\drug merge\coverdell soga.frm Page 1 of 4 Statement of Grant Award(SOGA) visual,or audio publications,with the exception of press releases,whether published at the grantee's or government's expense,shall contain the following statements: "This project was supported by Grant No. 2005-DN--BX-0101 awarded by the Bureau of Justice Statistics. The Bureau of Justice Statistics is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance,the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention,and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice." 2. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate,and subject informed consent. 3. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and C.F.R. Part 22 that are applicable to collection,use,and revelation of data or information. Grantee further agrees,as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular,section 22.23. 4. Express written approval from the Division of Criminal Justice must be secured by the Subgrantee prior to the use of any federal funds,either directly or indirectly,in support of enactment,repeal,modification or adoption of any law,regulation or policy,at any level of government. 5. The subgrantee must submit to the Division of Criminal Justice one copy of your most recent A-133 audit or financial review, including any management report or other auditor comments,by December 31,2005. 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 agrees that the attached grant application, including"Special Provisions and Certified Assurances", is hereby incorporated by reference as part of this grant award. Review carefully the Special Provisions and Certified Assurances contained in the approved grant application. 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 intended start date(as set out in the grant period shown on page 1 of this SOGA);however final approval by the State Controller or designee, is required. 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 (I) Commencement within 60 Days. If a project is not operational within 60 days of the start date of the grant period,the Version 10/17/05 p:\oaya\soga\drug merge\coverdell soga.frm Page 2 of 4 Statement of Grant Award(SOGA) 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 a 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 10/17/05 p:\oajja\soca\drug merge\coverdell soga.frm Page 3 of 4 Statement of Grant Award(SOGA) THE PARTIES HERETO HAVE EXECUTED THIS BINDING SUBGRANT AWARD SUBGRANTEE: STATE OF COLORADO: Weld County Board of County Commissioners Bill Owens ,GOVERNOR Legal Name of Subgrantee Agency • // ---/ FEIN(or Social Security) # 84-6000-813 7 BY lit. i LC/.rte BY ���J�/Z-G�� � U� SIGNATURE of Authorized Official 10/31/2005 DIRECTOR Colorado Division of Criminal Justice William H. Jerke, Chair Raymond T. Slaughter Print Name& Title of Authorized Official Print Name& Title of DIRECTOR .. Date Signed: 10/26/2005 Date Signed: //' // (l/ OS Provide signature of Corporate/Board Secretary or equivalent,or Town/City/County Clerk,to certify that person named as Authorized Omcial above has the AT��t''(/✓ egoa hhiis agency, rsonrwtson STATE OF COLORADO LEGAL REVIEW: ben Ctereagency,and is in fact the person who See Contract Routing Waiver# N/A s ere indicated. (or, if not waived) " 'fGitivr� C 6� /6.42145-- John Suthers ,ATTORNEY GENERAL Signature �� Date E La BY: Tile 1 1861 G,-` Phone PLACE AGEVIP �� Date Signed: Or ��1 , Indicate No Seal`s®( N 11 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: Leslie M. Shenefelt BY �--ll..L '_ l—C_ CL,( C\scE� DATE 11 1 I cl I ()/ Version 10/17/05 p:\oajjalsoga\drug merge\coverdell soga.frm Page 4 of 4 COLORADO DIVISION OF CRIMINAL JUSTICE RECEIVED RY DCJ SEP 2 1 2005 2005 COVERDELL GRANT APPLICATION SECTION I - APPLICANT INFORMATION PROJECT TITLE: Analytical Capacity Upgrade-Greeley/Weld County Forensic Laboratory APPLICANT Greeley/Weld County Forensic Laboratory AGENCY: Address 1950 O Street City, ZIP Greeley, CO 80631 Contact Larry Pederson E-mail Ipedersonco.weld.co.us Name Telephone 970-357x^ tta . .a. q{,5Z FAX 970-336-7258 Type of government (check one): ®City/Town ❑County Estate Federal Employer ID U t 'k Number 8 L/ Co U U 8 1 3 y ��� l � w�l IR� ,IY kcl 1„ PROJECT DURATION: From: 10-01-05 To: 09-30-06 TOTAL GRANT REQUEST: $23,000 PROJECT DESCRIPTION (Summarize your project in the space provided) The Greeley/Weld County Forensic Laboratory will use the Coverdell funds to acquire equipment, which will expand their competencies and services. By adding capacity, this lab will be able to provide its internal customers with faster turn-around times and also will reduce the workload sent to the state lab. PURPOSE AREA: I ® Forensic Science Improvement ra im`tdvF tame lrri timt PROJECT ELIGIBILITY: The Paul Coverdell program is an on-going program funded through the National Institute of Justice and is focused on improving the quality and timeliness of forensic science activities within the state. This year funds will be used by the Colorado Bureau of Investigation to retain lab accreditation. Funds will also be directed to two local forensic labs to improve and expand their operational capabilities. These improvements are focused on reducing backlogs and turn-around times for forensic examination activities. Application Due Date: N/A ' + itF i Submit your application to: App # Division of Criminal Justice Attn: OAJJA—JAG Grant# g5-p/U -0 / -a- / - 700 Kipling Street, Suite 1000 Denver, CO 80215 Award Amount d3r40O Colorado Division of Criminal Justice-Coverdell 2005 SECTION II - PROJECT DESCRIPTION 1. PROBLEM STATEMENT The Greeley/Weld County Forensic Lab is a joint operation of the Greeley Police Department and the Weld County Sheriff. The lab needs to expand its capacity to process digital audio and video evidence and is requesting funds for a new digital video and audio processing system that is designed specifically for law enforcement use. The demand for video image and audio enhancement has grown dramatically. There are currently at least 210 video items in the backlog for these two agencies, with each agency prioritizing their processing requests as best they can. However, the lab currently only has one older system for processing this evidence, and the slow processing speed of this equipment creates a bottleneck for the examiners. Multiple lab personnel are qualified to use this equipment, and there have been many times when one digital evidence examiner is waiting for the other to finish so he can start another case. Due to the age of the equipment, many examination processes must be run overnight, taking many hours to complete. With gang activity and violent crime on the increase in the county, video evidence is often crucial in identifying individuals. To address this problem, the Greeley/Weld Forensic Lab is requesting funds to acquire a new, high performance digital evidence processing system, the Avid Adrenaline system. Acquisition of this equipment will make two systems available to the two examiners currently on staff, and will make the Digital Evidence Unit as efficient and effective as possible. 2. PROJECT PLAN - GOALS AND OBJECTIVES GOAL 1: Greeley/Weld County Project—Acquisition Testing and Implementation TIME FRAME OBJECTIVE 1.1: Delivery of System Second Quarter OBJECTIVE 1.2: Testing/Validation of System Third Quarter OBJECTIVE 1.3: Full Status and Backlog reduction (Number of cases) Fourth Quarter GOAL 2: Greeley/Weld County Project— Establish performance baselines and TIME FRAME measure performance improvements OBJECTIVE 2.1: Design data collection instrument and establish baseline Second Quarter OBJECTIVE 2.2: Measure performance improvements and report Quarterly OBJECTIVE 2.3: Complete project evaluation report Fourth Quarter Project Outcomes (Expected Results): The principal measure of the success of this project will be the successful use of this equipment to address the current backlog of cases, and to position the lab to promptly address future requests for digital evidence examination. Implementation of this equipment will increase the capacity of services offered by the Greeley/Weld County Forensic Lab and translate into improvement in the quality and timeliness of services. With the addition of this capacity, service requests to other agencies, such as the CBI forensic lab, will be reduced thereby decreasing the workload placed upon that agency. Two performance measures will be monitored for this project. The existing backlog will be reduced or eliminated. As noted above, more than 220 items of evidence are backlogged pending access to this equipment. The second measure will be the elapsed time from requests for these services until test results are delivered. Baseline measures will be determined prior to project implementation. Performance measures will be gathered and reported quarterly. Implementation Approach: The Greeley/Weld County Forensic Lab currently has two personnel qualified to use this type of equipment. 2 Colorado Division of Criminal Justice-Coverdell 2005 Preliminary steps have been taken to identify the required equipment, and price quotes have been received. Upon award, the agency expects to move quickly to complete the acquisition process in a manner consistent with local policies and federal financial guidelines. Upon implementation, the project will be monitored for improved performance as described above. SECTION III - BUDGET 1. PERSONNEL/OVERTIME TOTAL Subtotal $ 2. SUPPLIES AND OPERATING (e.g., office supplies, software (regardless of TOTAL cost), training materials, research forms, telephone, tuition, normal equipment maintenance contracts, postage, etc.) Subtotal $ 3. TRAVEL(Itemize travel expenses for project personnel by purpose (e.g., to TOTAL attend training sessions, to transport clients, etc.) Subtotal $ 4. EQUIPMENT (per unit cost greater than $5,000 and expected durability greater TOTAL than one year) Ocean Systems Rackmount with Avid Adrenaline $23,000 Subtotal $ 5. CONSULTANT AND PROFESSIONAL SERVICES TOTAL Subtotal TOTAL $23,000 BUDGET NARRATIVE 1. Personnel: 2. Supplies and Operating: 3. Travel: 4. Equipment: The cost of the equipment requested is based upon quotes that have been received by the agency for this item. The requirements for this equipment are identified and explained in the project narrative and budget detail. 5. Consultants/Contracts: 3 Colorado Division of Criminal Justice-Coverdell 2005 SECTION IV - FINANCIAL MANAGEMENT A. Please provide the date of your last independent audit or financial review: (MA/f,/ ao05 Has a copy been previously submitted to DCJ? t/ YES / NO. If YES, to which program? V; m Include one copy of your 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.) ENO Does your accounting system separate ALL revenues and expenditures by funding YS source? ONO Does your system track revenues and expenditures for each grant award separately S through a sub-ledger system? ONO Does your system allow expenditures to be classified by the broad budget categories YBS listed in the approved budget in your grant, i.e. Personnel, Supplies and Operating, Travel, Equipment and Professional Services? ❑ RAO Do you reconcile sub-ledgers to your general ledger at least monthly? YES LINO Do you mark your invoices with the grant number? ES ENO Do you maintain time sheets, signed by the employee and supervisor for each S employee paid by DCJ grant funds? ONO Do you have written financial policies and procedures in place? YE ENO Do you have accounting internal controls in place, such as separation of duties, two ?,‘S signatures on certain checks, reconciliations or other reviews? 4 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES RECEIVED QY DCJ 8 2005 CHECK BELOW TO INDICATE WHICH CATEGORY BEST DESCRIBES YOUR AG NCY: Inter-Governmental Grant Grant to a Colorado State Agency 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• Paul Coverdell Forensic Science Improvement Program. From the United States Department of Justice, National Institute of Justice, under federal statutory authority part BB of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3797j , a. seq., as amended, and under applicable program rules and regulations established by said federal program office for the Paul Coverdell Forensic Science Improvement Program. A. STANDARD STATE SPECIAL PROVISIONS Revised Date: April 1,2004 1. CONTROLLER'S APPROVAL. CRS§24-30-202(1) This subgrant award shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as may be designated. 2. FUND AVAILABILITY.CRS§24-30-202(5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available. 3. INDEMNIFICATION. FOR NON-INTERGOVERNMENTAL GRANTS ONLY: a. The Subgrantee 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 incurred as a result of any act or omission by the Subgrantee, or its employees, agents, subcontractors, or assignees pursuant to the terms of this subgrant award. FOR INTERGOVERNMENTAL GRANTS ONLY: b. Indemnity: To the extent authorized by law, the Subgrantee shall indemnify, save, and hold harmless the State against any and all claims,damages, liability and court awards including costs, expenses,and attorney fees incurred as a result of any act or omission by the Subgrantee,or its employees, agents, subcontractors,or assignees pursuant to the terms of this subgrant award. c. 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 for the parties, of the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. or the Federal Tort Claims Act, 28 U.S.C. 2671, et seq. as applicable, as now or hereafter amended. Pagel of9 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES 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 NOR ANY AGENT, SUB- CONTRACTOR, OR EMPLOYEE OF THE SUBGRANTEE SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE BY VIRTUE OF THIS SUBGRANT. SUBGRANTEE SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS GRANT. SUBGRANTEE ACKNOWLEDGES THAT THE SUBGRANTEE AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE SUBGRANTEE OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. SUBGRANTEE 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 SHALL PROVIDE AND KEEP IN FORCE WORKERS COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW. SUBGRANTEE AGENCY SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF ITS EMPLOYEES, INDEPENDENT SUB- CONTRACTORS AND AGENTS. 5. NON-DISCRIMINATION. The Subgrantee 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 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:) Pursuant to CRS 24-30-202.4(as amended), the State Controller may withhold 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) owed amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the 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 of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. 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 United States copyright laws or applicable licensing restrictions. The Subgrantee hereby certifies that, for the term of this subgrant and any extensions,the Subgrantee has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Subgrantee 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 United States copyright laws or applicable licensing restrictions. Page2 of 9 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES B. GRANT REQUIREMENTS 1. FINANCIAL& ADMINISTRATIVE MANAGEMENT a. The Subgrantee assures that fund accounting, auditing, monitoring, evaluation procedures and such records as necessary will be maintained to assure adequate internal fiscal controls, proper financial management, efficient disbursement of funds received, and maintenance of required source documentation for all costs incurred. These principles must be applied for all costs incurred whether charged on a direct or indirect basis. b. All expenditures must be supported by appropriate source documentation. Only actual, approved, allowable expenditures will be permitted. c. The Subgrantee assures that it will comply with the provisions of the current applicable Administrative Guide of the Division of Criminal Justice which is hereby incorporated by reference. However, such a guide cannot cover every foreseeable contingency, and the Subgrantee is ultimately responsible for compliance with applicable state and federal laws,rules and regulations. 2. PAYMENT&REPORTING a. The Division of Criminal Justice will pay the Subgrantee the reasonable and allowable costs of performance, in accordance with current Colorado State Fiscal Rules, not to exceed the amount specified herein as the Total Award Amount. b. The Division's requirements for invoice, advance payments, and cost reporting submissions are contained in the 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 assures that it shall maintain data and information to provide accurate quarterly program and financial reports to the Division. Said reports shall be provided in such form, at such times, and containing such data and information as the Division of Criminal Justice reasonably requires to administer the program. e. The Subgrantee 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 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 fails to comply with conditions and certifications contained in this grant award. 3. PROCUREMENT AND CONTRACTS a. The Subgrantee assures that open, competitive procurement procedures will be followed for all purchases under the grant. All contracts for professional services, of any amount, and equipment purchases over five thousand dollars (per item, with a useful life of at least one year)must receive prior approval by the Division of Criminal Justice. b. The Subgrantee assures that no contract or agreement will be made for execution of project activities or provisions of services(other than purchase of supplies or standard commercial or maintenance services)that is not incorporated in the approved application or approved in advance by the Division of Criminal Justice. c. The Subgrantee assures that contractors/vendors who assist the Subgrantee to develop specifications, requirements, statements of work and/or Request For Proposal for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement. d. The Subgrantee assures that where activities supported by this subgrant produce any discovery or invention, original computer programs, writing, sound recordings, pictorial reproductions, drawing or other graphical representation and works of any similar nature,the following requirements apply: i. The Division of Criminal Justice has the right to use,duplicate and disclose,the above material in whole or in part in any manner for any purpose whatsoever and authorize others to do so. ii. If the material or invention is copyrightable, the Subgrantee may copyright such, but the Division of Criminal Justice reserves a perpetual, royalty-free, non-exclusive and irreversible license to practice, reproduce,publish and use such materials in whole or in part, and authorize others to do so. iii. When issuing statements, press releases, requests for proposals, bid solicitations, and other published documents describing projects or programs funded in whole or in part with these grant funds, all Subgrantees must clearly: Page3 of 9 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES a) State the percentage of the total cost of the program or project, which will be financed with this grant money; b) State the dollar amount of state or federal funds for the project or program; c) Use the phrase-"This project was supported by grant# ,issued by the Colorado Division of Criminal Justice." e. The Subgrantee may not assign its rights or duties under this grant without the prior written consent of the Division of Criminal Justice. 4. AUDIT,RECORD-KEEPING,AND MONITORING/INSPECTION a. The Subgrantee assures that it will procure an audit or financial review by a CPA or licensed public accountant incorporating the subgrant. If the agency expends more than$500,000 per year in combined federal funds, an audit must be conducted in accordance with OMB Circular A-133 (Audits of States, Local Governments, and non-profit organizations). 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. ii. The Subgrantee accepts responsibility for the costs of a financial program audit to be performed by the Department of Public Safety in the event that the audit report or financial review: a) does not meet the applicable A-133 or DCJ standards; b) is not submitted in a timely manner;or, c) does not provide an audit response plan with corresponding corrections made sufficient to satisfy any audit findings. b. The Subgrantee assures that: i. It will retain all project records,as will facilitate an effective audit, for seven years after the end of the state fiscal year that includes the end date of the grant. (For example if the grant ended 9/30/91, the state FY would be July 1, 1991-June 30, 1992. The files could be destroyed after 6/30/99);except, ii. If an audit is in progress and/or the findings of a completed audit have not been resolved satisfactorily,then records must be retained beyond the seven-year period until such issues are resolved. c. The Subgrantee assures that it will keep copies of all documents, correspondence, and required receipts related to this subgrant in a separate file bearing the project title and grant number. d. The Division may periodically request submission of supporting financial and programmatic documentation, subcontracts, general and sub-ledgers for the purpose of monitoring compliance with the grant award via desk review, or in preparation for an on-site monitoring visit. Routine or special on-site visits may be conducted at the subgrant agency,and at the location of any collaborating entities, for the same purpose. Subgrantees will be notified in advance of any on-site monitoring visit. e. The Subgrantee assures that the Division of Criminal Justice, Colorado Department of Public Safety, shall have access for purposes of monitoring, audit and examinations to any bonds, documents, papers and records of the Subgrantee and to relevant books and records of subcontractors of the Subgrantee. It is the responsibility of the Subgrantee to notify any of its project collaborators and subcontractors of these provisions. f. The Subgrantee assures that signatories of the application and subgrant award and personnel employed through this subgrant will appear when requested at any administrative hearing, monitoring site visit, conference or meeting conducted by the Division of Criminal Justice. 5. COLORADO VICTIM RIGHTS ACT a. The Subgrantee assures that the application signatories,all staff and all volunteers assigned to the funded project have read and understand the rights afforded to crime victims pursuant to §24-4.1-302.5 C.R.S.,and the services delineated pursuant to §§24-4.1-303 and 24-4.1-304 C.R.S.,commonly known as the Victim Rights Act,and enabling legislation. 6. TERMINATION or REDUCTION IN GRANT AWARD The Division will monitor the performance of the Subgrantee against goals and performance standards required herein. The Division will provide reasonable technical assistance to the Subgrantee concerning project goals, performance standards and subgrant requirements; however, substandard performance as determined by the Division will constitute noncompliance with this grant award. Substandard performance may result in termination or reduction of grant award as follows: Page4 of 9 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES a. Reduction In Grant Award Amount for Cause i. The Division may reduce the total Statement of Grant Award amount for cause, without compensation for reduction costs. ii. If the state reduces the grant amount for cause, it will first give ten (10) days written notice to the Subgrantee, stating the reasons for reduction, steps taken to correct the problems, and the date the subgrant award amount will be reduced in the event problems have not been corrected to the satisfaction of the Division. iii. In the event this grant is reduced for cause, the Division will only reimburse the Subgrantee for acceptable work or deliverables received up to the date of reduction. iv. In the event this grant is reduced for cause, final payment to the Subgrantee may be withheld at the discretion of the Division until completion of final Division review. b. Termination for Convenience: i. Either party may terminate the grant with thirty days written notice of intent to cancel or terminate. ii. The grant may be terminated by the Division if it is in the best interest of the state of Colorado to terminate the grant. iii. If the grant is terminated for convenience by either the Subgrantee or the state,the Subgrantee shall be paid the necessary and allowable costs incurred through the date of termination, but not exceeding a prorated amount based on the number of days of project operation prior to the date of termination. c. Termination for Cause: i. The Division may terminate the grant for cause without compensation for termination costs. ii. If the state terminates the grant for cause, it will first give ten (10) days written notice to the Subgrantee, stating the reasons for termination, steps taken to correct the problems, and the date the subgrant will be terminated in the event problems have not been corrected to the satisfaction of the Division. Hi. In the event this grant is terminated for cause, the Division will only reimburse the Subgrantee for acceptable work or deliverables received up to the date of termination. iv. In the event this grant is terminated for cause, final payment to the Subgrantee may be withheld at the discretion of the Division until completion of final Division review. d. Any equipment purchased under this grant would revert, at the option of the Division, to the Division of Criminal Justice upon termination of the grant for any of the above reasons. 7. ORDER OF PRECEDENCE a. 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 hereby agrees that it will comply, and all of its contractors will comply with the applicable provisions of: i. Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; ii. The Juvenile Justice and Delinquency Prevention Act and/or the Victims of Crime Act,as appropriate; iii. All other applicable Federal laws,orders,circulars,regulations or guidelines. b. The Subgrantee agency hereby agrees that it will comply, and all of its contractors will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including: i. Part 18,Administrative Review Procedure; H. Part 20,Criminal Justice Information Systems; Hi. 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 42 Nondiscrimination/Equal Employment Opportunity Policies and Procedure; Page5 of 9 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES 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. Subgrantee assures that it will comply with appropriate federal cost principles and administrative requirements applicable to grants as follows: i. For state,local or Indian tribal government entities; a) OMB Circular A-87,Cost Principles for State, Local&Indian Tribal Governments b) OMB Circular A-102, Common Rule-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments ii. For non-profit organizations; a) OMB Circular A-122, Cost Principles for Non-Profit Organizations b) OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations 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 iv. For each agency spending more than$500,000 per year in federal funds from all sources; a) OMB Circular A-133,Audits of States, Local Governments and Nonprofit Organizations b. The Subgrantee assures that it will comply with the provisions of the Office of the Comptroller, Office of Justice Programs OC Financial Guide for Grants, current edition. (For practical purposes, the requirements pertinent to the management of these funds have been extracted from the above documents and are contained in the current applicable Administrative Guide of the Division of Criminal Justice, which is hereby incorporated by reference. However,such a guide cannot cover every foreseeable contingency,and the Subgrantee is ultimately responsible for compliance with applicable state and federal laws,rules and regulations.) 3. NON-SUPPLANTING OF FUNDS(Governmental Agencies Only) a. The Subgrantee certifies that any required matching funds used to pay the non-federal portion of the cost of this subgrant are in addition to funds that would have otherwise been made available for the purposes of this project. b. The Subgrantee certifies that federal funds made available under this grant: i. Will not be used to supplant state or local funds; ii. That the Subgrantee's expenditures for the purpose described in this application for the annual period are as great as for the preceding year plus the average annual increment in such expenditures for the past two, three,four or five years;OR iii. Where the certification above(3bii)cannot be made,and there is a reduced or unchanged local investment, then the Subgrantee shall give a written explanation demonstrating that the Subgrantee's reduced or unchanged commitment would have been necessitated even if federal financial support under this federal grant program had not been made available. 4. CERTIFICATION REGARDING LOBBYING (Subgrantees receiving$100,000 or more in total federal funds per year. See 28 CFR Part 69.) The prospective Subgrantee certifies,by submission of this proposal,that: a. No federal funds received through this subgrant will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any federal grant or cooperative agreement;and, b. If any funds other than funds through this subgrant will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this subgrant, the prospective Subgrantee shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities." 5. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION (Subgrantees receiving$100,000 or more in total federal funds per year. See, 28 CFR Part 6.) a. The prospective Subgrantee certifies, by submission of this proposal, that neither it nor its principals, subcontractors or suppliers are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Page6 of 9 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES 6. CERTIFICATION REGARDING DRUG FREE WORKPLACE (See, 28 CFR Part 67, Subpart F.) a. The prospective Subgrantee certifies, by submission of this proposal, that it will comply with the Drug Free Workplace Act of 1988,as implemented at 28 CFR Part 67,Subpart F. 7. CIVIL RIGHTS COMPLIANCE (See, 28 CFR Part 42.) a. Upon award, each Subgrantee will be provided DCJ's Form 30, entitled "Certification of Compliance with Regulations Regarding Federal Civil Rights Requirements and Equal Employment Opportunity Plans (EEOP), and will be required to do the following: i. The Project Director must submit the form to the Subgrantee agency's Authorized Official for this grant; ii. The Authorized Official must review the form in conjunction with subgrant agency personnel responsible for reporting civil rights findings of discrimination; iii. The Authorized Official must accurately complete the required information and provide all information requested; iv. The Authorized Official must provide an original signature on the form as indicated;and, v. The DCJ 30 Form with original signature must be returned to the Division with the Statement of Grant Award(SOGA). b. Any subgrant agency findings of discrimination must be reported to the Division of Criminal Justice within 45 days of receipt of this grant award, and to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. 8. NON-DISCRIMINATION a. The following federal non-discrimination cites apply in particular: the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended;Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act of 1990,42 U.S.C. 12101,et.seq. and Department of Justice Regulations on Disability Discrimination,28 CFR Part 35 and Part 39;Title IX of the Education Amendments of 1972;the Age Discrimination Act of 1975;the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; and Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations,41 CFR Part 60.1 et. seq., as applicable to construction contracts. 9. NATIONAL ENVIRONMENTAL POLICY ACT(NEPA)AND NATIONAL HISTORIC PRESERVATION ACT (NHPA)COMPLIANCE (42 USC§§4321-4370 and 16 USC§470) a. The Subgrantee agrees to assist the Division of Criminal Justice and the Office of Justice Programs, U.S. Department of Justice, in complying with the National Environmental Policy Act,the National Historic Preservation Act (NHPA) and other related federal environmental impact analyses requirements in the use of these grant funds either directly by the Subgrantee or by a subcontractor.As long as the activity needs to be undertaken in order to use these grant funds, this NEPA requirement first must be met whether or not the activities listed below are being specifically funded with these grant funds. The activities covered by this special condition are: b. New construction; c. Minor renovation or remodeling of a property either listed on or eligible for listing on the National Register of Historic Places,or located within a 100-year flood plain; d. Renovation, lease or any other proposed use of a building or facility that will either result in a change in its basic prior use,or significantly change its size. e. Implementation of a new program involving the use of chemicals other than chemicals that are either purchased as an incidental component of a funded activity and traditionally used,for example, in office,household,recreational or educational environments. 10. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (This provision applies only to entities that provide medical care and treatment) a. The Subgrantee acknowledges that it is a covered health care provider under the Health Insurance Portability and Accountability Act,42 U.S.C. 1320d-1320d-8, and its implementing regulations and agrees to comply with the requirements of HIPAA concerning any uses and disclosures of protected health information. D. 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. 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. Pagel of 9 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES 1. Right of Privacy for Recipients of Services and Sharing of Information The prospective subgrantee certifies,by submission of this proposal,that a. Pursuant to Section 223(a)(18) of the JJDP 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. Section 1232g), as amended by the Improving America's Schools Act of 1994 (IASA). FERPA allows schools to play a vital role in a community's efforts to identify children who are 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 of Records and Information Act," 19- 1-301 et seq., Colorado Revised Statutes(1996),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 interest. RETURN: ALL SETS of the Statement of Grant Award with ORIGINAL SIGNATURES to: Division of Criminal Justice,Office of Drug Control and System Improvement, 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. Page8 of 9 SPECIAL PROVISIONS AND CERTIFIED ASSURANCES 26. SIGNATURE PAGE ->->->TO BE COMPLETED BY ALL APPLICANTS (ORIGINAL SIGNATURES REQUIRED-Please sign in BLUE ink. See instructions for description of proper signatories.) The Subgrantee and responsible signatories certify by signing that they have read the Application including the Special Provisions and Certified Assurances, and are fully cognizant of their duties and responsibilities for this project. The Subgrantee understands and agrees that any subgrant award received as a result of this application shall incorporate by reference the information contained herein. Responsibility for narrative and fiscal reporting requirements are delegated to the designated Project Director,who will sign all such reports. This delegation is for purposes of reporting to the Division and for operational ease, and in no way limits the authority and responsibility of the Authorized Official. In accordance with the Colorado Revised Statutes 24-72-202.6,information supplied in this application is considered a public record. AUTHORIZED OFFICIAL Name .UrLLMay Se-i ,ee Position afaign4A-Ai enter, C N 41rJi1?t 55/e.r1E.QS Agency a EL CO L.& j Mailing Address '�� City,State,Zip Co / Telephone# 97o - 3& — 14Oa1 X 41200 Fax# p'rO 352 bLtiZ E-mail Address e;rgEK tJ gL , Co , U 5 Signature Date 7PLI,Th 10/26/2005 �,f �� �FINANCIAL OFFICER Name gr, ,C-' f L!aErnaisoritl Position Pa ea../c .S/W7 SK,2e.4•L 72F{'r EF Agency tOFL9 eau.", w S/r�,e/9r'> O tCa- Mailing Address /1 CO .O " City,State,Zip ,gEE c cPEOZ 3 1 Telephone# P7o _ ._ Voi r / Zip f Fax# 970 - 3oc1_ o$5/o 7 E-mail Address 7, rtieT/bri.efrf Co , Co . US Signature Date /D-Z'j�-dam �t PROJECT DIRECTOR Name LAIL'- 1 Pr. J nSc≥..c r'4 Position bI12 ac& Agency Ct't'- 1-&'I - (E}6-c c-ovkati foR4-,&c - (AV) Mailing Address 19SU " 0i° Si . City,State,Zip Cs el co QD(031 Telephone# CI l0— tt:11 X 44S-7— Fax# ` 10 .331 12- $ E-mail Address Q > c7 n n (NCJ4X L0 . 44.4— Signature Date Page9 of 9 Hello