HomeMy WebLinkAbout20242816.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL GRANT AGREEMENT AWARD LETTER,
CERTIFICATION OF COMPLIANCE FORM, AND LOBBYING AGREEMENT FOR
VICTIMS OF CRIME ACT (VOCA) PROGRAM CRIME VICTIM COMPENSATION FUND,
AND AUTHORIZE CHAIR AND 19TH JUDICIAL DISTRICT ATTORNEY'S OFFICE 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 Intergovernmental Grant Agreement
Award Letter, Certification of Compliance Form, and Lobbying Agreement for the Victims of Crime
Act (VOCA) Program Crime Victim Compensation Fund 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 Department of Public Safety, Division of
Criminal Justice, commencing upon full execution of signatures, and ending September 30, 2025,
with further terms and conditions being as stated in said agreements and certification form, and
WHEREAS, after review, the Board deems it advisable to approve said agreements and
certification form, 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 Intergovernmental Grant Agreement Award Letter, Certification of
Compliance Form, and Lobbying Agreement for the Victims of Crime Act (VOCA) Program Crime
Victim Compensation Fund 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 Department of Public Safety, Division of Criminal Justice, be, and hereby
are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreements, and Karol Patch, 19th Judicial District Attorney's Office, and
Marci Hoffman, Court Administrator, be, and hereby are, authorized to sign said certification form.
cc :DA (EA/Kr), Ptc.T(c-P/cD)
01/16/25
2024-2816
DA0028
INTERGOVERNMENTAL GRANT AGREEMENT AWARD LETTER, CERTIFICATION OF
COMPLIANCE FORM, AND LOBBYING AGREEMENT FOR VICTIMS OF CRIME ACT (VOCA)
PROGRAM CRIME VICTIM COMPENSATION FUND
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of October, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY RADO
ATTEST: d,,eticiA)
..ef,...;t,t�
Weld County Clerk to the Board
BY. • ( ,(,i) cJL
Deputy Clerk to the Board
APP:'VED
County i' :rney
Date of signature: 'v17A 1214
Kevin D. Ross, Chair
Perry
(O/ -X
Bck, Pro-Tem
ike F eeman
James
Saine
2024-2816
DA0028
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Crime Victim Compensation Federal Funding
DEPARTMENT: District Attorney's Office
PERSON REQUESTING: Michael Rourke
DATE: 10/7/24
Brief description of the problem/issue: Crime Victim Compensation (CVC) applicant requests and payments
are currently exceeding the income from the 19th Judicial District offender fines and fees.
Federal funding through the Colorado Department of Public Safety, Division of Criminal Justice is specifically
designated for Colorado Crime Victim Compensation programs. These funds, compiled from federal criminal
prosecutions, are pass -through for the 19th Judicial District Attorney's Office and held in Judicial Accounts. The
Division of Criminal Justice is recommending an allocation of $420,000 for the 19th Judicial District.
What options exist for the Board? The funds can either be accepted or declined.
Consequences: If funds are not accepted, the current expense distribution for victims of violent crime
in Weld County is not sustainable. The CVC Board will need to severely limit amounts allowed for
funeral/burial, mental health counseling, medical, immediate safety, and lost wages.
Accepting funding will allow the program to continue paying expenses on behalf of eligible victims at the
current policy rates. The federal funds will bring an additional administrative funding of 20%, $84,000, to
pay for the current CVC administrative duties in the District Attorney's Office.
Impacts: Victims of crime in Weld County will not receive needed resources for funeral/burial, medical,
mental health, safety needs and lost income if funding is not accepted.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): These funds are pass -through
funds for Weld County. The 19`" Judicial District Courts will deposit and distribute funding. There are no
Weld County accounting costs incurred, but there will be some limited additional work on the
administration of the program to-allocate-the�unds-andfor reporting.
Recommendation:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross , Chair
Lori Saine
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
viettviikut
2024-2816
(0113
Karla Ford
From:
Sent:
To:
Subject:
Yes
Lori Saine
Lori Saine
Tuesday, October 8, 2024 8:58 AM
Karla Ford
RE: Please Reply - Weld Victim Compensation Pass Around
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
Email: lsainePweldgov.com
Website: www.co.weld.co.us
In God We Trust
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Karla Ford <kford@weld.gov>
Sent: Tuesday, October 8, 2024 8:18 AM
To: Lori Saine <lsaine@weld.gov>
Subject: Please Reply - Weld Victim Compensation Pass Around
Importance: High
Please advise if you support recommendation and to have department place on the agenda.
Karla Ford R
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
1
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation
DCJ Grant #: 22 -VC -19
GRANT AWARD LETTER
(Intergovernmental Grant Agreement)
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
COVER PAGE
State Agency
Department of Public Safety, Division of Criminal Justice
DCJ Grant Number
22 -VC -19
Grantee
Weld County
Federal Unique Entity Identifier (UEI)
MKKXT9U9MTV5
Is this Award for Research and Development (R&D)?
No
Grant Issuance Date (Start Date)
October 1, 2024
Grant Expiration Date (End Date)
September 30, 2025
Grant Amount
Federal Award # 15POVC-22-GG-00568-COMP $420,000.00
Total Grant Funds Awarded: $420,000.00
Local Match Amount
Federal Award # 15POVC-22-GG-00568-COMP $0.00
Total Match Required: $0.00
Total Grantee Match Required: 0%
Agreement Authority (State Authority)
The Division of Criminal Justice is authorized to disburse these
funds by Colorado Revised Statute 24-33.503 and 507.
Grant Description
This grant award provides funds from the federal Victims of
Crime Act (VOCA-Victim Compensation) to enhance state
victim compensation payments to eligible victims of crime
and survivors of victims of crime for expenses allowed
under the Colorado Crime Victim Compensation Act.
Grant Purpose
The Federal Victims of Crime Act (VOCA) Program allows agencies to support activities that provide a broad range of
direct services to victims of crime under the Colorado Crime Victim Compensation Act. The Victim's Compensation grant
funds are awarded to eligible agencies on a non-competitive formula basis.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
1. Exhibit Al, Sample Option Letter.
2. Exhibit A2, Sample Grant Funding Change Letter
3. Exhibit B, Grant Requirements.
4. Exhibit C, Special Conditions.
5. Exhibit D, Statement of Work.
6. Exhibit E, Budget.
7. Exhibit F, Federal Requirements.
In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
I. Exhibit F, Federal Requirements.
2. Exhibit C, Special Conditions.
3. The provisions of the other sections of the main body of this Agreement.
4. Colorado Special Provisions in §17 of the main body of this Grant
5. Exhibit B, Grant Requirements.
6. Exhibit D, Statement of Work.
7. Exhibit E, Budget.
Page 1 of 17
OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation
DCJ Grant #: 22 -VC -19
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Award Office
U.S. Department of Justice (US DOJ), Office of Justice Programs Office (OJP), Office for
Victims of Crime (OVC)
Grant Program
2022 VOCA Victim Compensation Formula Grant
CFDA
16.576 — Crime Victim Compensation
Federal Award Number(s)
15POVC-22-GG-00568-COMP
Federal Award Date
08/25/2022
Federal Statutory
Authority
This project is supported under OVC FY2022 VOCA Victim Compensation Formula Grant
34 U.S.C. §20102
Total Amount of Federal
Award (this is not the
amount of this grant
agreement)
$6,770,000.00
Page 2 of 17 OSC 07/2024 (DCJ 07/17/2024)
Docusign Envelope ID: A3F77AD1-B5B1-4CB1-8245-1888BBBF1800
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation
DCJ Grant #: 22 -VC -19
SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement
and to bind the Party authorizing such signature.
GRANTEE
Weld County
ESigned by:
w Less
E04"a7D612AE"O7
By: Kevin D. Ross, Board Chair of Weld County
Date:
Commissioners
11/18/2024 I 2:30:15 PM MST
STATE OF COLORADO
Jared S. Polis, Governor
Department of Public Safety
Stan Hilkey, Executive Director
Dun
Matthew M. Lunn, PhD, Director
Date:
11/21/2024 16:20:25 AM PST
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
DoauSigned by:
c
litit B m-4
By: Lyndsay J. Clelland, Grant Coordinator, Division of Criminal Justice
11/21/2024 I 8:56:33 AM MST
Effective Date:
Page 3 of 17 OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
TABLE OF CONTENTS
COVER PAGE 1
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD 2
SIGNATURE PAGE 3
TABLE OF CONTENTS 4
1. GRANT 4
2. TERM 4
3. DEFINITIONS 5
4. STATEMENT OF WORK 8
5. PAYMENTS TO GRANTEE 8
6. REPORTING - NOTIFICATION 9
7. GRANTEE RECORDS 10
8. CONFIDENTIAL INFORMATION -STATE RECORDS 10
9. CONFLICTS OF INTEREST 12
10. INSURANCE 12
11. REMEDIES 12
12. DISPUTE RESOLUTION 12
13. NOTICES AND REPRESENTATIVES 12
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 13
15. GOVERNMENTAL IMMUNITY 13
16. GENERAL PROVISIONS 13
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) 15
EXHIBIT Al, SAMPLE OPTION LETTER 1
EXHIBIT A2, GRANT FUNDING CHANGE LETTER 1
EXHIBIT B, GRANT REQUIREMENTS 1
EXHIBIT C, SPECIAL CONDITIONS 1
EXHIBIT D, STATEMENT OF WORK 1
EXHIBIT E, BUDGET 3
EXHIBIT F, FEDERAL REQUIREMENTS 1
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter
(the "State") hereby obligates and awards to Grantee shown on the first page of this Grant Award
Letter (the "Grantee") an award of Grant Funds in the amounts shown on the first page of this
Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter,
Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Grant Award Letter shall commence on the
Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter in accordance with §16.D
Page 4 of 17 OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, Federal or other funds used
for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund
this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter
in whole or in part by providing written notice to Grantee that includes, to the extent
practicable, the public interest justification for the termination. If the State terminates this
Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the
total reimbursement payable under this Grant Award Letter that corresponds to the Work
satisfactorily completed, as determined by the State, less payments previously made. This
subsection shall not apply to a termination of this Grant Award Letter by the State for breach
by Grantee.
C. Grantee's Termination Under Federal Requirements
Grantee may request termination of this Grant by sending notice to the State which includes
the reasons for the termination and the effective date of the termination. If this Grant is
terminated in this manner, then Grantee shall return any advanced payments made for work
that will not be performed prior to the effective date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget" means the budget for the Work described in Exhibit E, Budget.
B. "Business Day" means any day in which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1) C.R.S.
C. "CJI" means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including, without limitation, all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under §24-72-302 C.R.S.
D. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S.
E. "Grant Award Letter" means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future updates thereto.
F. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
G. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
H. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this Grant
Award Letter.
I. "Exhibits" exhibits and attachments included with this Grant as shown on the first page of
this Grant
Page 5 of 17 OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
J. "Extension Term" means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Grant Award Letter
K. "Federal Award" means an award of Federal financial assistance or a cost -reimbursement
contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the
Recipient. "Federal Award" also means an agreement setting forth the terms and conditions
of the Federal Award. The term does not include payments to a contractor or payments to an
individual that is a beneficiary of a Federal program.
L. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient. See Federal Award(s) Applicable to this Grant.
M. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired, produced,
or delivered by Grantee in connection with the Services.
N. "Incident" means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any State Records.
0. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Expiration Date.
P. "Matching Funds" means the funds provided Grantee as a match required to receive the
Grant Funds.
Q. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
R. "PCI" means payment card information including any data related to credit card holders'
names, credit card numbers, or the other credit card information as may be protected by state
or federal law.
S. "PII" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual's identity, such as name, social security number, date and place of birth,
mother's maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §§24-72-501 and 24-73-101 C.R.S. "PII" shall also mean
"personal identifying information" as set forth at § 24-74-102, et. seq., C.R.S.
T "PHI" means any protected health information, including, without limitation any information
whether oral or recorded in any form or medium: (i) that relates to the past, present or future
physical or mental condition of an individual; the provision of health care to an individual;
or the past, present or future payment for the provision of health care to an individual; and
(ii) that identifies the individual or with respect to which there is a reasonable basis to believe
the information can be used to identify the individual. PHI includes, but is not limited to, any
information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
U. "Recipient" means the State Agency shown on the first page of this Grant Award Letter, for
the purposes of the Federal Award.
Page 6 of 17 OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
V. "Services" means the services to be performed by Grantee as set forth in this Grant Award
Letter, and shall include any services to be rendered by Grantee in connection with the Goods.
W. "State Confidential Information" means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII, PHI,
PCI, Tax Information, CJI, and State personnel records not subject to disclosure under
CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has
been communicated, furnished, or disclosed by the State to Grantee which (i) is subject to
disclosure pursuant to CORA; (ii) is already known to Grantee without restrictions at the time
of its disclosure to Grantee; (iii) is or subsequently becomes publicly available without breach
of any obligation owed by Grantee to the State; (iv) is disclosed to Grantee, without
confidentiality obligations, by a third party who has the right to disclose such information; or
(v) was independently developed without reliance on any State Confidential Information.
X. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
Y. "State Fiscal Year" means a 12 -month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
Z. "State Records" means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
AA. "Sub -Award" means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded
in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow
down to this Sub -Award unless the terms and conditions of the Federal Award specifically
indicate otherwise.
BB. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
the Work. This establishes a procurement relationship. The subcontractor provides goods or
services for the benefit of the purchaser.
CC. "Subgrantee" means third -parties, if any, engaged by Grantee or Subgrantee to aid in
performance of the Work. This establishes a grant relationship. The beneficiary, not the
purchaser, receives benefit from the work. There may be multiple tiers of
subgrantees/subrecipients that do not include procurement transactions.
DD. "Subrecipient" means a state, local government, Indian tribe, institution of higher education
(IHE), or nonprofit organization entity that receives a Sub -Award from a Recipient to carry
out part of a Federal program, but does not include an individual that is a beneficiary of such
program. A Subrecipient may also be a recipient of other Federal Awards directly from a
Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient.
EE. "Tax Information" means Federal and State of Colorado tax information including, without
limitation, Federal and State tax returns, return information, and such other tax -related
information as may be protected by Federal and State law and regulation. Tax Information
includes, but is not limited to all information defined as Federal tax information in Internal
Revenue Service Publication 1075.
FF. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200,
Page 7 of 17 OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
commonly known as the "Super Circular, which supersedes requirements from OMB
Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular
A-50 on Single Audit Act follow-up.
GG. "Work" means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
HH. "Work Product" means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. "Work
Product" does not include any material that was developed prior to the Grant Issuance Date
that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit D and Exhibit E. The State shall have no liability to compensate or
reimburse Grantee for the delivery of any goods or the performance of any services that are not
specifically set forth in this Grant Award Letter.
5. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount
shown on the first page of this Grant Award Letter. Financial obligations of the State payable
after the current State Fiscal Year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or
reimburse Grantee for any Work performed or expense incurred before the Grant Issuance
Date or after the Grant Expiration Date; provided, however, that Work performed and
expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active
Federal Award may be submitted for reimbursement as permitted by the terms of the Federal
Award.
B. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency
or the State to disallow costs and recover funds on the basis of a later audit or other review.
Any cost disallowance recovery is to be made within the Record Retention Period, as defined
below.
C. Matching Funds.
Grantee shall provide the Local Match Amount shown on the first page of this Grant Award
Letter and described in Exhibit E, Budget. Grantee's obligation to pay all or part of any
matching funds, whether direct or contingent, only extends to funds duly and lawfully
appropriated for the purpose of this Agreement by the authorized representatives of Grantee.
Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Grant
Page 8 of 17 OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
Award Letter. Grantee does not by accepting this Grant Award Letter irrevocably pledge
present cash reserves for payments in future fiscal years, and this Grant Award Letter is not
intended to create a multiple -fiscal year debt of Grantee. Grantee shall not pay or be liable
for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required
by Grantee's laws or policies.
D. Reimbursement of Grantee Costs
The State shall reimburse Grantee's allowable costs, not exceeding the maximum total
amount described in this Grant Award Letter for all allowable costs described in this Grant
Award Letter and shown in the Budget, except that Grantee may adjust the amounts between
each line item of the Budget without formal modification to this Agreement as long as the
Grantee provides notice to and receives written approval from the State of the change, the
change does not modify the total maximum amount of this Grant Award Letter or the
maximum amount, and the change does not modify any requirements of the Work. The State
shall reimburse Grantee for the Federal share of properly documented allowable costs related
to the Work after the State's review and approval thereof, subject to the provisions of this
Grant. The State shall only reimburse allowable costs if those costs are: (i) reasonable and
necessary to accomplish the Work and for the Goods and Services provided; and (ii) equal to
the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee
that reduce the cost actually incurred).
E. Close -Out.
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete
close out, Grantee shall submit to the State all deliverables (including documentation) as
defined in this Grant Award Letter and Grantee's final reimbursement request or invoice. The
State will withhold payment of allowable costs until all final documentation has been
submitted and accepted by the State as substantially complete. If the Federal Awarding
Agency has not closed this Federal Award within 1 year and 90 days after the Grant
Expiration Date due to Grantee's failure to submit required documentation, then Grantee may
be prohibited from applying for new Federal Awards through the State until such
documentation is submitted and accepted.
6. REPORTING - NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out described in §5.E, containing an evaluation and review of Grantee's
performance and the final status of Grantee's obligations hereunder.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting the
Federal Award. The State or the Federal Awarding Agency may impose any penalties for
noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include,
without limitation, suspension or debarment.
Page 9 of 17 OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
7. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
all such records during normal business hours at Grantee's office or place of business, unless
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Grant Award
Letter using procedures as determined by the State. Grantee shall allow the State to perform
all monitoring required by the Uniform Guidance, based on the State's risk analysis of
Grantee. The State shall have the right, in its sole discretion, to change its monitoring
procedures and requirements at any time during the term of this Agreement. The State shall
monitor Grantee's performance in a manner that does not unduly interfere with Grantee's
performance of the Work. If Grantee enters into a subcontract or subgrant then the
subcontract or subgrant entered into by Grantee shall contain provisions permitting both
Grantee and the State to perform all monitoring of that subcontractor or subgrantee in
accordance with the Uniform Guidance, and other State procedure.
C. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee's records that relates to or affects this Grant or the Work, whether the
audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform
a single audit under 2 CFR 200.501, et seq., then Grantee shall submit a copy of the results
of that audit to the State within the same timelines as the submission to the federal
government.
8. CONFIDENTIAL INFORMATION -STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subgrantees and Subcontractors to hold and
maintain, any and all State Records that the State provides or makes available to Grantee for
the sole and exclusive benefit of the State, unless those State Records are otherwise publicly
available at the time of disclosure or are subject to disclosure by Grantee under CORA.
Grantee shall not, without prior written approval of the State, use for Grantee's own benefit,
publish, copy, or otherwise disclose to any third party, or permit the use by any third party
for its benefit or to the detriment of the State, any State Records, except as otherwise stated
in this Grant Award Letter. Grantee shall provide for the security of all State Confidential
Information in accordance with all policies promulgated by the Colorado Office of
Information Security and all applicable laws, rules, policies, publications, and guidelines. If
Grantee or any of its Subgrantees or Subcontractors will or may receive the following types
of data, Grantee or its Subgrantees and Subcontractors shall provide for the security of such
data according to the following: (i) the most recently promulgated IRS Publication 1075 for
all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax
Page 10 of 17 OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated
PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the
most recently issued version of the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the
federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA
Business Associate Agreement attached to this Grant, if applicable. Grantee shall
immediately forward any request or demand for State Records to the State's principal
representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns, Subgrantees and
Subcontractors as necessary to perform the Work, but shall restrict access to State
Confidential Information to those agents, employees, assigns, Subgrantees and
Subcontractors who require access to perform their obligations under this Grant Award
Letter. Grantee shall ensure all such agents, employees, assigns, Subgrantees and
Subcontractors sign nondisclosure agreements with provisions at least as protective as those
in this Grant, and that the nondisclosure agreements are in force at all times the agent,
employee, assign, Subgrantees or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding PII
If Grantee or any of its Subgrantees or Subcontractors will or may receive PII under this
Agreement, Grantee shall provide for the security of such PII, in a manner and form
acceptable to the State, including, without limitation, State non -disclosure requirements, use
of appropriate technology, security practices, computer access security, data access security,
Page 11 of 17 OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
data storage encryption, data transmission encryption, security inspections, and audits.
Grantee shall be a "Third -Party Service Provider" as defined in §24-73-103(1)(i), C.R.S. and
shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
In addition, as set forth in § 24-74-102, et. seq., C.R.S., Grantee, including, but not limited
to, Grantee's employees, agents, Subgrantees and Subcontractors, agrees not to share any PII
with any third parties for the purpose of investigating for, participating in, cooperating with,
or assisting with Federal immigration enforcement.
9. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State's interests and absent the State's prior written approval, Grantee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee's obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's consideration. Grantee acknowledges that all State employees are subject to the ethical
principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees
may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant.
10. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that
any Subgrantees and Subcontractors maintain all insurance customary for the completion of the
Work done by that Subgrantee or Subcontractor and as required by the State or the GIA.
11. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails
to comply with any term or condition of this Grant or any terms of the Federal Award, the State
may terminate some or all of this Grant and require Grantee to repay any or all Grant funds to the
State in the State's sole discretion. The State may also terminate this Grant Award Letter at any
time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work
without intent to resume performance, prior to the completion of the Work.
12. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as required or permitted by federal regulations
related to any Federal Award that provided any of the Grant Funds, disputes concerning the
performance of this Grant that cannot be resolved by the designated Party representatives shall be
referred in writing to a senior departmental management staff member designated by the State and
a senior manager or official designated by Grantee for resolution.
13. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
Page 12 of 17 OSC 07/2024 (DCJ 07/17/2024)
C.
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
email to the representative of the other Party. Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this §13.
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
15. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials shall
be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b),
and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of
this Grant Award Letter shall be construed or interpreted as a waiver, express or implied, of any of
the immunities, rights, benefits, protections, or other provisions, contained in these statutes.
16. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee's rights and
obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to the
Work, oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant
Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of
the updated letter. The Parties may also agree to modification of the terms and conditions of
the Grant in a formal amendment to this Grant, properly executed and approved in accordance
with applicable Colorado State law and State Fiscal Rules. Modifications permitted under
this Agreement, shall conform to the policies issued by the Colorado State Controller.
Page 13 of 17 OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
i. The State may, at the State's discretion, use an Option Letter or Grant Funding Change
letter substantially equivalent to Exhibit Al, Sample Option Letter and Exhibit A2,
Sample Grant Funding Change Letter to modify the grant agreement. If exercised,
the provisions of the Option Letter or Grant Funding Change Letter shall become part
of and be incorporated into the original grant.
ii. The State may increase or decrease the quantity of goods/services described Exhibit D,
Statement of Work and Exhibit E, Budget based upon the rates established in the
Grant. If the State exercises the option, it will provide written notice to Grantee at least
15 days prior to the end of the current grant term in a form substantially equivalent to
Exhibit Al, Sample Option Letter.
iii. The State may add or delete the goods/services described Exhibit D, Statement of
Work and Exhibit E, Budget as long as the change does not change the overall scope
of the approve grant. If the State exercises the option, it will provide written notice to
Grantee at least 15 days prior to the end of the current grant term in a form substantially
equivalent to Exhibit Al, Sample Option Letter.
iv. The State may, at the State's discretion, issue an updated Exhibit D, Statement of
Work and Exhibit E, Budget by Option Letter substantially equivalent to Exhibit Al,
Sample Option Letter to reflect changes that do not substantially change the intended
purpose of the grant. The provisions of the Option Letter shall become part of and be
incorporated into this Grant.
E. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply
with all applicable Federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Grant Award Letter by reference.
G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant.
H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the Grant
and shall be enforceable by the other Party.
Page 14 of 17 OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19"' Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
I. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties. Any services or benefits which third parties receive as a result of this
Grant are incidental to the Grant, and do not create any rights for such third parties.
J. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Grant Award
Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any
single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
K. Accessibility
i. Grantee shall comply with and the Work Product provided under this Grant Award
Letter shall be in compliance with all applicable provisions of §§24-85-101, et seq.,
C.R.S., and the Accessibility Standards for Individuals with a Disability, as
established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Grantee shall also
comply with all State of Colorado technology standards related to technology
accessibility and with Level AA of the most current version of the Web Content
Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards.
ii. The State may require Grantee's compliance to the State's Accessibility Standards to
be determined by a third party selected by the State to attest to Grantee's Work
Product and software is in compliance with §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability as established by OIT
pursuant to Section §24-85-103 (2.5), C.R.S.
L. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit F at all times during the
term of this Grant.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
A. STATUTORY APPROVAL. §24-30-202(1) C.R.S.
This Grantee shall not be valid until it has been approved by the Colorado State Controller
or designee. If this Grant Award Letter is for a Major Information Technology Project, as
defined in §24-37.5-102(2.6), then this Grant Award Letter shall not be valid until it has
been approved by the State's Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5) C.R.S.
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.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the
State, its departments, boards, commissions committees, bureaus, offices, employees and
officials shall be controlled and limited by the provisions of the Colorado Governmental
Page 15 of 17 OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI,
Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et
seq. C.R.S. No term or condition of this Grant Award Letter shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections, or other provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an
agent or employee of the State. Grantee shall not have authorization, express or implied, to
bind the State to any agreement, liability, or understanding, except as expressly set forth
herein. Grantee and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not
pay for or otherwise provide such coverage for Grantee or any of its agents or
employees. Grantee shall pay when due all applicable employment taxes and income
taxes and local head taxes incurred pursuant to this Grant Award Letter. Grantee
shall (a) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (b) provide proof thereof
when requested by the State, and (c) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Grant Award Letter. Any provision
included or incorporated herein by reference which conflicts with said laws, rules, and
regulations shall be null and void. All suits or actions related to this Grant Award Letter
shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in
the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Grant Award Letter that requires the State to indemnify or hold
Grantee harmless; requires the State to agree to binding arbitration; limits Grantee's
liability for damages resulting from death, bodily injury, or damage to tangible property; or
that conflicts with this provision in any way shall be void ab initio. Nothing in this Grant
Award Letter shall be construed as a waiver of any provision of §24-106-109 C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Grant Award Letter shall not be used for the
acquisition, operation, or maintenance of computer software in violation of federal
copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants
that, during the term of this Grant Award Letter and any extensions, Grantee has and shall
maintain in place appropriate systems and controls to prevent such improper use of public
funds. If the State determines that Grantee is in violation of this provision, the State may
Page 16 of 17 OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
exercise any remedy available at law or in equity or under this Grant Award Letter,
including, without limitation, immediate termination of this Grant Award Letter and any
remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201
and 24-50-507 C.R.S.
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 Grant Award
Letter. Grantee has no interest and shall not acquire any interest, direct or indirect, that
would conflict in any manner or degree with the performance of Grantee's services and
Grantee shall not employ any person having such known interests.
Page 17 of 17 OSC 07/2024 (DCJ 07/17/2024)
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation
DCJ Grant #: 22 -VC -19
EXHIBIT Al, SAMPLE OPTION LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Agreement Number of the Original
Contract
Current Agreement Maximum Amount
Initial Term
State Fiscal Year 20xx $0.00
Extension Terms
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
Option Agreement Number
Insert CMS number or Other Agreement Number of this Option
Agreement Performance Beginning Date
Month Day, Year
Current Agreement Expiration Date
Month Day, Year
1.
OPTIONS:
A. Option to extend for an Extension Term
B. Option to change the quantity of Goods under the Agreement
C. Option to change the quantity of Services under the Agreement
D. Option to modify Agreement rates
E. Option to initiate next phase of the Agreement
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current
Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended.
B. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the
rates stated in the Original Agreement, as amended.
C. For use with Option 1(D): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter.
The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option
Effective Date of this Option Letter.
D. For use with Option 1(E): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert
start date and end on Insert ending date at the cost/price specified in Section Number.
E. For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount
table on the Agreement's Signature and Cover Page is hereby deleted and replaced with the Current Agreement
Maximum Amount table shown above.
3. OPTION EFFECTIVE DATE:
F. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT -Name of Agency or IHE
INSERT -Name & Title of Head of Agency or IHE
By: Name & Title of Person Signing for Agency or IHE
Date:
In accordance with §24-30-202, C.R.S., this Option is not
valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Name of Agency or IHE Delegate -Please delete if agreement
will be routed to OSC for approval
Option Effective Date:
Exhibit Al
Page 1 of I
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation
DCJ Grant #: 22 -VC -19
EXHIBIT A2, GRANT FUNDING CHANGE LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Grant Funding Change Letter Number
Insert the Option Number (e.g. "1" for the first option)
Contractor
Insert Contractor's Full Legal Name, including
"Inc.", "LLC", etc...
Original Grant Number
Insert CMS number or Other Contract Number of the Original Contract
Current Contract Maximum Amount
Initial Term
State Fiscal Year 20xx $0.00
Extension Terms
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
Grant Funding Change Letter Contract Number
Insert CMS number or Other Contract Number of this Option
Contract Performance Beginning Date
Month Day, Year
Current Contract Expiration Date
Month Day, Year
1. GRANT FUNDING CHANGE
In accordance with §Insert Section Number of the Original Grant referenced above, the State Agency listed above
commits the following funds to the grant:
A. The funding available for State Fiscal Year 20xx is Increased/Decreased by $Amount of Change, because Insert
Reason For Change.
B. The total funding avail for all State Fiscal Years as of the effective date of this Grant Funding Change Letter is
shown as the current contract maximum above.
2. TERMINOLOGY
All terminology used in this Grant Funding Change Letter shall be interpreted in accordance with the Original Grant
referenced above.
3. NO ORDER FOR WORK
This Grant Funding Change Letter modifies the available funding only and does not constitute an order or authorization
for any specific services or goods under the Grant.
4. GRANT FUNDING CHANGE LETTER EFFECTIVE DATE:
The effective date of this Grant Funding Change Letter is upon approval of the State Controller or , whichever
is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT -Name of Agency or IHE
INSERT -Name & Title of Head of Agency or IHE
By: Name & Title of Person Signing for Agency or IHE
Date:
In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Name of Agency or IHE Delegate -Please delete if contract will be routed to OSC for approval
Grant Funding Change Letter Effective Date:
Exhibit A2
Page 1 of 1
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant 9: 22 -VC -19
EXHIBIT B, GRANT REQUIREMENTS
The following terms as used herein shall be construed and interpreted as follows:
1. AUDIT REQUIREMENTS
A. DUE DATE:
I. PROJECT START:
The Grantee must submit the most recent audit or financial review, including the
corresponding governance/management letter, to DCJ within thirty (30) days of request;
and, if the most recent audit/financial review has not already been submitted to DCJ, it
must be submitted within thirty (30) days of the start of this project.
II. PROJECT DURATION AND END:
The Grantee assures that it will procure an audit or financial review, incorporating this
grant award, by an independent Certified Public Accountant (CPA), licensed to practice
in Colorado. The audit or financial review incorporating this grant award must be
completed and received by DCJ within nine (9) months of the end of the fiscal years that
includes the end date of the grant, or within thirty (30) days of the completion of such
audit or review, whichever is earlier.
B. REPORT/AUDIT TYPE:
I. If your entity expended $750,000 or more in Federal funds (from all sources including pass -
through subawards) in your organization's fiscal year (12 -month turnaround reporting
period), your organization is required to arrange for a single organization -wide audit
conducted in accordance with the provisions of Title 2 C.F.R. Subpart F (§ 200.500 et seq.)
II. [NOT APPLICABLE TO SUBGRANTEES AS DEFINED IN §3.DD.
"SUBGRANTEE"J If your entity expends less than $750,000 in Federal funds (from all
sources including pass -through subawards) in your organization's fiscal year (12 -month
turnaround reporting period), your organization is required to arrange for either an audit or
financial review as follows:
1. Grantees that have revenue greater than $300,000 from all sources during the entity's
fiscal year are required by DCJ to obtain a financial audit.
2. Grantees that have revenue less than $300,000 from all sources during the entity's
fiscal year are required by DCJ to obtain a financial audit or financial review. A
compilation is not sufficient to satisfy this requirement.
C. REPORT/AUDIT COSTS:
The Grantee 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:
I. does not meet the applicable federal audit or DCJ standards;
II. is not submitted in a timely manner; or,
Exhibit B Page 1 of 3
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
III. does not provide an audit response plan with corresponding corrections made sufficient to
satisfy any audit findings.
D. FAILURE TO COMPLY:
The grantee understands and agrees that DCJ or the federal awarding office (DOJ) may
withhold award funds, or may impose other related requirements, if the grantee does not
satisfactorily and promptly address outstanding issues from audits required by Part 200
Uniform Requirements, by the terms of this award, by the current addition of the DOJ Grants
Financial Guide, or other outstanding issues that arise in connection with audits, investigations,
or reviews of DOJ awards.
2. ADDITIONAL REPORTING REQUIREMENTS
In addition to quarterly report requirements these grant funds may have additional report
requirements. The additional reports may include, but is not limited to, reporting progress and
statistics directly into a federal Performance Management Tool (PMT).
3. FINANCIAL AND ADMINISTRATIVE MANAGEMENT
A. The Grantee 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 Grantee assures that it will comply with the applicable Administrative Guide of the Division
of Criminal Justice (Guide), located at the Division of Criminal Justice Grants website. However,
such a guide cannot cover every foreseeable contingency, and the Grantee is ultimately
responsible for compliance with applicable state and federal laws, rules and regulations. In the
event of conflicts or inconsistencies between the Guide and any applicable state and federal laws,
rules and regulations, such conflicts or inconsistencies shall be resolved by applicable state and
federal laws, rules and regulations.
4. PROCUREMENT AND CONTRACTS
A. Grantee 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 DCJ. Grantee shall submit Form 16 — Professional Services/Consultant
Certification and/or Form 13 — Equipment Procurement Certification Form.
B. Grantee may not assign its rights or duties under this grant without the prior written consent of
the DCJ.
5. AWARD CHANGE REQUESTS
A. Grantee may request budget modifications by submitting a request to DCJ. DCJ reserves the right
to make and authorize modifications, adjustments, and/or revisions to the Contract for the purpose
Exhibit B Page 2 of 3
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
of making changes in budget categories, extensions of grant award dates, changes in goals and
objectives, and other modifications as described in the body of the Contract.
Exhibit B Page 3 of 3
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
EXHIBIT C, SPECIAL CONDITIONS
The following program specific requirements are imposed by the Federal sponsoring agency
concerning special requirements of law, program requirements, and other administrative requirements.
These requirements apply to this Agreement and must be passed on to subgrant award recipients.
The following Special Conditions documents, if checked, are incorporated herein.
H 2022 - VOCA Victim Compensation Formula Special Conditions
❑ 2023 - VOCA Victim Compensation Formula Special Conditions
❑ 2024 - VOCA Victim Compensation Formula Special Conditions
Additional Program Specific Conditions applicable to this Agreement.
N/A
Exhibit C Page 1 of 1
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
EXHIBIT D, STATEMENT OF WORK
2022 VOCA (Victims of Crime Act) Victim Compensation
The Crime Victim Compensation Program noted on the application requests consideration for Federal
Crime Victim Compensation grant funds. The Applicant understands that the amount of the state's
federal grant award is based on Applicants current Target Fund Balance as determined by the Division
of Criminal Justice. The award is also contingent upon the amount of funds collected at the federal
level through the federal 1984 Victims of Crime Act, as amended.
Section 1— Title of Project
Federal Crime Victim Compensation Grant
Section 2 — Project Duration
Start Date: October 1, 2024
End Date: September 30, 2025
Section 3 — Applicant Agency
Office of the District Attorney's Office, 19th Judicial District
915 10th Street
PO Box 1167
Greeley, CO 80632
Victim Compensation Administrator: Karol Patch
Telephone: 970-400-4748
Email: kpatch@weldgov.com
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 grant award recipients (Grantee Agencies). These requirements are more
likely to change from year than the special provisions and federal certified assurances shown above,
and usually vary across offices within the Division.
1. Federal grant funds will only be used to compensate eligible victims of crime and survivors of
victims of crime for expenses allowed under the Colorado Crime Victim Compensation Act, and to
specifically include the following:
Exhibit E Page 1 of 3
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
a. Medical expenses attributable to a physical injury resulting from a compensable crime
including: prosthetic or other devices, eyeglasses or other corrective lenses, dental services and
other services rendered in accordance with a method of healing recognized by state law;
b. Mental health counseling and care;
c. Loss of wages and economic support directly attributable to injury or death resulting from a
compensable crime;
d. Funeral expenses attributable to a death resulting from a compensable crime.
2. Federal Funds will not be used for the following expenses, although state funds may be used for
these expenses in accordance with the Colorado Crime Victim Compensation Act:
a. Property damage and loss; or
b. Payment of the deductible amount on a residential insurance policy; or
c. Modification to the victim's residence that is necessary to ensure victim safety.
3. "Compensable Crime" means a crime for which victims are eligible to receive compensation funds
under the Colorado Crime Victim Compensation Act, to specifically include:
a. Compensation to Colorado residents who are victims of crimes occurring outside the state or
country if:
i. the crimes would be compensable crimes had they occurred inside Colorado and the state
does not have a victim compensation program for which the victim would be eligible; or,
ii. the crime is an act of terrorism.
b. Compensation to non -Colorado resident victims will be based on the same criteria used to make
awards to victims who are residents of the state.
c. Compensation to victims of crime subject to Federal jurisdiction (e.g., military and Native
American reservations) will be based on the same criteria used to make compensation awards
to victims on non-federal crimes.
d. Compensation to those victims who suffer death or physical injury as a result of terrorism,
driving while intoxicated and domestic violence.
e. Compensation cannot be denied to any victim because of that victim's familial relationship to
the offender or because the victim and offender share a residence.
4. No person shall be excluded from participation in, denied benefits of, subjected to discrimination
under any process related to application or decision for crime victim compensation funds on the
basis of race, color, national origin, handicap, sex, or religious preference.
The Grantee understands and agrees that award funds may not be used to discriminate against or
denigrate the religious or moral beliefs of students who participate in programs for which financial
assistance is provided from those funds, or the parents or legal guardians of such students.
Exhibit E Page 2 of 3
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
EXHIBIT E, BUDGET
Funds shall be used to compensate eligible victims of crime and survivors of victims of crime for
expenses allowed under the Colorado Crime Victim Compensation Act.
For the period of October 1, 2024 to September 30, 2025 the award amount shall be $420,000.00.
The Funds are allocated as follows:
Federal Award #15POVC-22-GG-00568-COMP, amount $420,000.00.
Exhibit E Page 3 of 3
Grantee: Weld County, Office of the District Attorney's Office, 19. Judicial District
Project: Federal Crime Victim Compensation DCJ Grant #: 22 -VC -19
EXHIBIT F, FEDERAL REQUIREMENTS
The following federal requirements are imposed by the Federal sponsoring agency concerning special
requirements of law. These requirements apply to this Agreement and must be passed on to subgrants
and subcontractors.
O
2024 Federal Requirements
2023 Federal Requirements
2022 Federal Requirements
The following federal requirements are required by the Colorado Office of the State Controller. These
requirements apply to this Agreement and must be passed on to subgrants and subcontractors.
2024 State Controller Federal Provisions
Exhibit F Page 1 of 1
Docusign Envelope ID: A3F77AD1-B5B1-4CB1-8245-1888BBBF1800
2021 — Crime Victim Compensation Special Conditions
2021 — Crime Victim Compensation Special Conditions
This grant award provides funds from the Crime Victims Fund to enhance State Victim
Compensation payments to eligible crime victims. Victims of Crime Act (VOCA) compensation
funds provide financial assistance to Federal and State victims of crime.
1. All recipients of funding under this award must assist the Office of Justice Programs (OJP) in
complying with NEPA and other related federal environmental impact analyses requirements
in the use of grant funds, whether the funds are used directly by the recipient or by a
subrecipient or third party. Accordingly, prior to obligating funds for any of the activities
specified below, the grantee must first ensure compliance with OJP NEPA procedures.
The specified activities requiring environmental analysis are:
(1) New construction
(2) Any renovation or remodeling of a property located in an environmentally or historically
sensitive area, including property (a) listed on or eligible for listing on the National Register
of Historic Places, or (b) located within a 100 -year flood plain, a wetland, or habitat for an
endangered species
(3) A renovation that will change the basic prior use of a facility or significantly change its
size
(4) Research and technology whose anticipated and future application could be expected to
have an effect on the environment
(5) Implementation of a program involving the use of chemicals (including the identification,
seizure, or closure of clandestine methamphetamine laboratories)
Complying with NEPA may require the preparation of an Environmental Assessment and/or
an Environmental Impact Statement, as directed by OJP. Further, for programs relating to
methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be
required. Please be sure to carefully review the grant conditions on your award document, as
it may contain more specific information about environmental compliance.
For general background information about NEPA requirements, including which projects
may qualify for categorical exclusions, and the preparation of an environmental review
documents, please see https://bja.ojp.gov/national-environmental-policy-act-nepa-guidance.
Note: This link is for background only, and the processes described therein for Bureau of
Justice Assistance awards may not apply to this OVC award. Questions about this
determination, and required next steps, should be directed to your OVC grant manager.
Questions about this determination may be directed to DCJ.
15POVC-21-GG-00413-COMP
Page 1 of 1 09/16/2021
Docusign Envelope ID: A3F77AD1-B5B1-4CB1-8245-1888BBBF1800
2022 — Crime Victim Compensation Special Conditions
2022 — Crime Victim Compensation Special Conditions
This grant award provides funds from the Crime Victims Fund to enhance State Victim
Compensation payments to eligible crime victims. Victims of Crime Act (VOCA) compensation
funds provide financial assistance to Federal and State victims of crime.
1. All recipients of funding under this award must assist the Office of Justice Programs (OJP) in
complying with NEPA and other related federal environmental impact analyses requirements
in the use of grant funds, whether the funds are used directly by the recipient or by a
subrecipient or third party. Accordingly, prior to obligating funds for any of the activities
specified below, the grantee must first ensure compliance with OJP NEPA procedures.
The specified activities requiring environmental analysis are:
(1) New construction
(2) Any renovation or remodeling of a property located in an environmentally or historically
sensitive area, including property (a) listed on or eligible for listing on the National Register
of Historic Places, or (b) located within a 100 -year flood plain, a wetland, or habitat for an
endangered species
(3) A renovation that will change the basic prior use of a facility or significantly change its
size
(4) Research and technology whose anticipated and future application could be expected to
have an effect on the environment
(5) Implementation of a program involving the use of chemicals (including the identification,
seizure, or closure of clandestine methamphetamine laboratories)
Complying with NEPA may require the preparation of an Environmental Assessment and/or
an Environmental Impact Statement, as directed by OJP. Further, for programs relating to
methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be
required. Please be sure to carefully review the grant conditions on your award document, as
it may contain more specific information about environmental compliance.
For general background information about NEPA requirements, including which projects
may qualify for categorical exclusions, and the preparation of an environmental review
documents, please see https://bja.ojp.gov/national-environmental-policy-act-nepa-guidance.
Note: This link is for background only, and the processes described therein for Bureau of
Justice Assistance awards may not apply to this OVC award. Questions about this
determination, and required next steps, should be directed to your OVC grant manager.
Questions about this determination may be directed to DCJ.
2. The grantee agrees to submit quarterly performance reports on the performance metrics
identified by OVC, and in the manner required by OVC.
15 POVC-22-GG-00568-COMP
Page 1 of 1 08/25/2022
Docusign Envelope ID: A3F77AD1-B5B1-4CB1-8245-1888BBBF1800
2023 — Crime Victim Compensation Special Conditions - 15POVC-23-GG-00389-COMP
2023 — Crime Victim Compensation Special Conditions
Federal Award Number: 15POVC-23-GG-00389-COMP
1. This grant award provides funds from the Crime Victims Fund to enhance State Victim
Compensation payments to eligible crime victims. Victims of Crime Act
(VOCA)Compensation funds provide financial assistance to Federal and State victims of
crime.
All recipients of funding under this award must assist the Office of Justice Programs (OJP) in
complying with NEPA and other related federal environmental impact analyses requirements
in the use of grant funds, whether the funds are used directly by the recipient or by a
subrecipient or third party. Accordingly, prior to obligating funds for any of the activities
specified below, the grantee must first ensure compliance with OJP NEPA procedures.
The specified activities requiring environmental analysis are:
(1) New construction
(2) Any renovation or remodeling of a property located in an environmentally or historically
sensitive area, including property (a) listed on or eligible for listing on the National Register
of Historic Places, or (b) located within a 100 -year flood plain, a wetland, or habitat for an
endangered species
(3) A renovation that will change the basic prior use of a facility or significantly change its
size
(4) Research and technology whose anticipated and future application could be expected to
have an effect on the environment
(5) Implementation of a program involving the use of chemicals (including the identification,
seizure, or closure of clandestine methamphetamine laboratories)
Complying with NEPA may require the preparation of an Environmental Assessment and/or
an Environmental Impact Statement, as directed by OJP. Further, for programs relating to
methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be
required. Please be sure to carefully review the grant conditions on your award document, as
it may contain more specific information about environmental compliance.
For more information about NEPA requirements, including which projects may qualify for
categorical exclusions, and the preparation of an environmental review documents, please see
https://ceq.doe.gov/docs/get-involved/citizens-guide-to-nepa-2021.pdf
Questions about this determination may be directed to DCJ.
2. The grantee agrees to submit quarterly performance reports on the performance metrics
identified by OVC, and in the manner required by OVC.
15POVC-22-GG-00568-COMP
Page 1 of 1 08/25/2022
Docusign Envelope ID: A3F77AD1-B5B1-4CB1-8245-1888BBBF1800
Federal Awards issued from 2021 Federal Grant Funds
2021 FEDERAL REQUIREMENTS
1. Applicability 3
2. Recipient 3
3. Ensuring Compliance of Subgrantees (subrecipients) 3
4. General Conditions 3
A. Requirements of the award; incorporation by reference; remedies for non-compliance or for materially false
statements 3
B. Applicability of Part 200 Uniform Requirements 4
C. Compliance with DOJ Grants Financial Guide 5
D. Reclassification of various statutory provisions to a new Title 34 of the United States Code 5
E. Requirements related to "de minimis" indirect cost rate 5
F. Requirement to report potentially duplicative funding 5
G. Requirements related to System for Award Management and Universal Identifier Requirements/Unique
Entity Identifiers 5
H. Employment eligibility verification for hiring under the award 6
I. Requirement to report actual or imminent breach of personally identifiable information (PII) 7
J. All subawards ("subgrants") and contracts must have DCJ authorization 8
K. Specific post -award approval required to use a noncompetitive approach in any procurement contract 8
L. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
requirements and DOJ or DCJ authority to terminate award) 8
M. Determination of suitability to interact with participating minors 8
N. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings,
trainings, and other events 9
O.
P.
Q.
R.
S.
T.
U.
V.
W.
X.
Y.
Z.
AA.
BB.
CC.
DD.
Requirement for data on performance and effectiveness under the award 9
Training Guiding Principles 9
Effect of failure to address audit issues 9
Potential imposition of additional requirements 9
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 10
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 10
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 10
Restrictions on "lobbying" and policy development 10
Compliance with general appropriations -law restrictions on the use of federal funds (FY 2021) 11
Reporting potential fraud, waste, and abuse, and similar misconduct 11
Restrictions and certifications regarding non -disclosure agreements and related matters 12
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) 13
Encouragement of policies to ban text messaging while driving 13
Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency 13
Right to examine documents 14
Maintaining contact information 14
Page 1 of 21 02/22/2022
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Federal Awards issued from 2021 Federal Grant Funds
EE. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal,
and administrative proceedings to SAM and FAPIIS 14
FF. Cooperating with OJP Monitoring 14
GG. Required monitoring of subawards 15
HH. Legal Notices — OJP Grants only 15
II. Legal Notices — OVW Grants Only 15
JJ. Safe policing and law enforcement subrecipients - NEW 2021 15
5. Financial Requirements 16
A. Non -supplantation 16
B. Misuse of award funds 16
C. Limitation on use of funds to approved activities 16
D. Consultant compensation rates 16
E. Limit on use of grant funds for grantees' employees' salaries 16
6. Civil rights requirements associated with OO2 awards 17
A. Civil rights laws and nondiscrimination provisions 17
B. Civil rights compliance: Access to services and benefits by individuals with limited English proficiency 18
C. Certification 18
7. Recipients of OVW grant dollars ONLY 19
A. Availability of general terms and conditions on OVW website 19
B. Compliance with statutory and regulatory requirements 19
C. VAWA 2013 nondiscrimination condition 19
D. Confidentiality and information sharing 19
E. Activities that compromise victim safety and recovery and undermine offender accountability 19
F. Policy for response to workplace -related incidents of sexual misconduct, domestic violence, and dating
violence 20
G. Termination or suspension for cause 20
H. Compliance with solicitation requirements 20
I. Subrecipient program income 20
J. Subrecipient product monitoring 21
Page 2 of 21
02/22/2022
Docusign Envelope ID: A3F77AD1-B5B1-4CB1-8245-1888BBBF1800
Federal Awards issued from 2021 Federal Grant Funds
1. APPLICABILITY
The Division of Criminal Justice (DCJ) issues federal grants from two Department of Justice
(DOJ) offices: the Office of Justice Programs (OJP) and the Office on Violence Against Women
(OVW). All awards conditions set out below apply to both OJP and OVW funded grants, with
the exception of the conditions labelled as: "Recipients of OVW grant dollars only" which only
apply to OVW funded awards.
References to the DOJ apply to both OW and OVW funded grants.
Individual awards will also include special conditions. Those additional conditions may relate to
the particular statute, program, or solicitation under which the award is made; to the substance of
the funded application; to the subrecipient's performance under other federal awards; to the
subrecipient's legal status (e.g., as a for-profit entity); or to other pertinent considerations.
2. RECIPIENT
For the purposes of this document, the term "recipient" refers to the Legal Entity Name listed on
the Division of Criminal Justice (DCJ) Grant Award Document issued to a grantee receiving
federal grants funds from DCJ. The term Recipient and Grantee are used interchangeable within
this Exhibit.
3. ENSURING COMPLIANCE OF SUBGRANTEES (SUBRECIPIENTS)
Grantee is responsible for notifying any subgrantee (subrecipient), issued under this grant, of all
provisions herein. Grantee is responsible for monitoring any subgrantee (subrecipient) for
compliance all the provisions herein.
4. GENERAL CONDITIONS
A. Requirements of the award; incorporation by reference; remedies for non-
compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any
certifications or assurances submitted by or on behalf of the recipient that relate to conduct
during the period of performance also is a material requirement of this award.
OJP Awards Only: Limited Exceptions. In certain special circumstances, the
U.S. Department of Justice ("DOJ") may determine that it will not enforce, or
enforce only in part, one or more requirements otherwise applicable to the award.
Any such exceptions regarding enforcement, including any such exceptions made
during the period of performance, are (or will be during the period of
performance) set out through the Office of Justice Programs ("OJP") webpage
entitled "Legal Notices: Special circumstances as to particular award conditions"
(ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by
reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient
official accepts all material requirements of the award, and specifically adopts, as if
personally executed by the authorized recipient official, all assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of
performance.
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Federal Awards issued from 2021 Federal Grant Funds
Failure to comply with any one or more of these award requirements -- whether a condition
set out in full below, a condition incorporated by reference below, or a certification or
assurance related to conduct during the award period -- may result in the Division of
Criminal Justice (DCJ), Office of Justice Programs ("OJP") or Office on Violence Against
Women ("OVW") taking appropriate action with respect to the recipient and the award.
Among other things, the Department of Justice "DOJ" may withhold award funds, disallow
costs, or suspend or terminate the award. DOJ, including OJP, and DCJ also may take
other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to
this award (or concealment or omission of a material fact) may be the subject of criminal
prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273),
and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable
by its terms, that provision shall first be applied with a limited construction so as to give it
the maximum effect permitted by law. Should it be held, instead, that the provision is
utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
B. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2
C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the
"Part 200 Uniform Requirements") apply to this FY 2021 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If
this FY 2021 award supplements funds previously awarded by OJP under the same award
number (e.g., funds awarded during or before December 2014), the Part 200 Uniform
Requirements apply with respect to all funds under that award number (regardless of the
award date, and regardless of whether derived from the initial award or a supplemental
award) that are obligated on or after the acceptance date of this FY 2021 award.
For more information and resources on the Part 200 Uniform Requirements as they relate
to OJP awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any
subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from
the date of submission of the final expenditure report (SF 425), unless a different retention
period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any
tier) must provide access, include performance measurement information, in addition to the
financial records, supporting documents, statistical records, and other pertinent records
indicated at 2 C.F.R. 200.333.
In the event that an award -related question arises from documents or other materials
prepared or distributed by OJP that may appear to conflict with, or differ in some way
from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact DCJ
promptly for clarification.
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Federal Awards issued from 2021 Federal Grant Funds
C. Compliance with DOJ Grants Financial Guide
The recipient agrees to comply with the current edition of the DOJ Grants Financial Guide
as posted on the OVW website, including any updated version that may be posted during
the period of performance. References to the DOJ Grants Financial Guide are to the DOJ
Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial
Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated
version that may be posted during the period of performance.
D. Reclassification of various statutory provisions to a new Title 34 of the United States
Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the
U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34,
entitled "Crime Control and Law Enforcement." The reclassification encompassed a
number of statutory provisions pertinent to DOJ awards (that is, DOJ grants and
cooperative agreements), including many provisions previously codified in Title 42 of the
U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory
provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a
reference to that statutory provision as reclassified to Title 34. This rule of construction
specifically includes references set out in award conditions, references set out in material
incorporated by reference through award conditions, and references set out in other award
requirements.
E. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable
law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that
elects to use the "de minimis" indirect cost rate must comply with all associated
requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied
only to modified total direct costs (MTDC) as defined by the Part 200 Uniform
Requirements
F. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient
receives any other award of federal funds during the period of performance for this award,
the recipient promptly must determine whether funds from any of those other federal
awards have been, are being, or are to be used (in whole or in part) for one or more of the
identical cost items for which funds are provided under this award. If so, the recipient must
promptly notify DCJ in writing of the potential duplication, and, if so requested by DCJ,
must seek a budget -modification and change -of -project to eliminate any inappropriate
duplication of funding.
G. Requirements related to System for Award Management and Universal Identifier
Requirements/Unique Entity Identifiers
The recipient must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at https://www.sam.gov/SAM/. This includes
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Docusign Envelope ID: A3F77AD1-B5B1-4CB1-8245-1888BBBF1800
Federal Awards issued from 2021 Federal Grant Funds
applicable requirements regarding registration with SAM, as well as maintaining the
currency of information in SAM.
DCJ must comply with applicable restrictions on subawards Grantees, including
restrictions on subawards to entities that do not acquire and provide (to the recipient) the
unique entity identifier required for SAM registration.
The details of DCJ's obligations related to SAM and to unique entity identifiers are posted
on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:
System for Award Management (SAM) and Universal Identifier Requirements), and are
incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a
natural person (i.e., unrelated to any business or non-profit organization that he or she may
own or operate in his or her name).
H. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must -
a. Ensure that, as part of the hiring process for any position within the United States
that is or will be funded (in whole or in part) with award funds, the recipient (or
any subrecipient) properly verifies the employment eligibility of the individual who
is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
b. Notify all persons associated with the recipient (or any subrecipient) who are or
will be involved in activities under this award of both —
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking,
make it unlawful, in the United States, to hire (or recruit for employment) certain
aliens.
c. Provide training (to the extent necessary) to those persons required by this
condition to be notified of the award requirement for employment eligibility
verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
d. As part of the recordkeeping for the award (including pursuant to the Part 200
Uniform Requirements), maintain records of all employment eligibility
verifications pertinent to compliance with this award condition in accordance with
Form I-9 record retention requirements, as well as records of all pertinent
notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient
compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program,
award funds maybe obligated for the reasonable, necessary, and allocable costs (if
any) of actions designed to ensure compliance with this condition.
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4. Rules of construction
a. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities
under this award" specifically includes (without limitation) any and all recipient (or
any subrecipient) officials or other staff who are or will be involved in the hiring
process with respect to a position that is or will be funded (in whole or in part) with
award funds.
b. Employment eligibility confirmation with E -Verify
For purposes of satisfying the requirement of this condition regarding verification
of employment eligibility, the recipient (or any subrecipient) may choose to
participate in, and use, E -Verify (www.e-verify.gov), provided an appropriate
person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify
(and follows the proper E -Verify procedures, including in the event of a "Tentative
Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility
for each hiring for a position in the United States that is or will be funded (in whole
or in part) with award funds.
c. "United States" specifically includes the District of Columbia, Puerto Rico, Guam,
the Virgin Islands of the United States, and the Commonwealth of the Northern
Mariana Islands.
d. Nothing in this condition shall be understood to authorize or require any recipient,
any subrecipient at any tier, or any person or other entity, to violate any federal law,
including any applicable civil rights or nondiscrimination law.
e. Nothing in this condition, including in paragraph 4.b., shall be understood to
relieve any recipient, any subrecipient at any tier, or any person or other entity, of
any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E -Verify should be directed to DHS. For more information about E -Verify
visit the E -Verify website (https://www.e-verify.gov/) or email E -Verify at E-
Verify@dhs.gov. E -Verify employer agents can email E -Verify at E-
VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to DCJ, before
award acceptance.
I. Requirement to report actual or imminent breach of personally identifiable
information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to
respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a
subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates,
discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within
the scope of an DOJ grant -funded program or activity, or (2) uses or operates a "Federal
information system" (OMB Circular A-130). The recipient's breach procedures must
include a requirement to report actual or imminent breach of PII to an DOJ Program
Manager no later than 24 hours after an occurrence of an actual breach, or the detection of
an imminent breach.
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J. All subawards ("subgrants") and contracts must have DCJ authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must receive approval from
DCJ prior to issuing a subaward or a procurement contract under this award.
K. Specific post -award approval required to use a noncompetitive approach in any
procurement contract
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements to obtain specific advance approval to use a noncompetitive
approach in any procurement contract. This condition applies to agreements that -- for
purposes of federal grants administrative requirements — OJP or OVW considers a
procurement "contract" (and therefore does not consider a subaward).
L. Requirements pertaining to prohibited conduct related to trafficking in persons
(including reporting requirements and DOJ or DCJ authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements (including requirements to report allegations) pertaining to
prohibited conduct related to the trafficking of persons, whether on the part of recipients,
subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as
"employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking
in persons are posted on the OJP web site at
https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm and the OVW web site
at https://www.justice.gov/ovw/award-conditions (Award condition: Prohibited conduct by
recipients and subrecipients related to trafficking in persons (including reporting
requirements and DOJ authority to terminate award)), and are incorporated by reference
here.
M.Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the
award (as approved by DOJ) (or in the application for any subaward at any tier), the DOJ
funding announcement (solicitation), or an associated federal statute -- that a purpose of
some or all of the activities to be carried out under the award (whether by the recipient, or
a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability
before certain individuals may interact with participating minors. This requirement applies
regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at
https://ojp.gov/funding/Explore/Interact-Minors.htm and OVW web site at
https://www.justice.gov/ovw/award-conditions (Award condition: Determination of
suitability required, in advance, for certain individuals who may interact with participating
minors), and are incorporated by reference here.
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N. Compliance with applicable rules regarding approval, planning, and reporting of
conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable laws, regulations, policies, and official DOJ guidance (including specific cost
limits, prior approval and reporting requirements, where applicable) governing the use of
federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of
attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this
award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward
Requirements" in the "DOJ Grants Financial Guide").
Recipients of OVW grant dollars only: Additional information on the pertinent to this
award appears on the OVW website at https://www.justice.gov/ovw/conference-planning.
O. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and
effectiveness of work under this award. The data must be provided to DCJ and/or DOJ in
the manner (including within the timeframes) specified by DCJ in the program solicitation
or other applicable written guidance. Data collection supports compliance with the
Government Performance and Results Act (GPRA) and the GPRA Modernization Act of
2010, and other applicable laws.
P. Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at
any tier -- develops or delivers with DOJ award funds must adhere to the OJP Training
Guiding Principles for Grantees and Subgrantees, available at
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm , or the
OVW Training Guiding Principles for Grantees and Subgrantees, available at
https://www justice.gov/ovw/resources-and-faqs-grantees#Discretionary.
Q. Effect of failure to address audit issues
The recipient understands and agrees that the DCJ or the DOJ awarding agency (OJP or
OVW, as appropriate) may withhold award funds, or may impose other related
requirements, if (as determined by the DCJ or DOJ awarding agency) the recipient does
not satisfactorily and promptly address outstanding issues from audits required by the Part
200 Uniform Requirements (or by the terms of this award), or other outstanding issues that
arise in connection with audits, investigations, or reviews of DOJ awards.
R. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by
the DCJ during the period of performance for this award, if the recipient is designated as
"high -risk" for purposes of the DCJ high -risk grantee list.
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S. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -
28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 42, specifically including any applicable
requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment
opportunity program.
T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -
28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the
basis of sex in certain "education programs."
U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -
28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time),
specifically including any applicable requirements regarding written notice to program
beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms
of discrimination on the basis of religion, a religious belief, a refusal to hold a religious
belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets
out rules and requirements that pertain to recipient and subrecipient ("subgrantee")
organizations that engage in or conduct explicitly religious activities, as well as rules and
requirements that pertain to recipients and subrecipients that are faith -based or religious
organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to
Title 28 -Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
V. Restrictions on "lobbying" and policy development
In general, as a matter of federal law, federal funds awarded by DOJ may not be used by
the grantee, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to
support or oppose the enactment, repeal, modification, or adoption of any law, regulation,
or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an
applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Recipients of OVW grant dollars only:
The recipient, or any subrecipient ("subgrantee") may, however, use federal funds to
collaborate with and provide information to federal, state, local, tribal and territorial
public officials and agencies to develop and implement policies and develop and
promote state, local, or tribal legislation or model codes designed to reduce or
eliminate domestic violence, dating violence, sexual assault, and stalking (as those
terms are defined in 34 U.S.C. § 12291(a)) when such collaboration and provision of
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information is consistent with the activities otherwise authorized under this grant
program.
Another federal law generally prohibits federal funds awarded by DOJ from being used by
the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to
influence) a federal agency, a Member of Congress, or Congress (or an official or
employee of any of them) with respect to the awarding of a federal grant or cooperative
agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as
renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain
exceptions to this law apply, including an exception that applies to Indian tribes and tribal
organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or
subrecipient) would or might fall within the scope of these prohibitions, the recipient is to
contact DCJ for guidance, and may not proceed without the express prior written approval
of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate).
W.Compliance with general appropriations -law restrictions on the use of federal funds
(FY 2021)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable restrictions on the use of federal funds set out in federal appropriations statutes.
Pertinent restrictions, including from various "general provisions" in the Consolidated
Appropriations Act, 2021, are set out at
https://ojp.gov/funding/Explore/FY21 AppropriationsRestrictions.htm,
https://www.justice.gov/ovw/award-conditions, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a
subrecipient) would or might fall within the scope of an appropriations -law restriction, the
recipient is to contact DCJ for guidance, and may not proceed without the express prior
written approval of DCJ.
X. Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office
of the Inspector General (OIG) any credible evidence that a principal, employee, agent,
subrecipient, contractor, subcontractor, or other person has, in connection with funds under
this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,
or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award
should be reported to the OIG by --(1) online submission accessible via the OIG webpage
at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2)
mail directed to: U.S. Department of Justice, Office of the Inspector General,
Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW,
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Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations
Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at
http://www.usdoj .gov/oig.
Y. Restrictions and certifications regarding non -disclosure agreements and related
matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a
procurement contract or subcontract with any funds under this award, may require any
employee or contractor to sign an internal confidentiality agreement or statement that
prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement
representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this
award, to contravene requirements applicable to Standard Form 312 (which relates to
classified information), Form 4414 (which relates to sensitive compartmented
information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the recipient -
a. represents that it neither requires nor has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit or
otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees
or contractors to execute agreements or statements that prohibit or otherwise
restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as
described above, it will immediately stop any further obligations of award funds,
will provide prompt written notification to the federal agency making this award,
and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"),
procurement contracts, or both --
a. it represents that --
(1) it has determined that no other entity that the recipient's application proposes
may or will receive award funds (whether through a subaward ("subgrant"),
procurement contract, or subcontract under a procurement contract) either requires
or has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to
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prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse
as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to
support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or
subcontractor entity that receives funds under this award is or has been requiring
its employees or contractors to execute agreements or statements that prohibit or
otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or
abuse as described above, it will immediately stop any further obligations of award
funds to or by that entity, will provide prompt written notification to the federal
agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
Z. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to
employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all
applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit,
under specified circumstances, discrimination against an employee as reprisal for the
employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native
language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this
award, the grantee is to contact the DCJ for guidance.
AA. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and
subrecipients ("subgrantees") to adopt and enforce policies banning employees from text
messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and
other outreach to decrease crashes caused by distracted drivers.
BB. Requirement to disclose whether recipient is designated "high risk" by a federal
grant -making agency
If the recipient is designated "high risk" by a federal grant -making agency, currently or at
any time during the course of the period of performance under this award, the recipient
must disclose that fact and certain related information to DCJ. For purposes of this
disclosure, high risk includes any status under which a federal awarding agency provides
additional oversight due to the recipient's past performance, or other programmatic or
financial concerns with the recipient. The recipient's disclosure must include the following:
1. The federal awarding agency that currently designates the recipient high risk, 2. The
date the recipient was designated high risk, 3. The high -risk point of contact at that federal
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awarding agency (name, phone number, and email address), and 4. The reasons for the
high -risk status, as set out by the federal awarding agency
CC. Right to examine documents
The grantee, and any subrecipient ("subgrantee") at any tier, must authorize the DCJ or
DOJ awarding agency (OJP or OVW, as appropriate) and/or the Office of the Chief
Financial Officer (OCFO), and its representatives, access to and the right to examine all
records, books, paper, or documents related to this grant.
DD. Maintaining contact information
The grantee acknowledges that it is responsible for maintaining updated contact
information in the Grants Management System (GMS). To update information in GMS for
either the point of contact and/or the authorized representative, the grantee must submit a
Change in Project Officials (DCJ Form 4-B).
EE. Recipient integrity and performance matters: Requirement to report information
on certain civil, criminal, and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of
information on civil, criminal, and administrative proceedings connected with (or
connected to the performance of) either this DOJ award or any other grant, cooperative
agreement, or procurement contract from the federal government. Under certain
circumstances, recipients of DOJ awards are required to report information about such
proceedings, through the federal System for Award Management (known as "SAM"), to
the designated federal integrity and performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of
information on certain civil, criminal, and administrative proceedings to the federal
designated integrity and performance system (currently, "FAPIIS") within SAM are posted
on the OJP web site at https://ojp.gov/funding/FAPIIS.htm and OVW web site at:
https://www.justice.gov/ovw/ award -conditions (Award Condition: Recipient Integrity and
Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by
reference here.
FF. Cooperating with OJP Monitoring
The recipient agrees to cooperate with DCJ and DOJ monitoring of this award pursuant to
DCJ and DOJ's guidelines, protocols, and procedures, and to cooperate with DCJ and DOJ
(including the grant manager for this award and the Office of Chief Financial Officer
(OCFO)) requests related to such monitoring, including requests related to desk reviews
and/or site visits. The recipient agrees to provide to DCJ and DOJ all documentation
necessary for DCJ and/or DOJ to complete its monitoring tasks, including documentation
related to any subawards made under this award. Further, the recipient agrees to abide by
reasonable deadlines set by DCJ and/or DOJ for providing the requested documents.
Failure to cooperate with DCJ and/or DOJ's monitoring activities may result in actions that
affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit
review; designation of the recipient as a DOJ High Risk grantee; or termination of an
award(s).
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GG. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable
statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must
include the applicable conditions of this award in any subaward. Among other things, the
recipient is responsible for oversight of subrecipient spending and monitoring of specific
outcomes and benefits attributable to use of award funds by subrecipients. The recipient
agrees to submit, upon request, documentation of its policies and procedures for
monitoring of subawards under this award.
HH. Legal Notices — OJP Grants only
The webpage entitled "Legal Notices: Special circumstances as to particular award
conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm) is to be consulted
prior to an acceptance. Through that "Legal Notices" webpage, OJP sets out -- by funding
opportunity -- certain special circumstances that may or will affect the applicability of one
or more award requirements. Any such legal notice pertaining to award requirements that
is posted through that webpage is incorporated by reference into the award.
Please note that award requirements include not only award conditions, but also
compliance with assurances and certifications that relate to conduct during the period of
performance for the award. Because these requirements encompass financial,
administrative, and programmatic matters, as well as other important matters (e.g., specific
restrictions on use of funds), it is vital that all key staff know the award requirements, and
receive the award conditions and the assurances and certifications, as well as the
application as approved by DCJ. (Information on all pertinent award requirements also
must be provided to any subrecipient of the award.)
Should the recipient accept the award and then fail to comply with an award requirement,
DCJ and/or DOJ will pursue appropriate remedies for non-compliance, which may include
termination of the award and/or a requirement to repay award funds.
II. Legal Notices — OVW Grants Only
This award is subject to all administrative and financial requirements, including the timely
submission of all financial and programmatic reports, resolution of all interim audit
findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere
to these requirements, you will be in violation of the terms of this agreement and the award
will be subject to termination for cause or other administrative action as appropriate.
JJ.Safe policing and law enforcement subrecipients - NEW 2021
If this award is a discretionary award, the recipient agrees that it will not make any
subawards to State, local, college, or university law enforcement agencies unless such
agencies have been certified by an approved independent credentialing body or have
started the certification process. To become certified, law enforcement agencies must meet
two mandatory conditions: (1) the agency's use of force policies adhere to all applicable
federal, state, and local laws; and (2) the agency's use of force policies prohibit chokeholds
except in situations where use of deadly force is allowed by law. For detailed information
on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO.
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5. FINANCIAL REQUIREMENTS
A. Non -supplantation
The recipient agrees that grant funds will be used to supplement, not supplant, non-federal
funds that would otherwise be available for the activities under this grant.
Supplanting arises when a Recipient reduces non-federal funds for an activity specifically
because federal funds are available (or are expected to be available) to fund that same
activity. Federal funds must be used to supplement existing State or local funds for
program activities, and may not replace (that is, may not "supplant") State or local funds
that have been appropriated or allocated for the same purpose. Additionally, federal
funding may not replace State or local funding that is required by law.
When supplanting is prohibited, potential supplanting will be the subject of DCJ
monitoring and audit. Should a question of supplanting arise, the grantee will be required
to substantiate that any reduction in non-federal resources occurred for reasons other than
the receipt or expected receipt of federal funds.
B. Misuse of award funds
The recipient understands and agrees that misuse of award funds may result in a range of
penalties, including suspension of current and future funds, suspension or debarment from
federal grants, recoupment of monies provided under an award, and civil and/or criminal
penalties.
C. Limitation on use of funds to approved activities
The recipient agrees that grant funds will be used only for the purposes described in this
award. The grantee must not undertake any work or activities that are not described in this
award, and must not use staff, equipment, or other goods or services paid for with grant
funds for such work or activities, without prior written approval from DCJ.
D. Consultant compensation rates
The recipient acknowledges that consultants paid with award funds generally may not be
paid at a rate in excess of $81.25 per hour, not to exceed $650 per day. To exceed this
specified maximum rate, recipients must submit to DCJ a detailed justification and have
such justification approved by DCJ, prior to obligation or expenditure of such funds.
Issuance of this award or approval of the award budget alone does not indicate approval of
any consultant rate in excess of $81.25 per hour, not to exceed $650 per day. Although
prior approval is not required for consultant rates below this specified maximum rate,
recipients are required to maintain documentation to support all daily or hourly consultant
rates.
E. Limit on use of grant funds for grantees' employees' salaries
With respect to this award, federal funds may not be used to pay cash compensation (salary
plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the
maximum annual salary payable to a member of the federal government's Senior Executive
Service (SES) at an agency with a Certified SES Performance Appraisal System for that
year. (An award recipient may compensate an employee at a higher rate, provided the
amount in excess of this compensation limitation is paid with non-federal funds.)
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This limitation on compensation rates allowable under this award may be waived on an
individual basis at the discretion of the OJP official indicated in the program
announcement under which this award is made.
6. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH DOJ AWARDS
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of
Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal
financial assistance from the OJP, the Office of Community Oriented Policing Services
(COPS), and the Office on Violence Against Women (OVW) are not engaged in
discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the
Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients
of federal financial assistance to give assurances that they will comply with those laws. Taken
together, these civil rights laws prohibit recipients of federal financial assistance from DOJ
from discriminating in services and employment because of race, color, national origin,
religion, disability, sex, and, for grants authorized under the Violence Against Women Act,
sexual orientation and gender identity. Recipients are also prohibited from discriminating in
services because of age. For a complete review of these civil rights laws and
nondiscrimination requirements, in connection with DOJ awards, see
https://ojp.gov/funding/Explore/LegalOverview/C ivilRightsRequirements.htm.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act
or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal
justice system, there are two additional obligations that may apply in connection with the
awards: (1) complying with the regulation relating to Equal Employment Opportunity
Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional
information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for
additional information regarding requirements when there is an adverse finding, see 28C.F.R.
§§ 42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements
that are associated with DOJ grant funding. If you would like the OCR to assist you in
fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of
federal financial assistance, please do not hesitate to contact the OCR at
askOCR@ojp.usdoj.gov.
The Grantee hereby agrees that it will comply, and all of its subrecipients ("subgrantees") will
comply, with the applicable provisions of:
A. Civil rights laws and nondiscrimination provisions
States and units of local government, public and nonprofit institutions of higher education,
nonprofit organizations, for-profit businesses, and other recipients of DOJ grants may be
subject to various federal civil rights laws for reasons other than their receipt of DOJ
funds. Some examples include federal civil rights laws related to discrimination on the
basis of race, color, national origin, sex, religion, or disability.
Because a DOJ award is a form of "federal financial assistance," the recipients of a DOJ
award (and any "subrecipient" at any tier) must comply with additional civil -rights -related
requirements above and beyond those that otherwise would apply.
In general, these additional requirements fall into one of two categories:
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1. Civil rights laws (sometimes referred to as "cross -cutting" federal civil rights
statutes). These apply to essentially any entity that receives an award of federal
financial assistance -- regardless of which federal agency awards the grant or
cooperative agreement -- and encompass the "program or activity" funded in whole
or in part with the federal financial assistance.
2. Nondiscrimination provisions. These are requirements or restrictions that apply to
certain OJP or OVW awards -- in addition to the civil rights laws -- because they
are set out in a statute that applies specifically to one or more particular OW or
OVW grant programs, or to OJP or OVW awards made under a particular legal
authority. Much like the civil rights laws, these provisions apply variously to the
programs, activity, or undertaking funded in whole or in part by OJP or OVW, and
are described herein.
a. Such nondiscrimination provisions apply to some, but not all, OJP or
OVW grant programs.
b. The nondiscrimination provisions that apply to an OJP or OVW award
(above and beyond the requirements in "cross -cutting" civil rights laws)
may vary from award to award, even for awards made during the same
fiscal year.
c. Typically, no more than one of these nondiscrimination provisions will
apply to any particular OJP or OVW award.
General information on the civil rights laws that apply to every OJP or OVW award, and
on the nondiscrimination provisions that apply to some OW or OVW awards, is available
at https://ojp.gov/about/ocr/statutes-regulations.
NOTE: As discussed in more detail below, if a civil rights law or nondiscrimination
provision prohibits discrimination in employment on the basis of religion, the prohibition
is read together with the provisions of the Religious Freedom Restoration Act of 1993.
B. Civil rights compliance: Access to services and benefits by individuals with limited
English proficiency
Compliance with the civil rights laws entails, among other things, taking reasonable steps
to ensure that individuals with limited English proficiency (LEP) have meaningful access
to DOJ-funded programs or services. An individual with limited English proficiency is
one whose first language is not English and who has a limited ability to read, write, speak,
or understand English. To assist recipients of DOJ awards in meeting their obligations
with respect to such individuals, DOJ has published a guidance document, available on the
LEP.gov website.
C. Certification
Each grantee by accepting this award, certifies that it will comply (and it will require any
subrecipient at any tier to comply) with applicable civil rights laws and nondiscrimination
provisions. An additional DCJ Form 30, will be required prior to the disbursement of any
funds.
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7. RECIPIENTS OF OVW GRANT DOLLARS ONLY
A. Availability of general terms and conditions on OVW website
The recipient agrees to follow the applicable set of general terms and conditions that are
available at https://www.justice.gov/ovw/award-conditions. These do not supersede any
specific conditions in this award document.
B. Compliance with statutory and regulatory requirements
The grantee agrees to comply with all relevant statutory and regulatory requirements,
which may include, among other relevant authorities, the Violence Against Women Act of
1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Violence
Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the
Violence Against Women Reauthorization Act of 2013, P.L. 113-4, the Omnibus Crime
Control and Safe Streets Act of 1968, 34 U.S.C. §§ 10101 et seq., and OVW's
implementing regulations at 28 C.F.R. Part 90.
C. VAWA 2013 nondiscrimination condition
The recipient acknowledges that 34 U.S.C. § 12291(b)(13) prohibits recipients of OVW
awards from excluding, denying benefits to, or discriminating against any person on the
basis of actual or perceived race, color, religion, national origin, sex, gender identity,
sexual orientation, or disability in any program or activity funded in whole or in part by
OVW. The recipient agrees that it will comply with this provision. The recipient also
agrees to ensure that any subrecipients ("subgrantees") at any tier will comply with this
provision.
D. Confidentiality and information sharing
The grantee agrees to comply with the provisions of 34 U.S.C. § 12291(b)(2),
nondisclosure of confidential or private information, which includes creating and
maintaining documentation of compliance, such as policies and procedures for release of
victim information. The recipient also agrees to comply with the regulations implementing
this provision at 28 CFR 90.4(b) and "Frequently Asked Questions (FAQs) on the VAWA
Confidentiality Provision (34 U.S.C. § 12291(b)(2))" on the OVW website at
https://www.justice.gov/ovw/resources-and-faqs-grantees. The grantee also agrees to
ensure that all subrecipients ("subgrantees") at any tier meet these requirements.
E. Activities that compromise victim safety and recovery and undermine offender
accountability
The recipient agrees that grant funds will not support activities that compromise victim
safety and recovery or undermine offender accountability, such as: procedures or policies
that exclude victims from receiving safe shelter, advocacy services, counseling, and other
assistance based on their actual or perceived sex, age, immigration status, race, religion,
sexual orientation, gender identity, mental health condition, physical health condition,
criminal record, work in the sex industry, or the age and/or sex of their children;
procedures or policies that compromise the confidentiality of information and privacy of
persons receiving OVW-funded services; procedures or policies that impose requirements
on victims in order to receive services (e.g., seek an order of protection, receive
counseling, participate in couples' counseling or mediation, report to law enforcement,
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seek civil or criminal remedies, etc.); procedures or policies that fail to ensure service
providers conduct safety planning with victims; project design and budgets that fail to
account for the access needs of participants with disabilities and participants who have
limited English proficiency or are Deaf or hard of hearing; or any other activities outlined
in the solicitation under which the approved application was submitted..
F. Policy for response to workplace -related incidents of sexual misconduct, domestic
violence, and dating violence
The recipient, and any subrecipient at any tier, must have a policy, or issue a policy within
270 days of the award date, to address workplace -related incidents of sexual misconduct,
domestic violence, and dating violence involving an employee, volunteer, consultant, or
contractor. The details of this requirement are posted on the OVW web site at
https://www.justice.gov/ovw/award-conditions (Award Condition: Policy for response to
workplace -related sexual misconduct, domestic violence, and dating violence), and are
incorporated by reference here.
G. Termination or suspension for cause
DCJ or the Director of OVW, upon a finding that there has been substantial failure by the
recipient to comply with applicable laws, regulations, and/or the terms and conditions of
the award or relevant solicitation, will terminate or suspend until DCJ or the Director is
satisfied that there is no longer such failure, all or part of the award, in accordance with the
provisions of 28 C.F.R. Part 18, as applicable mutatis mutandis.
H. Compliance with solicitation requirements
The recipient agrees that it must be in compliance with requirements outlined in the
solicitation under which the approved application was submitted, the applicable
Solicitation Companion Guide, and any program -specific frequently asked questions
(FAQs) on the OVW website (https://www.justice.gov/ovw/resources-and-faqs-grantees).
The program solicitation, Companion Guide, and any program specific FAQs are hereby
incorporated by reference into this award.
I. Subrecipient program income
The recipient understands and agrees that it has responsibility for approval of program
income earned by subrecipients. Program income, as defined by 2 C.F.R. 200.1, means
gross income earned by a non-federal entity that is directly generated by a supported
activity or earned as a result of the federal award during the period of performance.
Without prior approval, program income must be deducted from total allowable costs to
determine the net allowable costs. In order to add program income to a subaward,
subrecipients must seek approval from the recipient prior to generating any program
income. Any program income added to a subaward must be used to support activities that
were approved in the budget and follow the conditions of the subaward agreement. Any
program income approved by the recipient must be reported by the subrecipient to the
recipient so that it is reported on the quarterly Program Income Financial Report (DCJ
Form 1-B) in accordance with the addition alternative. If the program income amount
changes (increases or decreases) during the project period, the recipient must provide
approval by the end of the project period. Failure to comply with these requirements may
result in audit findings for both the recipient and the subrecipient.
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J. Subrecipient product monitoring
The recipient agrees to monitor subrecipients to ensure that materials and products
(written, visual, or sound) developed with OVW formula grant program funding fall within
the scope of the grant program and do not compromise victim safety.
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2022 FEDERAL REQUIREMENTS
1. Applicability 3
2. Recipient 3
3. Ensuring Compliance of Subgrantees (subrecipients) 3
4. General Conditions 3
A. Requirements of the award; incorporation by reference; remedies for non-compliance or for materially false
statements 3
B. Applicability of Part 200 Uniform Requirements 4
C. Compliance with DOJ Grants Financial Guide 5
D. Reclassification of various statutory provisions to a new Title 34 of the United States Code 5
E. Requirements related to "de minimis" indirect cost rate 5
F. Requirement to report potentially duplicative funding 5
G. Requirements related to System for Award Management and Universal Identifier Requirements/Unique
Entity Identifiers 5
H. Employment eligibility verification for hiring under the award 6
I. Requirement to report actual or imminent breach of personally identifiable information (PII) 7
J. All subawards ("subgrants") and contracts must have DCJ authorization 8
K. Specific post -award approval required to use a noncompetitive approach in any procurement contract 8
L. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
requirements and DOJ or DCJ authority to terminate award) 8
M. Determination of suitability to interact with participating minors 8
N. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings,
trainings, and other events 9
O. Requirement for data on performance and effectiveness under the award 9
P. Training Guiding Principles 9
Q. Effect of failure to address audit issues 9
R. Potential imposition of additional requirements 9
S. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 10
T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 10
U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 10
V. Restrictions on "lobbying" and policy development 10
W. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2021) 11
X. Reporting potential fraud, waste, and abuse, and similar misconduct 11
Y. Restrictions and certifications regarding non -disclosure agreements and related matters 12
Z. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) 13
AA. Encouragement of policies to ban text messaging while driving 13
BB. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency 13
CC. Right to examine documents 14
DD. Maintaining contact information 14
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EE. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal,
and administrative proceedings to SAM and FAPIIS 14
FF. Cooperating with OJP Monitoring 14
GG. Required monitoring of subawards 15
HH. Legal Notices — OJP Grants only Error! Bookmark not defined.
II. Legal Notices — OVW Grants Only Error! Bookmark not defined.
JJ. Safe policing and law enforcement subrecipients - NEW 2021 15
5. Financial Requirements 17
A. Non -supplantation 17
B. Misuse of award funds 17
C. Limitation on use of funds to approved activities 17
D. Consultant compensation rates 17
E. Limit on use of grant funds for grantees' employees' salaries 17
6. Civil rights requirements associated with DOJ awards 18
A. Civil rights laws and nondiscrimination provisions 18
B. Civil rights compliance: Access to services and benefits by individuals with limited English proficiency 19
C. Certification 20
7. Recipients of OVW grant dollars ONLY 22
A. Availability of general terms and conditions on OVW website 22
B. Compliance with statutory and regulatory requirements 22
C. VAWA 2013 nondiscrimination condition 22
D. Confidentiality and information sharing 22
E. Activities that compromise victim safety and recovery and undermine offender accountability 22
F. Policy for response to workplace -related incidents of sexual misconduct, domestic violence, and dating
violence 23
G. Termination or suspension for cause 23
H. Compliance with solicitation requirements 23
I. Subrecipient program income 23
J. Subrecipient product monitoring 24
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1. APPLICABILITY
The Division of Criminal Justice (DCJ) issues federal grants from two Department of Justice
(DOJ) offices: the Office of Justice Programs (OJP) and the Office on Violence Against Women
(OVW). All awards conditions set out below apply to both OJP and OVW funded grants, with
the exception of the conditions labelled as: "Recipients of OVW grant dollars only" which only
apply to OVW funded awards.
References to the DOJ apply to both OJP and OVW funded grants.
Individual awards will also include special conditions. Those additional conditions may relate to
the particular statute, program, or solicitation under which the award is made; to the substance of
the funded application; to the subrecipient's performance under other federal awards; to the
subrecipient's legal status (e.g., as a for-profit entity); or to other pertinent considerations.
2. RECIPIENT
For the purposes of this document, the term "recipient" refers to the Legal Entity Name listed on
the Division of Criminal Justice (DCJ) Grant Award Document issued to a grantee receiving
federal grants funds from DCJ. The term Recipient and Grantee are used interchangeable within
this Exhibit.
3. ENSURING COMPLIANCE OF SUBGRANTEES (SUBRECIPIENTS)
Grantee is responsible for notifying any subgrantee (subrecipient), issued under this grant, of all
provisions herein. Grantee is responsible for monitoring any subgrantee (subrecipient) for
compliance all the provisions herein.
4. GENERAL CONDITIONS
A. Requirements of the award; remedies for non-compliance or for materially false
statements
The conditions of this award are material requirements of the award. Compliance with any
certifications or assurances submitted by or on behalf of the recipient that relate to conduct
during the period of performance also is a material requirement of this award.
OJP Awards Only: Limited Exceptions. In certain special circumstances, the
U.S. Department of Justice ("DOJ") may determine that it will not enforce, or
enforce only in part, one or more requirements otherwise applicable to the award.
Any such exceptions regarding enforcement, including any such exceptions made
during the period of performance, are (or will be during the period of
performance) set out through the Office of Justice Programs ("OJP") webpage
entitled "Legal Notices: Special circumstances as to particular award conditions"
(ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by
reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient
official accepts all material requirements of the award, and specifically adopts, as if
personally executed by the authorized recipient official, all assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of
performance.
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Failure to comply with any one or more of these award requirements -- whether a condition
set out in full below, a condition incorporated by reference below, or a certification or
assurance related to conduct during the award period -- may result in the Division of
Criminal Justice (DCJ), Office of Justice Programs ("OJP") or Office on Violence Against
Women ("OVW") taking appropriate action with respect to the recipient and the award.
Among other things, the Department of Justice "DOJ" may withhold award funds, disallow
costs, or suspend or terminate the award. DOJ, including OJP, and DCJ also may take
other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to
this award (or concealment or omission of a material fact) may be the subject of criminal
prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273),
and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable
by its terms, that provision shall first be applied with a limited construction so as to give it
the maximum effect permitted by law. Should it be held, instead, that the provision is
utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
B. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2
C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the
"Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If
this FY 2022 award supplements funds previously awarded by OJP under the same award
number (e.g., funds awarded during or before December 2014), the Part 200 Uniform
Requirements apply with respect to all funds under that award number (regardless of the
award date, and regardless of whether derived from the initial award or a supplemental
award) that are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate
to OJP awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any
subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from
the date of submission of the final expenditure report (SF 425), unless a different retention
period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any
tier) must provide access, include performance measurement information, in addition to the
financial records, supporting documents, statistical records, and other pertinent records
indicated at 2 C.F.R. 200.334.
In the event that an award -related question arises from documents or other materials
prepared or distributed by OJP that may appear to conflict with, or differ in some way
from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact DCJ
promptly for clarification.
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C. Compliance with DOJ Grants Financial Guide
The recipient agrees to comply with the current edition of the DOJ Grants Financial Guide
as posted on the OVW website, including any updated version that may be posted during
the period of performance. References to the DOJ Grants Financial Guide are to the DOJ
Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial
Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated
version that may be posted during the period of performance.
D. Reclassification of various statutory provisions to a new Title 34 of the United
States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the
U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34,
entitled "Crime Control and Law Enforcement." The reclassification encompassed a
number of statutory provisions pertinent to DOJ awards (that is, DOJ grants and
cooperative agreements), including many provisions previously codified in Title 42 of the
U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory
provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a
reference to that statutory provision as reclassified to Title 34. This rule of construction
specifically includes references set out in award conditions, references set out in material
incorporated by reference through award conditions, and references set out in other award
requirements.
E. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable
law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that
elects to use the "de minimis" indirect cost rate must comply with all associated
requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied
only to modified total direct costs (MTDC) as defined by the Part 200 Uniform
Requirements
F. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient
receives any other award of federal funds during the period of performance for this award,
the recipient promptly must determine whether funds from any of those other federal
awards have been, are being, or are to be used (in whole or in part) for one or more of the
identical cost items for which funds are provided under this award. If so, the recipient must
promptly notify DCJ in writing of the potential duplication, and, if so requested by DCJ,
must seek a budget -modification and change -of -project to eliminate any inappropriate
duplication of funding.
G. Requirements related to System for Award Management and Universal Identifier
Requirements/Unique Entity Identifiers
The recipient must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at https://www.sam.gov/SAM/. This includes
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applicable requirements regarding registration with SAM, as well as maintaining the
currency of information in SAM.
DCJ must comply with applicable restrictions on subawards Grantees, including
restrictions on subawards to entities that do not acquire and provide (to the recipient) the
unique entity identifier required for SAM registration.
The details of DCJ's obligations related to SAM and to unique entity identifiers are posted
on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:
System for Award Management (SAM) and Universal Identifier Requirements), and are
incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a
natural person (i.e., unrelated to any business or non-profit organization that he or she may
own or operate in his or her name).
H. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must -
a. Ensure that, as part of the hiring process for any position within the United States
that is or will be funded (in whole or in part) with award funds, the recipient (or
any subrecipient) properly verifies the employment eligibility of the individual who
is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
b. Notify all persons associated with the recipient (or any subrecipient) who are or
will be involved in activities under this award of both -
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking,
make it unlawful, in the United States, to hire (or recruit for employment) certain
aliens.
c. Provide training (to the extent necessary) to those persons required by this
condition to be notified of the award requirement for employment eligibility
verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
d. As part of the recordkeeping for the award (including pursuant to the Part 200
Uniform Requirements), maintain records of all employment eligibility
verifications pertinent to compliance with this award condition in accordance with
Form I-9 record retention requirements, as well as records of all pertinent
notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient
compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program,
award funds may be obligated for the reasonable, necessary, and allocable costs (if
any) of actions designed to ensure compliance with this condition.
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4. Rules of construction
a. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities
under this award" specifically includes (without limitation) any and all recipient (or
any subrecipient) officials or other staff who are or will be involved in the hiring
process with respect to a position that is or will be funded (in whole or in part) with
award funds.
b. Employment eligibility confirmation with E -Verify
For purposes of satisfying the requirement of this condition regarding verification
of employment eligibility, the recipient (or any subrecipient) may choose to
participate in, and use, E -Verify (www.e-verify.gov), provided an appropriate
person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify
(and follows the proper E -Verify procedures, including in the event of a "Tentative
Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility
for each hiring for a position in the United States that is or will be funded (in whole
or in part) with award funds.
c. "United States" specifically includes the District of Columbia, Puerto Rico, Guam,
the Virgin Islands of the United States, and the Commonwealth of the Northern
Mariana Islands.
d. Nothing in this condition shall be understood to authorize or require any recipient,
any subrecipient at any tier, or any person or other entity, to violate any federal law,
including any applicable civil rights or nondiscrimination law.
e. Nothing in this condition, including in paragraph 4.b., shall be understood to
relieve any recipient, any subrecipient at any tier, or any person or other entity, of
any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E -Verify should be directed to DHS. For more information about E -Verify
visit the E -Verify website (https://www.e-verify.gov/) or email E -Verify at E-
Verify@dhs.gov. E -Verify employer agents can email E -Verify at E-
VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to DCJ, before
award acceptance.
I. Requirement to report actual or imminent breach of personally identifiable
information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to
respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a
subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates,
discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.79) within
the scope of an DOJ grant -funded program or activity, or (2) uses or operates a "Federal
information system" (OMB Circular A-130). The recipient's breach procedures must
include a requirement to report actual or imminent breach of PII to an DOJ Program
Manager no later than 24 hours after an occurrence of an actual breach, or the detection of
an imminent breach.
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J. All subawards ("subgrants") and contracts must have DCJ authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must receive approval from
DCJ prior to issuing a subaward or a procurement contract under this award.
K. Specific post -award approval required to use a noncompetitive approach in any
procurement contract
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements to obtain specific advance approval to use a noncompetitive
approach in any procurement contract. This condition applies to agreements that -- for
purposes of federal grants administrative requirements — OJP or OVW considers a
procurement "contract" (and therefore does not consider a subaward).
L. Requirements pertaining to prohibited conduct related to trafficking in persons
(including reporting requirements and DOJ or DCJ authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements (including requirements to report allegations) pertaining to
prohibited conduct related to the trafficking of persons, whether on the part of recipients,
subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as
"employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking
in persons are posted on the OJP web site at
https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm and the OVW web site
at https://www.justice.gov/ovw/award-conditions (Award condition: Prohibited conduct by
recipients and subrecipients related to trafficking in persons (including reporting
requirements and DOJ authority to terminate award)), and are incorporated by reference
here.
M. Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the
award (as approved by DOJ) (or in the application for any subaward at any tier), the DOJ
funding announcement (solicitation), or an associated federal statute -- that a purpose of
some or all of the activities to be carried out under the award (whether by the recipient, or
a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability
before certain individuals may interact with participating minors. This requirement applies
regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at
https://ojp.gov/funding/Explore/Interact-Minors.htm and OVW web site at
https://www.justice.gov/ovw/award-conditions (Award condition: Determination of
suitability required, in advance, for certain individuals who may interact with participating
minors), and are incorporated by reference here.
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N. Compliance with applicable rules regarding approval, planning, and reporting of
conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable laws, regulations, policies, and official DOJ guidance (including specific cost
limits, prior approval and reporting requirements, where applicable) governing the use of
federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of
attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this
award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward
Requirements" in the "DOJ Grants Financial Guide").
Recipients of OVW grant dollars only: Additional information on the pertinent to this
award appears on the OVW website at https://www.justice.gov/ovw/conference-planning.
O. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and
effectiveness of work under this award. The data must be provided to DCJ and/or DOJ in
the manner (including within the timeframes) specified by DCJ in the program solicitation
or other applicable written guidance. Data collection supports compliance with the
Government Performance and Results Act (GPRA) and the GPRA Modernization Act of
2010, and other applicable laws.
P. Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at
any tier -- develops or delivers with DOJ award funds must adhere to the OJP Training
Guiding Principles for Grantees and Subgrantees, available at
https://oip.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm , or the
OVW Training Guiding Principles for Grantees and Subgrantees, available at
https://www justice.gov/ovw/resources-and-faqs-grantees#Discretionary.
Q. Effect of failure to address audit issues
The recipient understands and agrees that the DCJ or the DOJ awarding agency (OJP or
OVW, as appropriate) may withhold award funds, or may impose other related
requirements, if (as determined by the DCJ or DOJ awarding agency) the recipient does
not satisfactorily and promptly address outstanding issues from audits required by the Part
200 Uniform Requirements (or by the terms of this award), or other outstanding issues that
arise in connection with audits, investigations, or reviews of DOJ awards.
R. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by
the DCJ during the period of performance for this award, if the recipient is designated as
"high -risk" for purposes of the DCJ high -risk grantee list.
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S. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination
- 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 42, specifically including any applicable
requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment
opportunity program.
T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination
- 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the
basis of sex in certain "education programs."
U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination
- 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time),
specifically including any applicable requirements regarding written notice to program
beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms
of discrimination on the basis of religion, a religious belief, a refusal to hold a religious
belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets
out rules and requirements that pertain to recipient and subrecipient ("subgrantee")
organizations that engage in or conduct explicitly religious activities, as well as rules and
requirements that pertain to recipients and subrecipients that are faith -based or religious
organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to
Title 28 -Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
V. Restrictions on "lobbying" and policy development
In general, as a matter of federal law, federal funds awarded by DOJ may not be used by
the grantee, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to
support or oppose the enactment, repeal, modification, or adoption of any law, regulation,
or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an
applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Recipients of OVW grant dollars only:
The recipient, or any subrecipient ("subgrantee") may, however, use federal funds to
collaborate with and provide information to federal, state, local, tribal and territorial
public officials and agencies to develop and implement policies and develop and
promote state, local, or tribal legislation or model codes designed to reduce or
eliminate domestic violence, dating violence, sexual assault, and stalking (as those
terms are defined in 34 U.S.C. § 12291(a)) when such collaboration and provision of
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information is consistent with the activities otherwise authorized under this grant
program.
Another federal law generally prohibits federal funds awarded by DOJ from being used by
the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to
influence) a federal agency, a Member of Congress, or Congress (or an official or
employee of any of them) with respect to the awarding of a federal grant or cooperative
agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as
renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain
exceptions to this law apply, including an exception that applies to Indian tribes and tribal
organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or
subrecipient) would or might fall within the scope of these prohibitions, the recipient is to
contact DCJ for guidance, and may not proceed without the express prior written approval
of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate).
W. Compliance with general appropriations -law restrictions on the use of federal
funds (FY 2022)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable restrictions on the use of federal funds set out in federal appropriations statutes.
Pertinent restrictions, including from various "general provisions" in the Consolidated
Appropriations Act, 2022, are set out at
https://ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm,
https://www.justice.gov/ovw/award-conditions, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a
subrecipient) would or might fall within the scope of an appropriations -law restriction, the
recipient is to contact DCJ for guidance, and may not proceed without the express prior
written approval of DCJ.
X. Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office
of the Inspector General (DIG) any credible evidence that a principal, employee, agent,
subrecipient, contractor, subcontractor, or other person has, in connection with funds under
this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,
or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award
should be reported to the OIG by --(1) online submission accessible via the OIG webpage
at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2)
mail directed to: U.S. Department of Justice, Office of the Inspector General,
Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW,
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Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations
Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at
http://www.usdoj.gov/oig.
Y. Restrictions and certifications regarding non -disclosure agreements and related
matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a
procurement contract or subcontract with any funds under this award, may require any
employee or contractor to sign an internal confidentiality agreement or statement that
prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement
representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this
award, to contravene requirements applicable to Standard Form 312 (which relates to
classified information), Form 4414 (which relates to sensitive compartmented
information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the recipient -
a. represents that it neither requires nor has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit or
otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees
or contractors to execute agreements or statements that prohibit or otherwise
restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as
described above, it will immediately stop any further obligations of award funds,
will provide prompt written notification to the federal agency making this award,
and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"),
procurement contracts, or both --
a. it represents that --
(1) it has determined that no other entity that the recipient's application proposes
may or will receive award funds (whether through a subaward ("subgrant"),
procurement contract, or subcontract under a procurement contract) either requires
or has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to
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prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse
as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to
support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or
subcontractor entity that receives funds under this award is or has been requiring
its employees or contractors to execute agreements or statements that prohibit or
otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or
abuse as described above, it will immediately stop any further obligations of award
funds to or by that entity, will provide prompt written notification to the federal
agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
Z. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to
employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all
applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit,
under specified circumstances, discrimination against an employee as reprisal for the
employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native
language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this
award, the grantee is to contact the DCJ for guidance.
AA. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and
subrecipients ("subgrantees") to adopt and enforce policies banning employees from text
messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and
other outreach to decrease crashes caused by distracted drivers.
BB. Requirement to disclose whether recipient is designated "high risk" by a federal
grant -making agency
If the recipient is designated "high risk" by a federal grant -making agency, currently or at
any time during the course of the period of performance under this award, the recipient
must disclose that fact and certain related information to DCJ. For purposes of this
disclosure, high risk includes any status under which a federal awarding agency provides
additional oversight due to the recipient's past performance, or other programmatic or
financial concerns with the recipient. The recipient's disclosure must include the following:
1. The federal awarding agency that currently designates the recipient high risk, 2. The
date the recipient was designated high risk, 3. The high -risk point of contact at that federal
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awarding agency (name, phone number, and email address), and 4. The reasons for the
high -risk status, as set out by the federal awarding agency
CC. Right to examine documents
The grantee, and any subrecipient ("subgrantee") at any tier, must authorize the DCJ or
DOJ awarding agency (OJP or OVW, as appropriate) and/or the Office of the Chief
Financial Officer (OCFO), and its representatives, access to and the right to examine all
records, books, paper, or documents related to this grant.
DD. Maintaining contact information
The grantee acknowledges that it is responsible for maintaining updated contact
information in the Grants Management System (GMS). To update information in GMS for
either the point of contact and/or the authorized representative, the grantee must submit a
Change in Project Officials (DCJ Form 4-B).
EE. Recipient integrity and performance matters: Requirement to report information
on certain civil, criminal, and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of
information on civil, criminal, and administrative proceedings connected with (or
connected to the performance of) either this DOJ award or any other grant, cooperative
agreement, or procurement contract from the federal government. Under certain
circumstances, recipients of DOJ awards are required to report information about such
proceedings, through the federal System for Award Management (known as "SAM"), to
the designated federal integrity and performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of
information on certain civil, criminal, and administrative proceedings to the federal
designated integrity and performance system (currently, "FAPIIS") within SAM are posted
on the OJP web site at https://ojp.gov/funding/FAPIIS.htm and OVW web site at:
https://www.justice.gov/ovw/ award -conditions (Award Condition: Recipient Integrity and
Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by
reference here.
FF. Cooperating with DOJ Monitoring
The recipient agrees to cooperate with DCJ and DOJ monitoring of this award pursuant to
DCJ and DOJ's guidelines, protocols, and procedures, and to cooperate with DCJ and DOJ
(including the grant manager for this award and the Office of Chief Financial Officer
(OCFO)) requests related to such monitoring, including requests related to desk reviews
and/or site visits. The recipient agrees to provide to DCJ and DOJ all documentation
necessary for DCJ and/or DOJ to complete its monitoring tasks, including documentation
related to any subawards made under this award. Further, the recipient agrees to abide by
reasonable deadlines set by DCJ and/or DOJ for providing the requested documents.
Failure to cooperate with DCJ and/or DOJ's monitoring activities may result in actions that
affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit
review; designation of the recipient as a DOJ High Risk grantee; or termination of an
award(s).
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GG. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable
statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must
include the applicable conditions of this award in any subaward. Among other things, the
recipient is responsible for oversight of subrecipient spending and monitoring of specific
outcomes and benefits attributable to use of award funds by subrecipients. The recipient
agrees to submit, upon request, documentation of its policies and procedures for
monitoring of subawards under this award.
HH. Safe policing and law enforcement subrecipients
If this award is a discretionary award, the recipient agrees that it will not make any
subawards to State, local, college, or university law enforcement agencies unless such
agencies have been certified by an approved independent credentialing body or have
started the certification process. To become certified, law enforcement agencies must meet
two mandatory conditions: (1) the agency's use of force policies adhere to all applicable
federal, state, and local laws; and (2) the agency's use of force policies prohibit chokeholds
except in situations where use of deadly force is allowed by law. For detailed information
on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO.
II. OJP Grants Only - Subawards and Procurement Contracts under OJP Awards
The Office of Justice Programs (OJP) has developed the following guidance documents to
help clarify the differences between subawards and procurement contracts under an OJP
award and outline the compliance and reporting requirements for each.
Subawards under OJP Awards and Procurement Contracts under Awards: A Toolkit for
OJP Recipients. PDF Size: 221.25 KB
Checklist to Determine Subrecipient or Contractor Classification. PDF Size: 128.16 KB
Sole Source Justification Fact Sheet and Sole Source Review Checklist. PDF Size: 382.40
KB
Please contact your grant manager if you have any questions regarding subawards and
procurement contracts under this award.
This detailed guidance is designed to help grantees better understand how OJP will
categorize an agreement by an OJP award recipient with an outside entity for purposes of
the federal grants administrative requirements. It is important that each OJP grantee have a
full understanding which (if any) of its actions (for purposes of OJP and other federal
grants administrative requirements) are "subawards", and which are "procurement
contracts under an award." The substance of the relationship should be given greater
consideration than the form of agreement between the recipient and the outside
entity.
Whether an action — for federal grants administrative purposes — is a subaward or
procurement contract is a critical distinction as significantly different rules apply to
subawards and procurement contracts. If a grantee enters into an agreement that is a
subaward of an OJP award, specific rules apply — many of which are set by federal statutes
and DOJ regulations; others by award conditions. These rules place particular
responsibilities on an OJP recipient for any subawards the OJP recipient may make. The
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rules determine much of what the written subaward agreement itself must require or
provide. The rules also determine much of what an OJP recipient must do both before and
after it makes a subaward. If a grantee enters into an agreement that is a procurement
contract under an OJP award, a substantially different set of federal rules applies.
For grant recipients with subawards, key compliance requirements include the following:
Having specific federal authorization prior to entering into any subaward under the
award.
Requiring subawardee compliance with 2 C.F.R. Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Requiring progress and financial reporting.
Collection of performance data from the subawardee
Monitoring subawardees
Reporting subawards (over $30,000) as required by the Federal Funding
Accountability and Transparency Act (FFATA).
Post -Award Requests for Subaward Authorization
For grantees with procurement contracts, key compliance requirements include the
following:
The grantee must comply with the Procurement Standards of 2 C.F.R. Part 200 and
provide for full and open competition.
A procurement contract must include all applicable contract provisions set out in
Appendix II of 2 C.F.R. Part 200.
All noncompetitive (sole source) procurements must comply with the requirements
outlined in 2 C.F.R. 200.
o Sole source procurements that do not exceed the Simplified Acquisition
Threshold (currently $250,000) must have written justification for the
noncompetitive procurement action maintained in the procurement file. If a
procurement file does not have the documentation that meets the criteria
outlined in 2 C.F.R. 200, the procurement expenditures may not be
allowable.
All Sole source procurement must be approved by DCJ.
JJ. Authorized Official
The grantee understands that, in accepting this award, the Authorized Representative
declares and certifies, among other things, that he or she possesses the requisite legal
authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or
adopts) all material requirements that relate to conduct throughout the period of
performance under this award. The recipient further understands, and agrees, that it will
not assign anyone to the role of Authorized Representative during the period of
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performance under the award without first ensuring that the individual has the requisite
legal authority.
5. FINANCIAL REQUIREMENTS
A. Non -supplantation
The recipient agrees that grant funds will be used to supplement, not supplant, non-federal
funds that would otherwise be available for the activities under this grant.
Supplanting arises when a Recipient reduces non-federal funds for an activity specifically
because federal funds are available (or are expected to be available) to fund that same
activity. Federal funds must be used to supplement existing State or local funds for
program activities, and may not replace (that is, may not "supplant") State or local funds
that have been appropriated or allocated for the same purpose. Additionally, federal
funding may not replace State or local funding that is required by law.
When supplanting is prohibited, potential supplanting will be the subject of DCJ
monitoring and audit. Should a question of supplanting arise, the grantee will be required
to substantiate that any reduction in non-federal resources occurred for reasons other than
the receipt or expected receipt of federal funds.
B. Misuse of award funds
The recipient understands and agrees that misuse of award funds may result in a range of
penalties, including suspension of current and future funds, suspension or debarment from
federal grants, recoupment of monies provided under an award, and civil and/or criminal
penalties.
C. Limitation on use of funds to approved activities
The recipient agrees that grant funds will be used only for the purposes described in this
award. The grantee must not undertake any work or activities that are not described in this
award, and must not use staff, equipment, or other goods or services paid for with grant
funds for such work or activities, without prior written approval from DCJ.
D. Consultant compensation rates
The recipient acknowledges that consultants paid with award funds generally may not be
paid at a rate in excess of $81.25 per hour, not to exceed $650 per day. To exceed this
specified maximum rate, recipients must submit to DCJ a detailed justification and have
such justification approved by DCJ, prior to obligation or expenditure of such funds.
Issuance of this award or approval of the award budget alone does not indicate approval of
any consultant rate in excess of $81.25 per hour, not to exceed $650 per day. Although
prior approval is not required for consultant rates below this specified maximum rate,
recipients are required to maintain documentation to support all daily or hourly consultant
rates.
E. Limit on use of grant funds for grantees' employees' salaries
With respect to this award, federal funds may not be used to pay cash compensation (salary
plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the
maximum annual salary payable to a member of the federal government's Senior Executive
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Service (SES) at an agency with a Certified SES Performance Appraisal System for that
year. (An award recipient may compensate an employee at a higher rate, provided the
amount in excess of this compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an
individual basis at the discretion the DCJ via DOJ.
6. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH DOJ AWARDS
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of
Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal
financial assistance from the OJP, the Office of Community Oriented Policing Services
(COPS), and the Office on Violence Against Women (OVW) are not engaged in
discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the
Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients
of federal financial assistance to give assurances that they will comply with those laws. Taken
together, these civil rights laws prohibit recipients of federal financial assistance from DOJ
from discriminating in services and employment because of race, color, national origin,
religion, disability, sex, and, for grants authorized under the Violence Against Women Act,
sexual orientation and gender identity. Recipients are also prohibited from discriminating in
services because of age. For a complete review of these civil rights laws and
nondiscrimination requirements, in connection with DOJ awards, see
https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act
or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal
justice system, there are two additional obligations that may apply in connection with the
awards: (1) complying with the regulation relating to Equal Employment Opportunity
Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional
information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for
additional information regarding requirements when there is an adverse finding, see 28C.F.R.
§§ 42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements
that are associated with DOJ grant funding. If you would like the OCR to assist you in
fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of
federal financial assistance, please do not hesitate to contact the OCR at
askOCR@ojp.usdoj.gov.
The Grantee hereby agrees that it will comply, and all of its subrecipients ("subgrantees") will
comply, with the applicable provisions of:
A. Civil rights laws and nondiscrimination provisions
States and units of local government, public and nonprofit institutions of higher education,
nonprofit organizations, for-profit businesses, and other recipients of DOJ grants may be
subject to various federal civil rights laws for reasons other than their receipt of DOJ
funds. Some examples include federal civil rights laws related to discrimination on the
basis of race, color, national origin, sex, religion, or disability.
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Because a DOJ award is a form of "federal financial assistance," the recipients of a DOJ
award (and any "subrecipient" at any tier) must comply with additional civil -rights -related
requirements above and beyond those that otherwise would apply.
In general, these additional requirements fall into one of two categories:
1. Civil rights laws (sometimes referred to as "cross -cutting" federal civil rights
statutes). These apply to essentially any entity that receives an award of federal
financial assistance -- regardless of which federal agency awards the grant or
cooperative agreement -- and encompass the "program or activity" funded in whole
or in part with the federal financial assistance.
2. Nondiscrimination provisions. These are requirements or restrictions that apply to
certain OJP or OVW awards -- in addition to the civil rights laws -- because they
are set out in a statute that applies specifically to one or more particular OJP or
OVW grant programs, or to OJP or OVW awards made under a particular legal
authority. Much like the civil rights laws, these provisions apply variously to the
programs, activity, or undertaking funded in whole or in part by OJP or OVW, and
are described herein.
a. Such nondiscrimination provisions apply to some, but not all, OJP or
OVW grant programs.
b. The nondiscrimination provisions that apply to an OJP or OVW award
(above and beyond the requirements in "cross -cutting" civil rights laws)
may vary from award to award, even for awards made during the same
fiscal year.
c. Typically, no more than one of these nondiscrimination provisions will
apply to any particular OJP or OVW award.
General information on the civil rights laws that apply to every OJP or OVW award, and
on the nondiscrimination provisions that apply to some OJP or OVW awards, is available
at https://ojp.gov/about/ocr/statutes-regulations.
NOTE: As discussed in more detail below, if a civil rights law or nondiscrimination
provision prohibits discrimination in employment on the basis of religion, the prohibition
is read together with the provisions of the Religious Freedom Restoration Act of 1993.
B. Civil rights compliance: Access to services and benefits by individuals with limited
English proficiency
Compliance with the civil rights laws entails, among other things, taking reasonable steps
to ensure that individuals with limited English proficiency (LEP) have meaningful access
to DOJ-funded programs or services. An individual with limited English proficiency is
one whose first language is not English and who has a limited ability to read, write, speak,
or understand English. To assist recipients of DOJ awards in meeting their obligations
with respect to such individuals, DOJ has published a guidance document, available on the
LEP.gov website.
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C. Certification
Each grantee by accepting this award, certifies that it will comply (and it will require any
subrecipient at any tier to comply) with applicable civil rights laws and nondiscrimination
provisions. An additional DCJ Form 30, will be required prior to the disbursement of any
funds.
D. Nondiscrimination provisions and the Religious Freedom Restoration Act
As noted earlier, a nondiscrimination provision that deals with discrimination in
employment on the basis of religion is read together with the pertinent provisions of the
Religious Freedom Restoration Act of 1993. As a result, even if an otherwise -applicable
nondiscrimination provision states that a grantee or subrecipient may not discriminate in
employment based on religion, a DOJ recipient or subrecipient that is a faith -based
organization may consider religion in hiring, provided it satisfies particular requirements.
An DOJ recipient that is a faith -based organization and that seeks to consider religion in
hiring despite an applicable nondiscrimination provision must properly execute and
submit to DCJ a specific formal certification to DCJ to the effect that --
1. The grantee is a religious organization that sincerely believes that providing
the programs or services funded by the DOJ award is an expression of its
religious beliefs, that employing individuals of particular religious belief is
important to its religious exercise, and that having to abandon its religious
hiring practice to receive federal funding would substantially burden its
religious exercise.
2. The grantee will not discriminate against beneficiaries (or prospective
beneficiaries) of the programs or services funded by the DOJ award on the
basis of religion, a religious belief, a refusal to hold a religious belief, or a
refusal to attend or participate in a religious practice.
3. The grantee will keep any explicitly religious activities separate in time or
location from programs or services funded by the DOJ award.
4. The grantee will not require beneficiaries (or prospective beneficiaries) of
programs or services funded by the DOJ award to attend or participate in any
explicitly religious activities. Any such participation will be purely voluntary.
To make the required certification, an appropriate, authorized official of the grantee
organization must execute the Certification Regarding Hiring Practices on the Basis of
Religion on behalf of the grantee. A copy of the executed certification must be submitted
to DCJ. The grantee must retain the signed original on file as part of its records for the
DOJ award.
An DOJ recipient that executes and submits a certification that satisfies these
requirements ordinarily may consider religion in hiring. Different rules may apply,
however, if there is good reason to question the truthfulness of the certification, or if DCJ
determines that it is necessary to restrict the recipient from considering religion in hiring
to further a compelling government interest. (If DCJ makes such a determination, the
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DCJ may impose limitations that represent the least restrictive means of furthering the
compelling government interest.)
The rules that apply to subrecipients of DOJ awards that are faith -based organizations are
similar, except that the subrecipient is to submit the required certification to the grantee.
E. Overview of "Civil Rights Laws"
Important "civil rights laws" that apply to all federal financial assistance -- and to all
recipients and subrecipients of DOJ awards made in FY 2017 (and in FY 2018), are
these:
Section 601 of Title VI of the Civil Rights Act of 1964 (codified at 42 U.S.C.
2000d)
Statutory provision:
No person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance.
DOJ implementing regulation: Subparts C and D of 28 C.F.R. Part 42.
Section 504 of the Rehabilitation Act of 1973 (codified at 29 U.S.C. 794)
Statutory provision:
No otherwise qualified individual with a disability in the United States, as
defined in [29 U.S.C. 705(20)], shall, solely by reason of her or his
disability, be excluded from the participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving
Federal financial assistance[.]
DOJ implementing regulation: Subpart G of 28 C.F.R. Part 42.
Section 901 of Title IX of the Education Amendments of 1972 (codified at 20
U.S.C. 1681)
Statutory provision:
No person in the United States shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any education program or activity receiving Federal
financial assistance[.]
DOJ implementing regulations: Subpart D of 28 C.F.R. Part 42; 28 C.F.R
Part 54.
Section 303 of the Age Discrimination Act of 1975 (codified at 42 U.S.C. 6102)
o Statutory provision:
[N]o person in the United States shall, on the basis of age, be excluded
from participation in, be denied the benefits of, or be subjected to
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discrimination under, any program or activity receiving Federal financial
assistance.
DOJ implementing regulation: Subpart I of 28 C.F.R. Part 42.
7. RECIPIENTS OF OVW GRANT DOLLARS ONLY
A. Availability of general terms and conditions on OVW website
The recipient agrees to follow the applicable set of general terms and conditions that are
available at https://www.justice.gov/ovw/award-conditions. These do not supersede any
specific conditions in this award document.
B. Compliance with statutory and regulatory requirements
The grantee agrees to comply with all relevant statutory and regulatory requirements,
which may include, among other relevant authorities, the Violence Against Women Act of
1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Violence
Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the
Violence Against Women Reauthorization Act of 2013, P.L. 113-4, the Omnibus Crime
Control and Safe Streets Act of 1968, 34 U.S.C. §§ 10101 et seq., and OVW's
implementing regulations at 28 C.F.R. Part 90.
C. VAWA 2013 nondiscrimination condition
The recipient acknowledges that 34 U.S.C. § 12291(b)(13) prohibits recipients of OVW
awards from excluding, denying benefits to, or discriminating against any person on the
basis of actual or perceived race, color, religion, national origin, sex, gender identity,
sexual orientation, or disability in any program or activity funded in whole or in part by
OVW. The recipient agrees that it will comply with this provision. The recipient also
agrees to ensure that any subrecipients ("subgrantees") at any tier will comply with this
provision.
D. Confidentiality and information sharing
The grantee agrees to comply with the provisions of 34 U.S.C. § 12291(b)(2),
nondisclosure of confidential or private information, which includes creating and
maintaining documentation of compliance, such as policies and procedures for release of
victim information. The recipient also agrees to comply with the regulations implementing
this provision at 28 CFR 90.4(b) and "Frequently Asked Questions (FAQs) on the VAWA
Confidentiality Provision (34 U.S.C. § 12291(b)(2))" on the OVW website at
https://www.justice.gov/ovw/resources-and-faqs-grantees. The grantee also agrees to
ensure that all subrecipients ("subgrantees") at any tier meet these requirements.
E. Activities that compromise victim safety and recovery and undermine offender
accountability
The recipient agrees that grant funds will not support activities that compromise victim
safety and recovery or undermine offender accountability, such as: procedures or policies
that exclude victims from receiving safe shelter, advocacy services, counseling, and other
assistance based on their actual or perceived sex, age, immigration status, race, religion,
sexual orientation, gender identity, mental health condition, physical health condition,
criminal record, work in the sex industry, or the age and/or sex of their children;
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procedures or policies that compromise the confidentiality of information and privacy of
persons receiving OVW-funded services; procedures or policies that impose requirements
on victims in order to receive services (e.g., seek an order of protection, receive
counseling, participate in couples' counseling or mediation, report to law enforcement,
seek civil or criminal remedies, etc.); procedures or policies that fail to ensure service
providers conduct safety planning with victims; project design and budgets that fail to
account for the access needs of participants with disabilities and participants who have
limited English proficiency or are Deaf or hard of hearing; or any other activities outlined
in the solicitation under which the approved application was submitted..
F. Policy for response to workplace -related incidents of sexual misconduct, domestic
violence, and dating violence
The recipient, and any subrecipient at any tier, must have a policy, or issue a policy within
270 days of the award date, to address workplace -related incidents of sexual misconduct,
domestic violence, and dating violence involving an employee, volunteer, consultant, or
contractor. The details of this requirement are posted on the OVW web site at
https://www.justice.gov/ovw/award-conditions (Award Condition: Policy for response to
workplace -related sexual misconduct, domestic violence, and dating violence), and are
incorporated by reference here.
G. Termination or suspension for cause
DCJ or the Director of OVW, upon a finding that there has been substantial failure by the
recipient to comply with applicable laws, regulations, and/or the terms and conditions of
the award or relevant solicitation, will terminate or suspend until DCJ or the Director is
satisfied that there is no longer such failure, all or part of the award, in accordance with the
provisions of 28 C.F.R. Part 18, as applicable mutatis mutandis.
H. Compliance with solicitation requirements
The recipient agrees that it must be in compliance with requirements outlined in the
solicitation under which the approved application was submitted, the applicable
Solicitation Companion Guide, and any program -specific frequently asked questions
(FAQs) on the OVW website (https://www.justice.gov/ovw/resources-and-faqs-grantees).
The program solicitation, Companion Guide, and any program specific FAQs are hereby
incorporated by reference into this award.
I. Subrecipient program income
The recipient understands and agrees that it has responsibility for approval of program
income earned by subrecipients. Program income, as defined by 2 C.F.R. 200.1, means
gross income earned by a non-federal entity that is directly generated by a supported
activity or earned as a result of the federal award during the period of performance.
Without prior approval, program income must be deducted from total allowable costs to
determine the net allowable costs. In order to add program income to a subaward,
subrecipients must seek approval from the recipient prior to generating any program
income. Any program income added to a subaward must be used to support activities that
were approved in the budget and follow the conditions of the subaward agreement. Any
program income approved by the recipient must be reported by the subrecipient to the
recipient so that it is reported on the quarterly Program Income Financial Report (DCJ
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Form 1-B) in accordance with the addition alternative. If the program income amount
changes (increases or decreases) during the project period, the recipient must provide
approval by the end of the project period. Failure to comply with these requirements may
result in audit findings for both the recipient and the subrecipient.
J. Subrecipient product monitoring
The recipient agrees to monitor subrecipients to ensure that materials and products
(written, visual, or sound) developed with OVW formula grant program funding fall within
the scope of the grant program and do not compromise victim safety.
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2023 FEDERAL REQUIREMENTS
Introduction [New for 2023] 3
1. Applicability 3
2. Recipient 3
3. Ensuring Compliance of Subgrantees (subrecipients) 3
4. General Conditions 3
A. Requirements of the award; remedies for non-compliance or for materially false statements 3
B. Applicability of Part 200 Uniform Requirements 4
C. Compliance with DOJ Grants Financial Guide 5
D. Reclassification of various statutory provisions to a new Title 34 of the United States Code 5
E. Requirements related to "de minimis" indirect cost rate 5
F. Requirement to report potentially duplicative funding 5
G. Requirements related to System for Award Management and Universal Identifier Requirements/Unique Entity Identifiers 6
H. Employment eligibility verification for hiring under the award 6
I. Requirement to report actual or imminent breach of personally identifiable information (PII) 7
J. All subawards ("subgrants") and contracts must have DCJ authorization 8
K. Specific post -award approval required to use a noncompetitive approach in any procurement contract 8
L. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and DOJ or
DCJ authority to terminate award) 8
M. Determination of suitability to interact with participating minors 8
N. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other
events 9
O. Requirement for data on performance and effectiveness under the award 9
P. Training Guiding Principles 9
Q. Effect of failure to address audit issues 9
R. Potential imposition of additional requirements 9
S. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 10
T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 10
U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 10
V. Restrictions on "lobbying" and policy development 10
W. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2023) 11
X. Reporting potential fraud, waste, and abuse, and similar misconduct 11
Y. Restrictions and certifications regarding non -disclosure agreements and related matters 11
Z. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) 12
AA. Encouragement of policies to ban text messaging while driving 13
BB. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency 13
CC. Right to examine documents 13
DD. Maintaining contact information 13
EE. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative
proceedings to SAM and FAPIIS 14
FF. Cooperating with DOJ Monitoring 14
GG. Required monitoring of subawards 14
HI -I. Safe policing and law enforcement subrecipients 14
II. Authorized Official 15
JJ. Compliance with restrictions on the use of federal funds -prohibited and controlled equipment under OJP award 15
5. Financial Requirements 15
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A. Non -supplantation 15
B. Misuse of award funds 15
C. Limitation on use of funds to approved activities 16
D. Consultant compensation rates 16
E. Limit on use of grant funds for grantees' employees' salaries 16
6. Civil rights requirements associated with DOJ awards 16
A. Civil rights laws and nondiscrimination provisions 17
B. Civil rights compliance: Access to services and benefits by individuals with limited English proficiency 18
C. Certification 18
D. Nondiscrimination provisions and the Religious Freedom Restoration Act 18
E. Overview of "Civil Rights Laws" 19
7. Recipients of OVW grant dollars ONLY 20
A. Availability of general terms and conditions on OVW website 20
B. Compliance with statutory and regulatory requirements 20
C. VAWA 2013 nondiscrimination condition 20
D. Confidentiality and information sharing 20
E. Activities that compromise victim safety and recovery and undermine offender accountability 21
F. Policy for response to workplace -related incidents of sexual misconduct, domestic violence, and dating violence 21
G. Termination or suspension for cause 21
H. Compliance with solicitation requirements 21
I. Subrecipient program income 22
J. Subrecipient product monitoring 22
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A. INTRODUCTION [NEW FOR 2023]
Each year the Division of Criminal Justice (DCJ) performs a detailed assessment of the federal legal
requirements to generate this exhibit. The DCJ has incorporated these notations into this document to call out
differences from prior years. Minor changes that do not change the requirement, such as typographical errors or
formatting will not be noted as a change.
1. APPLICABILITY
[Same as years: 2018, 2019, 2020, 2021, 2022]
The DCJ issues federal grants from two Department of Justice (DOJ) offices: the Office of Justice Programs
(OJP) and the Office on Violence Against Women (OVW). All award conditions set out below apply to both
OJP and OVW funded grants, with the exception of the conditions labeled as: "Recipients of OVW grant
dollars only" or "Recipients of OJP grant dollars only" which only apply to OVW funded awards.
References to the DOJ apply to both OJP and OVW funded grants.
Individual awards will also include special conditions. Those additional conditions may relate to the
particular statute, program, or solicitation under which the award is made; the substance of the funded
application; the grantee's performance under other federal awards; the grantee's legal status (e.g., as a for-
profit entity); or to other pertinent considerations.
2. RECIPIENT
[Same as years: 2018, 2019, 2020, 2021, 2022]
For the purposes of this document, the term "recipient" refers to the Legal Entity Name listed on the
Division of Criminal Justice (DCJ) Grant Award Document issued to a grantee receiving federal grants
funds from DCJ. The term "Recipient" and "Grantee" are interchangeable within this Exhibit.
3. ENSURING COMPLIANCE OF SUBGRANTEES (SUBRECIPIENTS)
[Same as years: 2018, 2019, 2020, 2021, 2022]
Grantee is responsible for notifying any subgrantee (subrecipient), issued under this grant, of all provisions
herein. Grantee is responsible for monitoring any subgrantee (subrecipient) for compliance with all the
provisions herein.
4. GENERAL CONDITIONS
B. Requirements of the award; remedies for non-compliance or for materially false statements
[Same as years: 2020, 2021, 2022]
The conditions of this award are material requirements of the award. Compliance with any certifications
or assurances submitted by or on behalf of the recipient that relate to conduct during the period of
performance also is a material requirement of this award.
OJP Awards Only: Limited Exceptions. In certain special circumstances, the U.S. Department
of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more
requirements otherwise applicable to the award. Any such exceptions regarding enforcement,
including any such exceptions made during the period of performance, are (or will be during the
period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled
"Legal Notices: Special circumstances as to particular award conditions"
(oip.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into
the award.
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By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts
all material requirements of the award, and specifically adopts, as if personally executed by the
authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient
that relate to conduct during the period of performance.
Failure to comply with any one or more of these award requirements -- whether a condition set out in
full below, a condition incorporated by reference below, or a certification or assurance related to
conduct during the award period -- may result in the Division of Criminal Justice (DCJ), Office of
Justice Programs ("OJP") or Office on Violence Against Women ("OVW") taking appropriate action
with respect to the recipient and the award. Among other things, the Department of Justice "DOJ" may
withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, and DCJ
also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award
(or concealment or omission of a material fact) may be the subject of criminal prosecution (including
under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of
civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C.
3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,
that provision shall first be applied with a limited construction so as to give it the maximum effect
permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such
provision shall be deemed severable from this award.
C. Applicability of Part 200 Uniform Requirements
[Same as years: 2018, 2019, 2020, 2021, 2022 - except as highlighted]
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part
200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform
Requirements") apply to this FY 2023 award from the DOJ.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2023
award supplements funds previously awarded by DOJ under the same award number (e.g., funds
awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all
funds under that award number (regardless of the award date, and regardless of whether derived from
the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY
2023
award.
For more information and resources on the Part 200 Uniform Requirements as they relate to DOJ awards
and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient
("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of
the final expenditure report (SF 425), unless a different retention period applies -- and to which the
recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance
measurement information, in addition to the financial records, supporting documents, statistical records,
and other pertinent records indicated at 2 C.F.R. 200.334, 200.337.
In the event that an award -related question arises from documents or other materials prepared or
distributed by the DOJ that may appear to conflict with, or differ in some way from, the provisions of
the Part 200 Uniform Requirements, the recipient is to contact DCJ promptly for clarification.
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D. Compliance with DOJ Grants Financial Guide
[Same as years: 2018, 2019, 2020, 2021, 2022]
The grantee agrees to comply with the current edition of the DOJ Grants Financial Guide as posted on
the website, including any updated version that may be posted during the period of performance.
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the
OJP website (currently, the "DOJ Grants Financial Guide" available at
https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during
the period of performance.
E. Reclassification of various statutory provisions to a new Title 34 of the United States Code
[Same as years: 2018, 2019, 2020, 2021, 2022]
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were
editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and
Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to DOJ
awards (that is, DOJ grants and cooperative agreements), including many provisions previously codified
in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has
been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory
provision as reclassified to Title 34. This rule of construction specifically includes references set out in
award conditions, references set out in material incorporated by reference through award conditions, and
references set out in other award requirements.
F. Requirements related to "de minimis" indirect cost rate
[Same as years: 2018, 2019, 2020, 2021, 2022]
A grantee that is eligible under the Part 200 Uniform Requirements and other applicable law to use the
"de minimis" indirect cost rate described in 2 C.F.R. 200.414(0, and that elects to use the "de minimis"
indirect cost rate must comply with all associated requirements in the Part 200 Uniform Requirements.
The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part
200 Uniform Requirements
G. Requirement to report potentially duplicative funding
[Same as years: 2018, 2019, 2020, 2021, 2022]
If the recipient currently has other active awards of federal funds, or if the recipient receives any other
award of federal funds during the period of performance for this award, the recipient promptly must
determine whether funds from any of those other federal awards have been, are being, or are to be used
(in whole or in part) for one or more of the identical cost items for which funds are provided under this
award. If so, the recipient must promptly notify DCJ in writing of the potential duplication, and, if so
requested by DCJ, must seek a budget -modification and change -of -project to eliminate any
inappropriate duplication of funding.
H. Requirements related to System for Award Management and Universal Identifier
Requirements/Unique Entity Identifiers
[Same as years: 019, 2020, 2021, 2022 -
except as highlighted
1
The grantee must comply with applicable requirements regarding the System for Award Management
(SAM), currently accessible at https://www.sam.gov/SAM/. This includes applicable requirements
regarding registration with SAM, as well as maintaining the currency of information in SAM.
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The grantee must comply with applicable restrictions on subawards Grantees, including restrictions on
subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier
required for SAM registration.
The details of the grantee's obligations related to SAM and to unique entity identifiers are posted on the
OJP web site at https://ojp.gov/funding/Explore/SAM.htm and the OVW website at
https://www.justice.gov/ovw/award-conditions (Award condition: System for Award Management
(SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person
(i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her
name).
I. Employment eligibility verification for hiring under the award
[Same as years: 2019, 2020, 2021, 2022]
1. The grantee (and any subrecipient at any tier) must
a. Ensure that, as part of the hiring process for any position within the United States that is or will
be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly
verifies the employment eligibility of the individual who is being hired, consistent with the
provisions of 8 U.S.C. 1324a(a)(1).
b. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved
in activities under this award of both
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful,
in the United States, to hire (or recruit for employment) certain aliens.
c. Provide training (to the extent necessary) to those persons required by this condition to be
notified of the award requirement for employment eligibility verification and of the associated
provisions of 8 U.S.C. 1324a(a)(1).
d. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform
Requirements), maintain records of all employment eligibility verifications pertinent to
compliance with this award condition in accordance with Form 1-9 record retention
requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring. The grantee's monitoring responsibilities include monitoring of subrecipient compliance
with this condition.
3. Allowable costs. To the extent that such costs are not reimbursed under any other federal program,
award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions
designed to ensure compliance with this condition.
4. Rules of construction
a. Staff involved in the hiring process
b. For purposes of this condition, persons "who are or will be involved in activities under this
award" specifically includes (without limitation) any and all recipient (or any subrecipient)
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officials or other staff who are or will be involved in the hiring process with respect to a position
that is or will be funded (in whole or in part) with award funds.
c. Employment eligibility confirmation with E -Verify
d. For purposes of satisfying the requirement of this condition regarding verification of
employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use,
E -Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the
recipient (or subrecipient) uses E -Verify (and follows the proper E -Verify procedures, including
in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm
employment eligibility for each hiring for a position in the United States that is or will be funded
(in whole or in part) with award funds.
e. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin
Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
f. Nothing in this condition shall be understood to authorize or require any recipient, any
subrecipient at any tier, or any person or other entity, to violate any federal law, including any
applicable civil rights or nondiscrimination law.
g. Nothing in this condition, including in paragraph 4.b., shall be understood to relieve any
recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise
imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E -Verify should be directed to DHS. For more information about E -Verify visit the E -
Verify website (https://www.e-verify.gov/) or email E -Verify at E-Verify@dhs.gov. E -Verify employer
agents can email E -Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to DCJ, before award
acceptance.
J. Requirement to report actual or imminent breach of personally identifiable information (PII)
[Same as years: 2018, 2019, 2020, 2021, 2022 - except as highlighted]
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the
event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects,
uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable
Information (PII)" (2 CFR 200.1) within the scope of an DOJ grant -funded program or activity, or (2)
uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach
procedures must include a requirement to report actual or imminent breach of PII to an DOJ Program
Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent
breach.
K. All subawards ("subgrants") and contracts must have DCJ authorization
[Same as years: 2018, 2019, 2020, 2021, 2022]
The grantee, and any subrecipient ("subgrantee") at any tier, must receive approval from DCJ prior to
issuing a subaward or a procurement contract under this award.
L. Specific post -award approval required to use a noncompetitive approach in any procurement
contract
[Same as years: 2018, 2019, 2020, 2021, 2022]
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The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements to obtain specific advance approval to use a noncompetitive approach in any procurement
contract. This condition applies to agreements that -- for purposes of federal grants administrative
requirements — OJP or OVW considers a procurement "contract" (and therefore does not consider a
subaward).
M. Requirements pertaining to prohibited conduct related to trafficking in persons (including
reporting requirements and DOJ or DCJ authority to terminate award)
[Same as years: 2021, 2022]
The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited conduct related to
the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals
defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the grantee's obligations related to prohibited conduct related to trafficking in persons are
posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm and
the OVW web site at https://www.justice.gov/ovw/award-conditions (Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons (including reporting
requirements and DOJ authority to terminate award)), and are incorporated by reference here.
N. Determination of suitability to interact with participating minors
[Same as years: 2021, 2022]
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as
approved by DOJ) (or in the application for any subaward at any tier), the DOJ funding announcement
(solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be
carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of
individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain
individuals may interact with participating minors. This requirement applies regardless of an individual's
employment status.
The details of this requirement are posted on the OJP web site at
https://ojp.gov/funding/Explore/Interact-Minors.htm and OVW web site at
https://www.justice.gov/ovw/avvard-conditions (Award condition: Determination of suitability required,
in advance, for certain individuals who may interact with participating minors), and are incorporated by
reference here.
O. Compliance with applicable rules regarding approval, planning, and reporting of conferences,
meetings, trainings, and other events
[Same as years: 2018, 2019, 2020, 2021, 2022]
The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws,
regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and
reporting requirements, where applicable) governing the use of federal funds for expenses related to
conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such
conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award
appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in
the "DOJ Grants Financial Guide").
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Recipients of OVW grant dollars only: Additional information on the pertinent to this award appears
on the OVW website at https://www.justice.gov/ovw/conference-planning.
P. Requirement for data on performance and effectiveness under the award
[Same as years: 2020, 2021, 2022]
The recipient must collect and maintain data that measure the performance and effectiveness of work
under this award. The data must be provided to DCJ and/or DOJ in the manner (including within the
timeframes) specified by DCJ in the program solicitation or other applicable written guidance. Data
collection supports compliance with the Government Performance and Results Act (GPRA) and the
GPRA Modernization Act of 2010, and other applicable laws.
Q. Training Guiding Principles
[Same as years: 2018, 2019, 2020, 2021, 2022]
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier --
develops or delivers with DOJ award funds must adhere to the OJP Training Guiding Principles for
Grantees and Subgrantees, available at
https://oip.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm , or the OVW
Training Guiding Principles for Grantees and Subgrantees, available at
https://www justice.gov/ovw/resources-and-faqs-grantees#Discretionary.
R. Effect of failure to address audit issues
[Same as years: 2018, 2019, 2020, 2021, 2022]
The recipient understands and agrees that the DCJ or the DOJ awarding agency (OJP or OVW, as
appropriate) may withhold award funds, or may impose other related requirements, if (as determined by
the DCJ or DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding
issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or
other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
S. Potential imposition of additional requirements
[Same as years: 2018, 2019, 2020, 2021, 2022]
The recipient agrees to comply with any additional requirements that may be imposed by the DCJ during
the period of performance for this award, if the recipient is designated as "high -risk" for purposes of the
DCJ high -risk grantee list.
T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.
Part 42
[Same as years: 2018, 2019, 2020, 2021, 2022]
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28
C.F.R. Part 42 that relate to an equal employment opportunity program.
U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.
Part 54
[Same as years: 2018, 2019, 2020, 2021, 2022]
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain
"education programs."
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V. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.
Part 38
[Same as years: 2018, 2019, 2020, 2021, 2022]
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any
applicable requirements regarding written notice to program beneficiaries and prospective program
beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to
attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that
pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly
religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are
faith -based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently
accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28 -Judicial
Administration, Chapter 1, Part 38, under e-CFR "current" data.
W. Restrictions on "lobbying" and policy development
[Same as years: 2018, 2019, 2020, 2021, 2022 - except as highlighted]
In general, as a matter of federal law, federal funds awarded by DOJ may not be used by the grantee, or
any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the
enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of
government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically
authorizes certain activities that otherwise would be barred by law.)
Recipients of OVW grant dollars only:
The recipient, or any subrecipient ("subgrantee") may, however, use federal funds to collaborate
with and provide information to federal, state, local, tribal and territorial public officials and
agencies to develop and implement policies and develop and promote state, local, or tribal legislation
or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault,
and stalking (as those terms are defined in 34 U.S.C. § 12291(a)) when such collaboration and
provision of information is consistent with the activities otherwise authorized under this grant
program.
Another federal law generally prohibits federal funds awarded by DOJ from being used by the recipient,
or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency,
a Member of Congress, or Congress (or an official or employee of any of them) with respect to the
awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with
respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352.
Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal
organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient)
would or might fall within the scope of these prohibitions, the recipient is to contact DCJ for guidance,
and may not proceed without the express prior written approval of DCJ and the DOJ awarding agency
(OJP or OVW, as appropriate).
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X. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2023)
[Same as years: 2021, 2022 - except as highlighted]
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions,
including from various "general provisions" in the Consolidated Appropriations Act, 2023, are set out at
https://ojp.gov/funding/Explore/FY23AppropriationsRestrictions.htm,
https://www.justice.gov/ovw/award-conditions, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient)
would or might fall within the scope of an appropriations -law restriction, the recipient is to contact DCJ
for guidance, and may not proceed without the express prior written approval of DCJ.
Y. Reporting potential fraud, waste, and abuse, and similar misconduct
[Same as years: 2020, 2021, 2022 - except as highlighted]
The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the
Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient,
contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted
a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be
reported to the OIG by --(1) online submission accessible via the OIG webpage at
https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to:
U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee
Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the
DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig.
Z. Restrictions and certifications regarding non -disclosure agreements and related matters
[Same as years: 2018, 2019, 2020, 2021, 2022]
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement
contract or subcontract with any funds under this award, may require any employee or contractor to sign
an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to
prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or
law enforcement representative of a federal department or agency authorized to receive such
information.
The foregoing is not intended, and shall not be understood by the agency making this award, to
contravene requirements applicable to Standard Form 312 (which relates to classified information),
Form 4414 (which relates to sensitive compartmented information), or any other form issued by a
federal department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient
a. represents that it neither requires nor has required internal confidentiality agreements or
statements from employees or contractors that currently prohibit or otherwise currently restrict
(or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse
as described above; and
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b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors
to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or
restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any
further obligations of award funds, will provide prompt written notification to the federal agency
making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement
contracts, or both --
a. it represents that --
(1) it has determined that no other entity that the recipient's application proposes may or will
receive award funds (whether through a subaward ("subgrant"), procurement contract, or
subcontract under a procurement contract) either requires or has required internal
confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity
that receives funds under this award is or has been requiring its employees or contractors to
execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or
restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any
further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
AA. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
[Same as years: 2018, 2019, 2020, 2021, 2022]
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable
provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified
circumstances, discrimination against an employee as reprisal for the employee's disclosure of
information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse
of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the
workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the
grantee is to contact the DCJ for guidance.
BB. Encouragement of policies to ban text messaging while driving
[Same as years: 2018, 2019, 2020, 2021, 2022]
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving,"
74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to
adopt and enforce policies banning employees from text messaging while driving any vehicle during the
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course of performing work funded by this award, and to establish workplace safety policies and conduct
education, awareness, and other outreach to decrease crashes caused by distracted drivers.
CC. Requirement to disclose whether recipient is designated "high risk" by a federal grant -
making agency
[Same as years: 2019, 2020, 2021, 2022]
If the recipient is designated "high risk" by a federal grant -making agency, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and
certain related information to DCJ. For purposes of this disclosure, high risk includes any status under
which a federal awarding agency provides additional oversight due to the recipient's past performance,
or other programmatic or financial concerns with the recipient. The recipient's disclosure must include
the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The
date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding
agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out
by the federal awarding agency
DD. Right to examine documents
[Same as years: 2018, 2019, 2020, 2021, 2022]
The grantee, and any subrecipient ("subgrantee") at any tier, must authorize the DCJ or DOJ awarding
agency (OJP or OVW, as appropriate) and/or the Office of the Chief Financial Officer (OCFO), and its
representatives, access to and the right to examine all records, books, paper, or documents related to this
grant.
EE. Maintaining contact information
[Same as years: 2018, 2019, 2020, 2021, 2022]
The grantee acknowledges that it is responsible for maintaining updated contact information in the
Grants Management System (GMS). To update information in GMS for either the point of contact
and/or the authorized representative, the grantee must submit a Change in Project Officials (DCJ Form
4-B).
FF.Recipient integrity and performance matters: Requirement to report information on certain civil,
criminal, and administrative proceedings to SAM and FAPIIS
[Same as years: 2019, 2020, 2021, 2022]
The recipient must comply with any and all applicable requirements regarding reporting of information
on civil, criminal, and administrative proceedings connected with (or connected to the performance of)
either this DOJ award or any other grant, cooperative agreement, or procurement contract from the
federal government. Under certain circumstances, recipients of DOJ awards are required to report
information about such proceedings, through the federal System for Award Management (known as
"SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on
certain civil, criminal, and administrative proceedings to the federal designated integrity and
performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at
https://ojp.gov/funding/FAPIIS.htm and OVW web site at: https://www.justice.gov/ovw/ award -
conditions (Award Condition: Recipient Integrity and Performance Matters, including Recipient
Reporting to FAPIIS), and are incorporated by reference here.
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GG. Cooperating with DOJ Monitoring
[Same as years: 2021, 2022]
The recipient agrees to cooperate with DCJ and DOJ monitoring of this award pursuant to DCJ and
DOJ's guidelines, protocols, and procedures, and to cooperate with DCJ and DOJ (including the grant
manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such
monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide
to DCJ and DOJ all documentation necessary for DCJ and/or DOJ to complete its monitoring tasks,
including documentation related to any subawards made under this award. Further, the recipient agrees
to abide by reasonable deadlines set by DCJ and/or DOJ for providing the requested documents. Failure
to cooperate with DCJ and/or DOJ's monitoring activities may result in actions that affect the recipient's
DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's
access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ
High Risk grantee; or termination of an award(s).
HH. Required monitoring of subawards
[Same as years: 2021, 2022]
The recipient must monitor subawards under this award in accordance with all applicable statutes,
regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable
conditions of this award in any subaward. Among other things, the recipient is responsible for oversight
of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award
funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and
procedures for monitoring of subawards under this award.
II. Safe policing and law enforcement subrecipients
[Same as years: 2021, 2022]
If this award is a discretionary award, the recipient agrees that it will not make any subawards to State,
local, college, or university law enforcement agencies unless such agencies have been certified by an
approved independent credentialing body or have started the certification process. To become certified,
law enforcement agencies must meet two mandatory conditions: (1) the agency's use of force policies
adhere to all applicable federal, state, and local laws; and (2) the agency's use of force policies prohibit
chokeholds except in situations where use of deadly force is allowed by law. For detailed information on
this certification requirement, see https://cops.usdoj.gov/SafePolicingEO.
JJ. Authorized Official
[Same as years: 2022]
The grantee understands that, in accepting this award, the Authorized Representative declares and
certifies, among other things, that he or she possesses the requisite legal authority to accept the award on
behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to
conduct throughout the period of performance under this award. The recipient further understands, and
agrees, that it will not assign anyone to the role of Authorized Representative during the period of
performance under the award without first ensuring that the individual has the requisite legal authority.
KK. Compliance with restrictions on the use of federal funds -prohibited and controlled
equipment under OJP award
[New - incorporated by reference in many OJP awards made during or after May 1, 2023]
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Recipients of OVJP grant dollars only: Consistent with Executive Order 14074, "Advancing
Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public
Safety," OJP has prohibited the use of federal funds under this award for purchases or transfers of
specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any
subrecipient ("subgrantee") at any tier, to put in place specified controls prior to using federal funds
under this award to acquire or transfer any property identified on the "controlled equipment list."
The details of the requirement are posted on the OJP web site at
https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:
Compliance with restrictions on the use of federal funds: Prohibited and Controlled Equipment under
OJP awards), and are incorporated by reference here.
5. FINANCIAL REQUIREMENTS
A. Non -supplantation
[Same as years: 2018, 2019, 2020, 2021, 2022]
The recipient agrees that grant funds will be used to supplement, not supplant, non-federal funds that
would otherwise be available for the activities under this grant.
Supplanting arises when a Recipient reduces non-federal funds for an activity specifically because
federal funds are available (or are expected to be available) to fund that same activity. Federal funds
must be used to supplement existing State or local funds for program activities, and may not replace
(that is, may not "supplant") State or local funds that have been appropriated or allocated for the same
purpose. Additionally, federal funding may not replace State or local funding that is required by law.
When supplanting is prohibited, potential supplanting will be the subject of DCJ monitoring and audit.
Should a question of supplanting arise, the grantee will be required to substantiate that any reduction in
non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.
B. Misuse of award funds
[Same as years: 2018, 2019, 2020, 2021, 2022]
The recipient understands and agrees that misuse of award funds may result in a range of penalties,
including suspension of current and future funds, suspension or debarment from federal grants,
recoupment of monies provided under an award, and civil and/or criminal penalties.
C. Limitation on use of funds to approved activities
[Same as years: 2018, 2019, 2020, 2021, 2022]
The recipient agrees that grant funds will be used only for the purposes described in this award. The
grantee must not undertake any work or activities that are not described in this award, and must not use
staff, equipment, or other goods or services paid for with grant funds for such work or activities, without
prior written approval from DCJ.
D. Consultant compensation rates
[Same as years: 2019, 2020, 2021, 2022]
The recipient acknowledges that consultants paid with award funds generally may not be paid at a rate in
excess of $81.25 per hour, not to exceed $650 per day. To exceed this specified maximum rate,
recipients must submit to DCJ a detailed justification and have such justification approved by DCJ, prior
to obligation or expenditure of such funds. Issuance of this award or approval of the award budget alone
does not indicate approval of any consultant rate in excess of $81.25 per hour, not to exceed $650 per
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Federal Awards issued from 2023 Federal Grant Funds
day. Although prior approval is not required for consultant rates below this specified maximum rate,
recipients are required to maintain documentation to support all daily or hourly consultant rates.
E. Limit on use of grant funds for grantees' employees' salaries
[Same as years: 2019, 2020, 2021, 2022]
With respect to this award, federal funds may not be used to pay cash compensation (salary plus
bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual
salary payable to a member of the federal government's Senior Executive Service (SES) at an agency
with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate
an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with
non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis
at the discretion of the DCJ via DOJ.
6. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH DOJ AWARDS
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has
been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP,
the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women
(OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title
VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of
federal financial assistance to give assurances that they will comply with those laws. Taken together, these
civil rights laws prohibit recipients of federal financial assistance from the DOJ from discriminating in
services and employment because of race, color, national origin, religion, disability, sex, and, for grants
authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are
also prohibited from discriminating in services because of age. For a complete review of these civil rights
laws and nondiscrimination requirements, in connection with DOJ awards, see
https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile
Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two
additional obligations that may apply in connection with the awards: (1) complying with the regulation
relating to Equal Employment Opportunity Programs (ESOPs); and (2) submitting findings of
discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42,
subpart E, and for additional information regarding requirements when there is an adverse finding, see
28C.F.R. §§ 42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements that are
associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's
civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not
hesitate to contact the OCR at askOCR@ojp.usdoj.gov.
The Grantee hereby agrees that it will comply, and all of its subrecipients ("subgrantees") will comply, with
the applicable provisions of:
A. Civil rights laws and nondiscrimination provisions
[Same as years: 2018, 2019, 2020, 2021, 2022 - except as highlighted]
States and units of local government, public and nonprofit institutions of higher education, nonprofit
organizations, for-profit businesses, and other recipients of DOJ grants may be subject to various federal
civil rights laws for reasons other than their receipt of DOJ funds. Some examples include federal civil
Page 16 of 21
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Federal Awards issued from 2023 Federal Grant Funds
rights laws related to discrimination on the basis of race, color, national origin, sex, religion, or
disability.
Because a DOJ award is a form of "federal financial assistance," the recipients of a DOJ award (and any
"subrecipient" at any tier) must comply with additional civil -rights -related requirements above and
beyond those that otherwise would apply.
In general, these additional requirements fall into one of two categories:
1. Civil rights laws (sometimes referred to as "cross -cutting" federal civil rights statutes). These apply
to essentially any entity that receives an award of federal financial assistance -- regardless of which
federal agency awards the grant or cooperative agreement -- and encompass the "program or
activity" funded in whole or in part with the federal financial assistance.
2. Nondiscrimination provisions. These are requirements or restrictions that apply to certain OJP or
OVW awards -- in addition to the civil rights laws -- because they are set out in a statute that applies
specifically to one or more particular OJP or OVW grant programs, or to OJP or OVW awards made
under a particular legal authority. Much like the civil rights laws, these provisions apply variously to
the programs, activity, or undertaking funded in whole or in part by OJP or OVW, and are described
herein.
a. Such nondiscrimination provisions apply to some, but not all, OJP or OVW grant programs.
b. The nondiscrimination provisions that apply to an OJP or OVW award (above and beyond the
requirements in "cross -cutting" civil rights laws) may vary from award to award, even for awards
made during the same fiscal year.
c. Typically, no more than one of these nondiscrimination provisions will apply to any particular
OJP or OVW award.
General information on the civil rights laws that apply to every OJP or OVW award, and on the
nondiscrimination provisions that apply to some OJP or OVW awards, is available at
https://ojp.gov/about/ocristatutes-regulations.
NOTE: As discussed in more detail below, if a civil rights law or nondiscrimination provision prohibits
discrimination in employment on the basis of religion, the prohibition is read together with the
provisions of the Religious Freedom Restoration Act of 1993.
B. Civil rights compliance: Access to services and benefits by individuals with limited English
proficiency
[Same as years: 2020, 2021, 2022]
Compliance with the civil rights laws entails, among other things, taking reasonable steps to ensure that
individuals with limited English proficiency (LEP) have meaningful access to DOJ-funded programs or
services. An individual with limited English proficiency is one whose first language is not English and
who has a limited ability to read, write, speak, or understand English. To assist recipients of DOJ
awards in meeting their obligations with respect to such individuals, DOJ has published a guidance
document, available on the LEP.gov website.
C. Certification
[Same as years: 2018, 2019, 2020, 2021, 2022]
Page 17 of 21
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Federal Awards issued from 2023 Federal Grant Funds
Each grantee by accepting this award, certifies that it will comply (and it will require any subrecipient at
any tier to comply) with applicable civil rights laws and nondiscrimination provisions. An additional
DCJ Form 30, will be required prior to the disbursement of any funds.
D. Nondiscrimination provisions and the Religious Freedom Restoration Act
[Same as years: 2022]
As noted earlier, a nondiscrimination provision that deals with discrimination in employment on the
basis of religion is read together with the pertinent provisions of the Religious Freedom Restoration Act
of 1993. As a result, even if an otherwise -applicable nondiscrimination provision states that a grantee or
subrecipient may not discriminate in employment based on religion, a DOJ recipient or subrecipient that
is a faith -based organization may consider religion in hiring, provided it satisfies particular
requirements.
An DOJ recipient that is a faith -based organization and that seeks to consider religion in hiring despite
an applicable nondiscrimination provision must properly execute and submit to DCJ a specific formal
certification to DCJ to the effect that --
1. The grantee is a religious organization that sincerely believes that providing the programs or services
funded by the DOJ award is an expression of its religious beliefs, that employing individuals of
particular religious belief is important to its religious exercise, and that having to abandon its
religious hiring practice to receive federal funding would substantially burden its religious exercise.
2. The grantee will not discriminate against beneficiaries (or prospective beneficiaries) of the programs
or services funded by the DOJ award on the basis of religion, a religious belief, a refusal to hold a
religious belief, or a refusal to attend or participate in a religious practice.
3. The grantee will keep any explicitly religious activities separate in time or location from programs or
services funded by the DOJ award.
4. The grantee will not require beneficiaries (or prospective beneficiaries) of programs or services
funded by the DOJ award to attend or participate in any explicitly religious activities. Any such
participation will be purely voluntary.
To make the required certification, an appropriate, authorized official of the grantee organization must
execute the Certification Regarding Hiring Practices on the Basis of Religion on behalf of the grantee.
A copy of the executed certification must be submitted to DCJ. The grantee must retain the signed
original on file as part of its records for the DOJ award.
An DOJ recipient that executes and submits a certification that satisfies these requirements ordinarily
may consider religion in hiring. Different rules may apply, however, if there is good reason to question
the truthfulness of the certification, or if DCJ determines that it is necessary to restrict the recipient from
considering religion in hiring to further a compelling government interest. (If DCJ makes such a
determination, the DCJ may impose limitations that represent the least restrictive means of furthering
the compelling government interest.)
The rules that apply to subrecipients of DOJ awards that are faith -based organizations are similar, except
that the subrecipient is to submit the required certification to the grantee.
E. Overview of "Civil Rights Laws"
[Same as years: 2022 - except as highlighted]
Important "civil rights laws" that apply to all federal financial assistance -- and to all recipients and
subrecipients of DOJ awards made in FY 2023, are these:
Page 18 of 21
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Federal Awards issued from 2023 Federal Grant Funds
Section 601 of Title VI of the Civil Rights Act of 1964 (codified at 42 U.S.C. 2000d)
Statutory provision:
No person in the United States shall, on the ground of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
DOJ implementing regulation: Subparts C and D of 28 C.F.R. Part 42.
Section 504 of the Rehabilitation Act of 1973 (codified at 29 U.S.C. 794)
Statutory provision:
No otherwise qualified individual with a disability in the United States, as defined in [29
U.S.C. 705(20)], shall, solely by reason of her or his disability, be excluded from the
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance[.]
DOJ implementing regulation: Subpart G of 28 C.F.R. Part 42.
Section 901 of Title IX of the Education Amendments of 1972 (codified at 20 U.S.C. 1681)
o Statutory provision:
No person in the United States shall, on the basis of sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any education
program or activity receiving Federal financial assistance[.]
o DOJ implementing regulations: Subpart D of 28 C.F.R. Part 42; 28 C.F.R Part 54.
Section 303 of the Age Discrimination Act of 1975 (codified at 42 U.S.C. 6102)
o Statutory provision:
[N]o person in the United States shall, on the basis of age, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under, any program or
activity receiving Federal financial assistance.
DOJ implementing regulation: Subpart I of 28 C.F.R. Part 42.
7. RECIPIENTS OF OVW GRANT DOLLARS ONLY
A. Availability of general terms and conditions on OVW website
[Same as years: 2019, 2020, 2021, 2022]
The grantee agrees to follow the applicable set of general terms and conditions that are available at
https://www.justice.goviovw/award-conditions. These do not supersede any specific conditions in this
award document.
B. Compliance with statutory and regulatory requirements
[Same as years: 2018,2019, 2020, 2021, 2022]
The grantee agrees to comply with all relevant statutory and regulatory requirements, which may
include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the
Violence Against Women Act of 2000, P.L. 106-386, the Violence Against Women and Department of
Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of
Page 19 of 21
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Federal Awards issued from 2023 Federal Grant Funds
2013, P.L. 113-4, the Omnibus Crime Control and Safe Streets Act of 1968, 34 U.S.C. §§ 10101 et seq.,
and OVW's implementing regulations at 28 C.F.R. Part 90.
C. VAWA 2013 nondiscrimination condition
[Same as years: 2018, 2019, 2020, 2021, 2022]
The recipient acknowledges that 34 U.S.C. § 12291(b)(13) prohibits recipients of OVW awards from
excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived
race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program
or activity funded in whole or in part by OVW. The recipient agrees that it will comply with this
provision. The recipient also agrees to ensure that any subrecipients ("subgrantees") at any tier will
comply with this provision.
D. Confidentiality and information sharing
[Same as years: 2018, 2019, 2020, 2021, 2022]
The grantee agrees to comply with the provisions of 34 U.S.C. § 12291(b)(2), nondisclosure of
confidential or private information, which includes creating and maintaining documentation of
compliance, such as policies and procedures for release of victim information. The recipient also agrees
to comply with the regulations implementing this provision at 28 CFR 90.4(b) and "Frequently Asked
Questions (FAQs) on the VAWA Confidentiality Provision (34 U.S.C. § 12291(b)(2))" on the OVW
website at https://www.justice.gov/ovw/resources-and-faqs-grantees. The grantee also agrees to ensure
that all subrecipients ("subgrantees") at any tier meet these requirements.
E. Activities that compromise victim safety and recovery and undermine offender accountability
[Same as years: 2018, 2019, 2020, 2021, 2022]
The recipient agrees that grant funds will not support activities that compromise victim safety and
recovery or undermine offender accountability, such as: procedures or policies that exclude victims from
receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or
perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health
condition, physical health condition, criminal record, work in the sex industry, or the age and/or sex of
their children; procedures or policies that compromise the confidentiality of information and privacy of
persons receiving OVW-funded services; procedures or policies that impose requirements on victims in
order to receive services (e.g., seek an order of protection, receive counseling, participate in couples'
counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.); procedures or
policies that fail to ensure service providers conduct safety planning with victims; project design and
budgets that fail to account for the access needs of participants with disabilities and participants who
have limited English proficiency or are Deaf or hard of hearing; or any other activities outlined in the
solicitation under which the approved application was submitted.
F. Policy for response to workplace -related incidents of sexual misconduct, domestic violence, and
dating violence
[Same as years: 2020, 2021, 2022]
The recipient, and any subrecipient at any tier, must have a policy, or issue a policy within 270 days of
the award date, to address workplace -related incidents of sexual misconduct, domestic violence, and
dating violence involving an employee, volunteer, consultant, or contractor. The details of this
requirement are posted on the OVW web site at https://wwvv.justice.gov/ovw/award-conditions (Award
Condition: Policy for response to workplace -related sexual misconduct, domestic violence, and dating
violence), and are incorporated by reference here.
Page 20 of 21
Docusign Envelope ID: A3F77AD1-B5B1-4CB1-8245-1888BBBF1800
Federal Awards issued from 2023 Federal Grant Funds
G. Termination or suspension for cause
[Same as years: 2018, 2019, 2020, 2021, 2022]
DCJ or the Director of OVW, upon a finding that there has been substantial failure by the recipient to
comply with applicable laws, regulations, and/or the terms and conditions of the award or relevant
solicitation, will terminate or suspend until DCJ or the Director is satisfied that there is no longer such
failure, all or part of the award, in accordance with the provisions of 28 C.F.R. Part 18, as applicable
mutatis mutandis.
H. Compliance with solicitation requirements
[Same as years: 2021, 2022]
The recipient agrees that it must be in compliance with requirements outlined in the solicitation under
which the approved application was submitted, the applicable Solicitation Companion Guide, and any
program -specific frequently asked questions (FAQs) on the OVW website
(https://www.justice.gov/ovw/resources-and-faqs-grantees). The program solicitation, Companion
Guide, and any program specific FAQs are hereby incorporated by reference into this award.
I. Subrecipient program income
[Same as years: 2021, 2022]
The recipient understands and agrees that it has responsibility for approval of program income earned by
subrecipients. Program income, as defined by 2 C.F.R. 200.1, means gross income earned by a non-
federal entity that is directly generated by a supported activity or earned as a result of the federal award
during the period of performance.
Without prior approval, program income must be deducted from total allowable costs to determine the
net allowable costs. In order to add program income to a subaward, subrecipients must seek approval
from the recipient prior to generating any program income. Any program income added to a subaward
must be used to support activities that were approved in the budget and follow the conditions of the
subaward agreement. Any program income approved by the recipient must be reported by the
subrecipient to the recipient so that it is reported on the quarterly Program Income Financial Report
(DCJ Form 1-B) in accordance with the addition alternative. If the program income amount changes
(increases or decreases) during the project period, the recipient must provide approval by the end of the
project period. Failure to comply with these requirements may result in audit findings for both the
recipient and the subrecipient.
J. Subrecipient product monitoring
[Same as years: 2021, 2022]
The recipient agrees to monitor subrecipients to ensure that materials and products (written, visual, or
sound) developed with OVW formula grant program funding fall within the scope of the grant program
and do not compromise victim safety.
Page 21 of 21
SUBRECIPIENT (Grantee) OFFICIALS SIGNATURE PAGE
The Grantee Agency and responsible signatories certify by signing that they have read the Grant Agreement and are
fully cognizant of their duties and responsibilities for this project. 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
grant award is considered a public record.
AUTHORIZED OFFICIAL
(Person authorized to sign Contracts/Grant A¢reements)
Name
Kevin D. Ross
Position
Chair, Board of Weld County Commissioners
Agency
Weld County Government
Mailing Address
1150 O Street
City, State, Zip
Greeley, CO 80631
Telephone #
970-400-4207
Fax 6
E-mail Address
kross@weld.gov
Signature
Digitally signed by Kevin Ross Date
Kevin Ross Date: 2024.11.13 09:17:34 -07'00'
FINANCIAL OFFICER
Name
Marci L. Hoffman
Position
Court Executive
Agency
19th Judicial District - Weld County
Mailing Address
PO Box 2038
City, State, Zip
Greeley, CO 80632
Telephone #
970-475-2500
Fax #
E-mail Address
marci.hoffman@judicial.state.co.us
Signature
Dpitely al■7=.L.-O=7.1.J...............,
DN:C=US,_HORman,E ate
merd.ramn.n®��ew.i,da<..�n.us
Marci L_ HoffmanLoeeNm�amtheaNhorofthud' --'
MIX126.,o.0S,45,:0 r.": 10/9/2024
Fodt POF Editor Veealon: 13.1.0
PROJECT DIRECTOR
Name
Karolyn D. Patch
Position
Director of Victim Services
Agency
Weld County District Attorney's Office
Mailing Address
PO Box 1167
city, State, Zip
Greeley, CO 80632
Telephone #
970-400-4748
Fax #
970-352-8023
E-mail Address
kpatch@weld.gov
Signature
Karol Patch Digitally signed by Karol Patch Date
Date: 2024.10.09 14:38:34 -06'00' 10/9/24
LJUL.uJly.11 GIIVCIUpe uouI.7C,LJ-vuvo-Y/rr-.7uuc-CuooM4uorr0.7
a
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro-curement) and
Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 28 CFR Part 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at
28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in-
fluencing 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 con-
nection 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;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or at-
tempting 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
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(c) The undersigned shall require that the language of this cer-
tification be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Part 67, for prospec-
tive participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510—
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debar-
ment, declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency;
(b) Have not within a three-year period preceding this applica-
tion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this applica-
tion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620—
A. The applicant certifies that it will or will continue to provide
a drug -free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to
inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
grant, the employee will—
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE.
Docusign Envelope D: A3F77AD1-B5B1-4CB1-8245-1888BBBF1800
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such convic-tion.
Employers of convicted employees must provide notice, including
position title, to: Department of Justice, Office of
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue,
N.W., Washington, D.C. 20531. Notice shall include the iden-
tification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law enforce-
ment, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -
free workplace through implementation of paragraphs (a), (b),
(c), (d), (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, county, state, zip
code)
weld County Justice Center
901 9th Avenue, 915 10th St
Greeley CO 80631
Check 0 if there are workplaces on file that are not indentified
here.
Section 67, 630 of the regulations provides that a grantee that
is a State may elect to make one certification in each Federal
fiscal year. A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
Check 0 if the State has elected to complete OJP Form
4061/7.
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67 620
A. As a condition of the grant, I certify that I will not engage
in the unlawful manufacture, distribution, dispensing, posses-
sion, or use of a controlled substance in conducting any
activity with the grant; and
B. If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity,
will report the conviction, in writing, within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
Washington, D.C. 20531.
Required only for awards greater than $100,000. This form must be signed by the Signature Authority/
Authorized Official for the Grantee Agency. The Project Director should NOT sign this form.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
weld County District Attorney's office, 19th Judicial District
PO Box 1167
Greeley, CO 80632-1167
1. Grantee Name and Address:
22-vC-19
2. Application Number and/or Project Name
LIN# 84-6000-813
3. Grantee IRS/Vendor Number
Kevin D. Ross, Board Chair of weld County Commissioners
4. Typed Name and Title of Authorized Representative
i-Signed by:
r f1 A A l'7 rt." I Il A r Al A 7
5. Signature
11/18/2024 12:30:15 P
vI MS-`
6. Date
DocuSign
Certificate Of Completion
Envelope Id: A3F77AD1 B5B14CB182451888BBBF1800
Subject: DCJ Grant - Victims Compensation 22 -VC -19
Source Envelope:
Document Pages: 100
Certificate Pages: 5
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Record Tracking
Status: Original
9/30/2024 5:11:07 PM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Karol Patch
kpatch@weld.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/28/2024 8:36:03 AM
ID: 4404d09e-bb 1 c-4691-99ca-b26747ee8aad
Kevin Ross
BOCC-Contracts@weldgov.com
Chair
Weld County
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/18/2024 12:32:17 PM
ID: c1 1c21 c8-caf4-428c-802a-57da5654028b
Matthew M. Lunn, PhD
matthew.lunn@state.co.us
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/21/2024 7:20:17 AM
ID: 5e7150f4-8436-42c4-915e-0b2526faffe3
Lyndsay Clelland
lyndsay.clelland@state.co.us
Contract, Grant and Compliance Coordinator
Division of Criminal Justice
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signatures: 6
Initials: 0
Holder: CVS Grants
cvsgrants@state.co.us
Pool: FedRamp
Pool: CDPS Contracts and Grants
Signature
/ Signed by:
404BD0569EA7422.
Signature Adoption: Uploaded Signature Image
Using IP Address: 204.133.39.9
Signed by:
E04467D642AE4A7
Signature Adoption: Pre -selected Style
Using IP Address: 204.133.39.9
Signed by:
nut+(aw h. I,yttith., PSI
8C8341EFA6124C4
Signature Adoption: Pre -selected Style
Using IP Address: 70.57.47.231
DocuSigned by:
Cilved,Stui atitauth
630680603F0405..
Signature Adoption: Pre -selected Style
Using IP Address: 165.127.87.1
Status: Completed
Envelope Originator:
CVS Grants
700 Kipling St
Lakewood, CO 80215
cvsgrants@state.co.us
IP Address: 165.127.87.1
Location: DocuSign
Location: DocuSign
Timestamp
Sent: 9/30/2024 5:19:59 PM
Resent: 10/7/2024 4:48:40 PM
Viewed: 10/28/2024 8:36:03 AM
Signed: 10/28/2024 8:48:34 AM
Sent: 10/28/2024 8:48:38 AM
Resent: 11/18/2024 10:27:45 AM
Viewed: 11/18/2024 12:32:17 PM
Signed: 11/18/2024 2:30:15 PM
Sent: 11/18/2024 2:30:19 PM
Resent: 11/20/2024 8:33:03 AM
Viewed: 11/20/2024 6:24:13 PM
Signed: 11/21/2024 7:20:25 AM
Sent: 11/21/2024 7:20:29 AM
Viewed: 11/21/2024 8:56:26 AM
Signed: 11/21/2024 8:56:33 AM
In Person Signer Events
Editor Delivery Events
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Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Lyndsay Clelland
Lyndsay.Clelland@state.co.us
Contract, Grant and Compliance Coordinator
Division of Criminal Justice
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kate Horn Murphy
kate.horn-murphy@state.co.us
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Michael Burtis
Michael.Burtis@state.co.us
Analyst IV
DCJ CDPS
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Laura Montoya
laura.montoya@state.co.us
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
COPIED
re COPIED
COPIED
COPIED
Sent: 11/21/2024 8:56:37 AM
Sent: 11/21/2024 8:56:38 AM
Sent: 11/21/2024 8:56:39 AM
Sent: 11/21/2024 8:56:40 AM
Viewed: 11/21/2024 9:01:22 AM
Witness Events
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Hashed/Encrypted
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Security Checked
Security Checked
Security Checked
9/30/2024 5:20:00 PM
11/18/2024 10:27:44 AM
11/18/2024 10:27:44 AM
11/18/2024 10:27:44 AM
11/21/2024 8:56:26 AM
11/21/2024 8:56:33 AM
11/21/2024 8:56:40 AM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 8/10/2022 3:16:46 PM
Parties agreed to: Karol Patch, Kevin Ross, Matthew M. Lunn, PhD
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, CDPS Contracts and Grants (we, us or Company) may be required by law to
provide to you certain written notices or disclosures. Described below are the terms and
conditions for providing to you such notices and disclosures electronically through the DocuSign
system. Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check -box next to 'I agree to
use electronic records and signatures' before clicking `CONTINUE' within the DocuSign
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per -page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact CDPS Contracts and Grants:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: sarah.white@state.co.us
To advise CDPS Contracts and Grants of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at sarah.white@state.co.us and in
the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from CDPS Contracts and Grants
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to sarah.white@state.co.us and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with CDPS Contracts and Grants
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an email to sarah.white@state.co.us and in the body of such request you must state
your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https:!/support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check -box next to 'I agree to use electronic records and signatures' before
clicking `CONTINUE' within the DocuSign system.
By selecting the check -box next to 'I agree to use electronic records and signatures', you confirm
that:
• You can access and read this Electronic Record and Signature Disclosure; and
• You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
• Until or unless you notify CDPS Contracts and Grants as described above, you consent to
receive exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by CDPS Contracts and Grants during the course of your relationship
with CDPS Contracts and Grants.
Docusign Envelope ID: A3F77AD1-B5B1-4CB1-8245-1888BBBF1800
COLORADO DIVISION OF CRIMINAL JUSTICE
CERTIFICATION OF COMPLIANCE WITH REGULATIONS
OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF JUSTICE (DCJ FORM 30)
INSTRUCTIONS: Complete the table below with information found in the Grant Agreement. Read the form completely,
identify the person responsible for reporting civil rights findings, certlft that the required Civil Rights training has been
completed by the Project Director; and check only one certification under "II" that applies to your agency. Have your
Signature Authority sign at the bottom of page 2, forward a copy to the person identified as being responsible for reporting
civil rights findings 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.
PROJECT DIRECTOR: Karol Patch
P HONE: 970-400-4748
Person responsible for reporting civil rights findings of discrimination: (Name, address, phone & email)
Jill Scott -Human Services Director of weld County
1150 O Street
Greeley, CO 80631
970-400-4230
jscott@weld.gov
I acknowledge that I viewed all of the trainings on Civil Rights available on DCJ's website at
https://www.colorado.gov/pacific/dcj/civil-rights-requirements. I accept responsibility for ensuring that project staff
understands their responsibilities as outlined in the presentations. I understand that if I have any questions about the material
—Snooz by: presented and my responsibilities as a grantee that I will contact my grant manager.
_47
u „- 10/28/2024 I 8:48:34 AM MDT
eoaooacavaszz_.
PROJECT DIRECTOR SIGNATURE
DATE
SIGNATURE AUTHORITY'S CERTIFICATION: As the Signature Authority for the above Grantee, I certify, by my
signature on page two (2), that I have read and am fully cognizant of our duties and responsibilities under this Certification.
I. REQUIREMENTS OF GRANT RECIPIENTS: All grant 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 42301 et sea.; 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.
Page 1 of 2
DCJ30_v12 (Rev. 02/20)
Docusign Envelope ID: A3F77AD1-B5B1-4CB1-8245-1888BBBF1800
DCJ FORM 30:
CERTIFICATION OF COMPLIANCE WITH REGULATIONS,
OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF JUSTICE (Continued)
II. EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) CERTIFICATIONS: Check the box before ONLY ONE
APPROPRIATE CERTIFICATION (A, or B below) that applies to this grantee agency during the period of the grant
duration noted above.
CERTIFICATION "A" [Applicable, if (1), (2) 21 (3), below, apply.] This is the Certification that most non -profits
and small agencies will use. Check all that apply to your entity.
This funded entity:
(1) is an educational, medical or non-profit organization or an Indian Tribe;
(2) has less than 50 employees;
(3) was awarded through this single grant award 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 §42302, but
is required to submit a Certification (https://oip.gov/about/ocr/eeop.htm).
x CERTIFICATION "B" (Applicable to all entities that do not qualify for Certification "A" above)
This funded entity, m a for-profit entity or a state or local government having 50 or more employees (counting both full -
and part-time employees but excluding political appointees) and is receiving, through this single grant award from the
Colorado Division of Criminal Justice, more than $25,000, in federal U.S. Department of Justice funds.
Therefore, I hereby certify that the funded entity will prepare and submit an EEOP and Certification at
https://ojp.gov/about/ocr/eeop.htm, within 60 days of the award. The EEOP shall be submitted in accordance with 28
CFR §42, subpart E, to Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice that will include a
section specifically analyzing the grantee (implementing) agency. (If you have already submitted an EEOP applicable to
this time period, send a copy of the letter received from the Office for Civil Rights showing that your EEOP is
acceptable.)
As the Signature Authority for the above grantee, 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, has not been altered.
[Signed NV
mow gbSS
E04467O642AE4A7
SIGNATURE AUTHORITY SIGNATURE DATE
11/18/2024 12:30:15 PM MST
Kevin Ross
chair
TYPED NAME TITLE
* * * * * * * * * *
This signed form must be returned to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO 80215,
within 45 days of the grant award beginning date. You must also forward a signed copy to the person identified in the box
above.
Page 2 of 2
DCJ30_v12 (Rev. 02/20)
COLORADO
Division of Criminal Justice
Department of Public Safety
DATE: August 27, 2024
TO: Matt Lunn, Division of Criminal Justice Director
Kelly Kissell, Office for Victims Programs Manager
FROM: Kate Horn -Murphy, State CVC and Local VALE Administrator
SUBJECT: 19th Judicial District CVC Program
New Federal Fiscal Year (FFY)22 VOCA Victim Compensation Grant Funds Request
19th Judicial District (JD) New FFY22 VOCA VC Grant Fund Request $420,000
The method used to calculate the VOCA VC grant funds award amount is based upon five FFY
average CVC program activity for each judicial district. Data used for the calculation comes
from the State Court Administrator's Office (SCAO) as well as from the required quarterly Office
of Crime Victims (OVC) Performance Measurement Tool (PMT) reports submitted to OVP by
each local CVC program.
Five FFY Average Time Frame Period: 10/01/19 through 09/30/23
19th JD Five FFY Average Collections = $270,350
3% of State Total Five FFY Average Collections
19th JD Five FFY Average Number CVC Claims Received = 260
4% of State Total Five FFY Average CVC Claims Received
19th JD Five FFY Average Paid for CVC Claims = $635,909
5% of State Total Five FFY Average Paid for CVC Claims
Total FFY22 VOCA VC Grant Award for local CVC Programs = $6,770,000
19th JD FFY22 VOCA Grant Award (including this request) = $420,000
The dollar amount requested for new 19th Judicial District (JD) FFY22VC grant fund request also
considers what the CVC program can reasonably expend for the FFY22 grant period ending
09/30/25 based upon their FFY23 average month collections and expenditures.
19th JD CVC PROGRAM FFY 2023 FUND ACTIVITY
(10/01/22 thru 09/30/2023)
19th JD FFY 2023 Average Month CVC Collections $47,169
19th JD FFY 2023 Average Month CVC Expenditures $52,924
19th JD FFY 2023 CVC 09/30/23 Fund Balance $775,193
19th JD FFY 2023 Average Month CVC Expenditures x 6.5 months $344,006
700 Kipling Street, Suite 1000, Lakewood, CO 80215 P 303.239.4442 F 303.239.4491 www.colorado.gov/dcj
Jared S. Polis, Governor I Stan Hilkey, Executive Director
ao
COLORADO
Division of Criminal Justice
Department of Public Safety
19th Judicial District CVC Program — New FFY22 VOCA VC Grant Funds Request
SIGNATURE PAGE
Kate Horn -Murphy Digitally signed by Kate Horn -Murphy
Date: 2024.08.26 10:48:20 -06'00'
Kate Horn -Murphy, State CVC & Local VALE Administrator
Office for Victims Programs
Kelly Kissell, Manager
Office for Victim Programs
n Approved
❑ Not Approved
See Me
Matthew M. Lunn, Director
Division of Criminal Justice
El Approved
❑ Not Approved
▪ See Me
700 Kipling Street, Suite 1000, Lakewood, CO 80215 P 303.239.4442 F 303.239.4491 www.colorado.gov/dcj
Jared S. Polls, Governor I Stan Hilkey, Executive Director
INTERGOVERNMENTAL GRANT AGREEMENT AWARD LETTER, CERTIFICATION OF
COMPLIANCE, AND LOBBYING AGREEMENT FOR VICTIMS OF CRIME ACT (VOCA)
PROGRAM CRIME VICTIM COMPENSATION FUND
APPROVED AS TO SUBSTANCE:
Elected Official
APPROVED AS TO FUNDING:
AO*,
Chief Financial fficer
APPROVED AS TO FORM:
County Attorney
Hello