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HomeMy WebLinkAbout20223515.tiffRESOLUTION RE: APPROVE CONTRACT FOR 2023 VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT FOR VICTIM WITNESS ASSISTANCE UNIT, AND AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS, AND AUTHORIZE CHAIR TO SIGN ELECTRONICALLY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract for the 2023 Victim Assistance and Law Enforcement (VALE) Grant for the Victim Witness Assistance Unit 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 Victim Assistance and Law Enforcement (VALE) Board, commencing January 1, 2023, and ending December 31, 2023, with further terms and conditions being as stated in said contract and agreement, and WHEREAS, due to Federal American Rescue Plan Act (ARPA) funding recently being made available to local VALE programs to account for decreased VALE funding due to the COVID-19 Pandemic Health Emergency, the Board has also been presented with an Agreement with Subrecipient of Federal Recovery Funds, 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 Victim Assistance and Law Enforcement (VALE) Board, commencing January 1, 2023, and ending December 31, 2023, with further terms and conditions being as stated in said contract and agreement, and WHEREAS, after review, the Board deems it advisable to approve said contract and agreement, 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 2023 Victim Assistance and Law Enforcement (VALE) Grant Contract for the Victim Witness Assistance Unit, and the Agreement with Subrecipient of Federal Recovery Funds, 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 Victim Assistance and Law Enforcement (VALE) Board, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract and agreement electronically. cc: DA(EA/KP), ACT(cP/co) 01/31/23 2022-3515 DA0027 CONTRACT FOR 2023 VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT FOR VICTIM WITNESS ASSISTANCE UNIT AND AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of December, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELq,COUNTY, COLORADO ATTEST: dadfoo ;,,e, Scdtt K. James, Chair Weld County Clerk to the Board ounty ttorney Date of signature: O1/03/23 2022-3515 DA0027 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: DA Victim Services Unit 2023 -VALE Contract for Victim Services DA's Office DEPARTMENT: Victim Witness Assistance Unit District Attorney's Office DATE: 12-2-22 PERSON REQUESTING: JoAnn Holden, Director of Victim Services Brief description of the problem/issue: The County Commissioners approved submission of the 2023 VALE Grant Victim Services Application for funding of positions in the Victim Witness Assistance Unit. Resolution 2022-1858 was approved by the County Commissioners on July 12, 2022, the amount of $142,000.00. Funding in the amount of 142,000.00 was approved by the VALE Board. No match is required. We are asking for the authorization for the grant contract be placed on the agenda for acceptance without a Work Session. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve or not approve grant to be placed on the agenda without a Work Session. Request to be placed on the agenda. Recommendation: Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine 2022-3515 IZ/I � DYE OOZE Karla Ford From: Sent: To: Subject: Approve Mike Freeman Tuesday, December 6, 2022 3:36 PM Karla Ford Re: Please Reply - Pass Around Request DA Victim Services 2023 VALE Grant Sent from my iPhone On Dec 6, 2022, at 9:43 AM, Karla Ford <kford@weldgov.com>wrote: Please advise if you approve the recommendation. Thanks! Karla Ford X Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford(a_weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <image001. jpg> 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: JoAnn Holden <jholden@weldgov.com> Sent: Friday, December 2, 2022 5:02 PM To: Karla Ford <kford@weldgov.com> Cc: JoAnn Holden <jholden@weldgov.com> Subject: Karla - Pass Around Request DA Victim Services 2023 VALE Grant Dear Karla, Requesting to put this on the County Commissioners Agenda without a Work Session. Thanks. JoAnn Holden Director of Victim Services Weld County DA's Office ihoIdenweIdgov. corn 970 400-4747 <pass -around -form for 2023 VALE Contract .doc> <District Attorneys Office Contract 2023.pdf> VICTIM'S ASSISTANCE & LAW ENFORCEMENT BOARD Nineteenth Judicial District 19TH JUDICIAL DISTRICT VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) BOARD CONTRACT Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act, Article 4.2, Title 24, C.R.S., the Victim Assistance and Law Enforcement Board of the 19th Judicial District has made the following award: Grantee Agency: District Attorney's Office, 19th Judicial District Grant Number: 2023-6 Project Title: Victim Assistance through the Criminal Justice Process Grant Period: January 1, 2023 through December 31, 2023 Amount of Grant Award: $142,000.00 IT IS HEREBY AGREED: 1. All award disbursements are contingent upon the availability of local VALE funds. 2. The contents of the grant application will become contractual obligations of the grantee agency and are incorporated into this contract as if fully set forth herein. 3. The grantee agency is required to submit four quarterly Financial Reports by April 28, 2023, July 31, 2023, October 31, 2023, and January 31, 2024. Each quarterly report is cumulative, and the final report must reflect the financial activities of the entire contract period. Financial Reporting Forms will be provided by the local VALE Board. Grant recipients are required to use these forms. 4. The grantee agency is required to submit four quarterly Narrative Program Reports by April 28, 2023, July 31, 2023, October 31, 2023, and January 31, 2024. Reports shall only reflect services provided to victims in the 19th Judicial District. These reports must address any special conditions that are listed in this contract. The final report must be cumulative and reflect the activity of the entire contract period. Narrative Program Report forms will be provided by the local VALE Board. Grant recipients are required to use these forms. 5. The grantee agency agrees to submit the Financial Monthly Tracking sheet and accounting records if requested. 6. Grantee agency will be paid in 4 quarterly installments of $35,500.00. The 1st payment will be sent in January 2023 after the signed contract and final 2022 reports are received along with any reimbursement owed. The 2nd , 3rd and 4th quarter payments will be sent after receipt and acceptance of the required quarterly Financial Report and Narrative Program Report listed above. 7. Failure to comply with the reporting requirements may result in the Board's termination of this Post Office Box 1167 - 915 Tenth Street - Greeley, CO 80632 - (970) 356 -4010 -FAX (970) 352-8023 grant, return of awarded funds, and/or suspension of the grant. Failure to comply with reporting requirements may also jeopardize future funding to this grantee agency. 8. SPECIAL CONDITIONS for the award that have been stipulated between the local VALE Board and the grantee agency are as follows: a. Grantee agency must notify the 19th JD VALE Board if the agency has obtained funding for a specific 19th JD VALE grant funded position which totals more than 100% of the total cost for that position. The grantee agency must resolve the allocation of funds to the satisfaction of the 19th JD VALE Board. b. Grantee agency must notify the 19th JD VALE Board in writing within 7 days, via e-mail or regular mail, of any 19th JD VALE grant funded personnel position that is vacant for 45 days or more. Changes in grant funded personnel must be listed on the quarterly financial report under "Employee Name." c. Grantee agency must notify the VALE Board in writing within 30 days, with notification on agency letterhead, of any change of an official and/or employee who is listed as a responsible signatory on this 19th JD VALE grant funded project. 9. Any proposed change in the use of grant funds must be submitted in writing and approved by the local VALE Board or VALE Administrator prior to any such change. Funding may only be used for 19th JD VALE services. 10. In the event all of the monies paid to the grantee agency are not expended within the contractual period, the local VALE Board, in its discretion, may enlarge the time period of the contract or request that monies not used be repaid to the Board. The grantee agency shall submit written notification to the VALE Board by November 1, 2023 if the grantee agency will have any remaining funds at the end of the grant period and wishes to extend the current grant cycle. Such requests shall include the following information: • The amount of remaining funds; • How the funds will be used; • When the funds will be expended; and • Why the funds were not expended during the grant period. The local VALE Board will make a decision as allowing use of the funds by December 31, 2023 and will advise the grantee agency in writing as to their decision. 11. The grantee agency agrees that all funds received under this contract shall be expended solely for the purpose stated in the grant and approved by the local VALE Board. Any funds not so expended including funds lost or diverted to other purposes, shall be repaid to the local VALE fund no later than 30 days after the end of the contract. 12. The grantee agency agrees to comply with all applicable non-discrimination legal mandates. 13. Non-compliance with any portion of the contract may result in termination of the grant, withholding of funds, returning money to the local VALE fund, and/or other action as deemed necessary by the members of the local VALE Board. 14. All grantee agencies shall make available to the Board or its authorized designee, upon request, all current records and other information, including audit/financial statements, relative to the implementation of the grant. 15. Amendments of any terms of this contract shall have prior approval of the local VALE Board. Requests to amend this contract shall be in writing. 16. The Grantee Agency certifies by signing this contract that it shall comply with the RESTRICTIONS ON PUBLIC BENEFITS, set forth in CRS 24-76.5-103 et seq. g e I 3 The grantee agency, through the following electronic or original signatories, understands and agrees that any VALE monies received in 2021 as a result of the awarding of the grant application shall be subject to the terms of this contract. Project Director: JoAnn /\ n n Holden Digitally signed by J5 cry Holden signature: /"� Date: 2022.12.12 11:24:23 -07'00 Date: Printed Name and Title: JoAnn Holden, Director of Victim Services, Weld CA Office Financial Officer: Cheryl Pattelli Digitally signed by Cheryl Pattelli 12/12/22 Signature: Date: 2022.12.1212:28:36-07'00' Date: Printed Name and Title: Cheryl Pattelli, CFO Authorized Official: Signature: Ja mes ames Dateal/a2.12tl1gy15C17:oo 07'00' Date: 12/15/2022 Printed Name and Title: Scott James, Chairman, Weld BOCC VALE Board Signature: Mary E. Martin Date:ll ogzizzeyio n: 507'00 Date: 12/28/2022 Printed Name and Title: Mary Martin, Chair of VALE Board • The Project Director: The person who has direct responsibility for the implementation of the project. This person should combine knowledge and experience in the project area with ability to administer the project and supervise personnel. He/She shares responsibility with the Financial Officer for seeing that all expenditures are within the approved budget. This person will normally devote a major portion of his/her time to the project and is responsible for meeting all reporting requirements. The Project Director must be a person other than the Authorized Official or the Financial Officer. • Financial Officer: The person who is responsible for all financial matters related to the program and who has responsibility for the accounting, management of funds, verification of expenditures, audit information and financial reports. The person who actually prepares the financial reports may be under the supervision of the Financial Officer. The Financial Officer must be a person other than the Authorized Official or Project Director. • Authorized Official: The authorized official is the person who is, by virtue of their position, authorized to enter into legal contracts for the funded agency; for example, if the funded agency is one of the following, then the corresponding authorized official is as follows: state agency - department or division director; city - mayor or city manager; county - chairperson of the county commissioners; sheriffs department - chairperson of the county commissioners; police department - mayor or city manager; courts - chief judge; district attorney's office - district attorney; institution of higher education - president of the institution or chair/dean of the appropriate department; private non-profit agency - president or chairperson of the board of directors; school district - superintendent/assistant superintendent. The authorized official must be a person other than the project director or the financial officer. NOTE: If someone other than the AUTHORIZED OFFICIAL as described above has been delegated the authority to enter into contractual agreements such as this grant, you must provide official documentation of delegation (such as bylaws or resolutions) immediately following the signature page. Page I 4 VALE PROJECT BUDGET SUMMARY INFORMATION Complete chart under Continuation Applicants ONLY, if applicable. Remaining columns will auto -populate from other tabs. PROJECT FUNDS REQUESTED BUDGET: Columns 2 and 3 will auto populate from other tabs Continuation Applicants ONLY 2022 Current Grant Award PERSONNEL Job Position Amount VW Assist CTY Ahumdad F $22,395 VW Clerical Rodriguez L $27,111 CVC Assistant Gallegos R $25,000 VW Assist DISTRICT Hernandez A $30,000 VW Assist DISTRICT DeMint A $30,176 VW Assist CTY - Rodriguez D $1,500 Subtotal $136,182 EQUIPMENT i Subtotal SUPPLIES AND OPERATING EXPENSES $0 Subtotal IN -STATE TRAVEL $0 Subtotal PROFESSIONAL SERVICES $0 Subtotal $0 TOTAL FUNDS: $136,182 ROUND TO THE NEAREST DOLLAR ALL APPLICANTS (Will populate from other tabs) 2023 Requested Budget PERSONNEL Job Position/NAME Amount VW Assistant J. $24,000 CTY Lewis, VW Clerical Montes, M. $26,500 CVC Assistant Hernandez -Llamas, $28,500 VW Assistant Ahumada, F. $30,000 VW Assistant DeMint, A $30,000 VW Assistant A. $3,000 CTY Sparks, Position #7 Title $0 Position #8 Title $0 Position #9 Title $0 Position #10 Title $0 Subtotal $142,000 EQUIPMENT Item #1 $0 Item #2 $0 Item #3 $0 Item #4 $0 Subtotal SUPPLIES & OPERATING EXPENSES $0 Item #1 $0 Item #2 $0 Item #3 $0 Item #4 $0 Item #5 $0 Item #6 $0 Subtotal $0 IN -STATE TRAVEL Item #1 $0 Item #2 $0 Item #3 $0 Subtotal PROFESSIONAL SERVICES Professional #1 $0 $0 Professional #2 $0 Subtotal $0 TOTAL FUNDS REQUESTED: $142,000 Continuation Applicants Increase or Decrease (+/-) 7.17% -2.25% 14.00% 0.00% -0.58% 100.00% 4.27% i 4.27% 5 VALE PROJECT MANDATED GOALS GOALS AND OBJECTIVES: Goal 1, objectives 1 and 2, are mandatory for all applicants. Fill in # of victims and any "other" categories you will report (under crimes). **This number should match question 13 on the Part I Application.** GOAL 1 (standard): This project will provide direct services that assist crime victims with emotional and physical needs to stabilize their lives, provide a measure of safety and security, and/or enhance victims' experience with the criminal justice system. OBJECTIVE 1 (standard): To provide services to the following estimated unduplicated number of Weld County crime victims during the 12 -month grant period. Although a person may be a victim of multiple crimes in one criminal episode, they can be counted only once using the predominant crime. Definitions: Victims: primary and secondary victims Primary victim: The person against whom the crime was committed, except in the case of homicide, and DUI/DWI deaths where the primary victims are the survivors of the victim. In domestic violence crimes, children of the primary victims (who are receiving services) are also considered to be primary victims. Secondary Victims: Persons other than primary victims receiving services because of their own reaction or needs resulting from a crime. Unduplicated Count: New and continuing victims served by the project . Continuing victim is a person served in the prior grant year who is continuing to receive services in the new grant year. Estimated # of Victims Type of Crime Estimated # of Victims Type of Crime 636 Child Physical Abuse 0 Human Trafficking 131 Child Sexual Abuse 30 Survivors of Homicide or Attempted Homicide 0 DUI/DWAI 43 Robbery 1190 Domestic Violence 576 Assault 94 Adult Sexual Assault 305 Other violent: menancing hate, kidnapping, intimidation, stalking 0 Adults Molested As Children 48 Careless causing Death or SBI , Vehicular Assault or Homicide 105 Elder Abuse (including economic exploitation and fraud crimes) 104 Burglary of a dwelling„ Theft $20,000 or more, Arson TOTAL UNDUPLICATED VICTIM ESTIMATED TO BE SERVED DURING THE 12 MONTH PERIOD: I 3262 Mandated Goals 6 VALE PROJECT MANDATED GOALS OBJECTIVE 2 (standard): To provide the following types of services to the following estimated number of unduplicated victims during the 12 -month grant period. Number of Victims Receiving Each Type of Service: Estimate the number of victims who will receive each type of service provided by your agency during the grant period. A victim may receive the same type of service more than once (i.e. information) but the type of service can be counted only once during the grant period. An individual service category cannot exceed the total number of victims listed in table A. a A victim may receive the same type of service more than once (i.e. information) and the service is counted every time during the grant period. An individual service category can exceed the total number of victims listed in table A. Estimated # of Victims Services Estimated # of Victims Services 375 Crisis Counseling/Intervention (in person) 5,200 Victim Compensation Assistance (required) 0 Hotline/Crisis line Intervention 0 Intervention with employer, creditor, landlord, or other 18,600 Follow-up (in -person or by phone) 5,100 Individual Advocacy 0 Therapy 0 Civil Legal Advocacy / Court Accompaniment 0 Group Treatment/Support 0 Forensic Exam 0 Shelter / Safehouse (housed by agency 0 Hospital/Clinic Response 1,400 Information / Referral 725 Language Services (interpretation) 1,300 Criminal Justice Support / Advocacy / Court Accompaniment 20 Transportation 30 Emergency Financial Assistance 0 CASA or Youth Prevention Service Civil Legal Attorney Assistance 11,900 Victim Rights Act Services Mandated Goals Page I 7 VALE PROJECT SPECIFIC GOALS AND OBJECTIVES Add at least one more goal with objectives but no more than three additional goals with no more than three objectives per goal. Objectives must be measurable and specific. While an objective may relate to more than one statute, pick the most relevant statute from the drop -down list below the objective. Refer to Notes and Instructions on next page, use format provided below. NOTE: All cells except Goal rows will expand with typing. DA VW Assistants will provide direct assistance to victims of crime throughout the criminal justice process including: Victims' Rights information and education, referral to community resources and Crime Victim Goal 2: Compenation; and updates and support on the status of the prosecution of the case. Objective (include title of person responsible) Intended Impact Data Collection Time Frame 1 VALE funded VW Assistants (Ahumada, Rodriguez, Hernandez, DeMint) will provide services to primary victims of domestic violence. Goal is to have 70% victim contact (prior to the first hearing in which a plea could be offered and accepted by the defendant) to relay court information and ask for input from the victim. providing victims with criminal justice information, support, referrals and asking for input on resolution of the case assists and empowers victims in domestic relationships. DV stats are tracked by running an ACTION data base report which compiles the data VW Assistants input with every victim contact. 01/01/2023 - 12/31/2023 Pick related VALE Statute from drop down list: 24-4.2-105 (4) (d) ;a 2 VALE funded VW Assistants (Ahumada, Rodriguez, Hernandez, DeMint will make contact with deceased victim family representative(s) in criminal cases involving the death (murder, vehicular) of the victim. Goal to have 100% victim representative contact prior to the first court hearing to provide criminal justice information, referrals, and resources. Providing victim representatives criminal justice information regarding the possible pentalites of the crime, how long to expect a case to be pending, and receiving input for the first time from the victim representatives establishes rapport and hopefully trust in what will be a lengthy process. DV victim contact stats are compiled by the Project Director for quarterly reports. 01/01/2023 - 12/31/2023 Pick related VALE Statute from drop down list: 24-4.2-105 (4) (d) 3� Pick related VALE Statute from drop down list: Project Specific Goals 18 VALE PROJECT SPECIFIC GOALS AND OBJECTIVES Assure that crime victims have knowledge and are afforrded their rights in the criminal justice system as Goal 3: manadated in the Colorado Victims' Rights Amendment. Objective (include title of person responsible) Intended Impact Data Collection Time Frame 1 VALE funded VW Assistants (Ahumada, Rodriguez, Hernandez, DeMint) and the VRA Notification letters keep victims apprised of the date, time, and location of the court hearings and explanation of the court hearings. VW Assistants to provide services to 1285 new victims. Yearly total of VRA letters goal = 28,500. Victims are kept fully apprised of the status of the court case and informed of their rights at each court hearing which hopefully empowers and gives back control to the victim. VW Assistants log victim contacts in ACTION Notes. VW Staff document VRA letters sent to victims. 01/01/2023 - 12/31/2023 Pick related VALE Statute from drop down list: 24-4.2-105 (4) (f) 2 VALE tunded Clerical VW Hernandez -Llamas will create and send 3650 Sentence Outcome letters to crime victims via mail or email and provide 465 victim contact information to to the Post Sentencing Notification Agencies (DOC, Probation, Community Corrections, Work Release, Attorney General, and State Hospital. Victims will be notified of the defendant's sentence and their Victims' rights from Post Sentencing Agencies which gives them information and control over steps they may want to take when a defendats has completed their sentences. W Assistants log victim contacts in ACTION Notes. VW Staff document VRA letters sent to victims. 01/01/2023 - 12/31/2023 Pick related VALE Statute from drop down list: 24-4.2-105 (4) (f)' 3 VALE funded VW Assistants (Ahumada, Rodriguez, Hernandez, DeMint) will provide trial support to crime victims in 50 cases. Victims are provided with guidance, education, and support throughout the trial resulting in efficiency and flow of trial proceedings. VW Staff record information from trial sheets and compile for quarterly reports. 01/01/2023 - 12/31/2023 Pick related VALE Statute from drop down list: 24-4.2-105 (4) (j) Project Specific Goals 1 9 VALE PROJECT SPECIFIC GOALS AND OBJECTIVES Goal 4: Provide Crime Victim Compensation (O/C) Assistance to eligible crime victims. Objective (include title of person responsible) Intended Impact Data Collection Time Frame 1 CVC Program Assistant Gallegos will provide assistance to 700 crime victims Victim will have access to funding and agency referrals to help them in becoming "whole" again after the crime CVC Staff enter new applications into CVC database and compile for quarterly reports 01/01/2023 - 12/31/2023 Pick related VALE Statute from drop down list: 24-4.2-105 (4) (c)� 2 CVC Program Assistant Gallegos will contact 95% of applicants in which a crminal case has not been filed. Victim's whose perpetrator's case is not filed in the criminal justice system are still able to seek funding to help them in become "whole" again after crime. CVC Staff enter new applications into CVC database and compile for quarterly reports 01/01/2023 - 12/31/2023 Pick related VALE Statute from drop down list: 24-4.2-105 (4) (c)� xx 3 CVC Program Assistant Gallegos will provide emergency assistance to 97% of eligible requests within 72 hours. Crime victims who need assistantance paying for emergency needs can access services to east the finanancial burder of the criminal incident. CVC Staff enter approvede emergency request into CVC database and compile for quarterly reports. 01/01/2023 - 12/31/2023 Pick related VALE Statute from drop down list: 24-4.2-105 (4) (a),r4__u r_x Project Specific Goals c G I 10 Exhibit E, AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of the Treasury (Treasury) to make payments to certain Subrecipients from the Coronavirus State Fiscal Recovery Fund. The State of Colorado has signed and certified a separate agreement with Treasury as a condition of receiving such payments from the Treasury. This agreement is between your organization and the State and your organization is signing and certifying the same terms and conditions included in the State's separate agreement with Treasury. Your organization is referred to as a Subrecipient. As a condition of your organization receiving federal recovery funds from the State, the authorized representative below hereby (i) certifies that your organization will carry out the activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto. Your organization also agrees to use the federal recovery funds as specified in bills passed by the General Assembly and signed by the Governor. Under penalty of perjury, the undersigned official certifies that the authorized representative has read and understood the organization's obligations in the Assurances of Compliance and Civil Rights Requirements, that any information submitted in conjunction with this assurances document is accurate and complete, and that the organization is in compliance with the nondiscrimination requirements. Subrecipient Name County of Weld, Co Authorized Representative: Scott James Title: Chairman, Weld BOCC Digitally signed by Scott James Scott James pat2o22.12.19151824 Signature: °'°° o?2a-35 (5 (2) AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS TERMS AND CONDITIONS 1. Use of Funds. a. Subrecipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 602(c) of the Social Security Act (the Act) and Treasury's regulations implementing that section and guidance. b. Subrecipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project. 2. Period of Performance. The period of performance for this subaward is shown on page one of this agreement. Subrecipient may use funds to cover eligible costs incurred, as set forth in Treasury's implementing regulations, during this period of performance. 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. Subrecipient also agrees to comply with any reporting requirements established by the Governor's Office and Office of the State Controller. The State will provide notice of such additional reporting requirements via Exhibit G — Reporting Modification Form. 4. Maintenance of and Access to Records a. Subrecipient shall maintain records and financial documents sufficient to evidence compliance with section 602(c), Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Subrecipient in order to conduct audits or other investigations. c. Records shall be maintained by Subrecipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later. 5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct and indirect costs. Subrecipient shall follow guidance on administrative costs issued by the Governor's Office and Office of the State Controller. Cost Sharing. Cost sharing or matching funds are not required to be provided by 7. Subrecipient. 8. Conflicts of Interest. The State of Colorado understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Subrecipient and Contractors must disclose in writing to the Office of the State Controller or the pass - through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. The Office of the State Controller shall disclose such conflict to Treasury. 9. Compliance with Applicable Law and Regulations. a. Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (Agreements and Subcontractors described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. v. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Government wide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 10. 602(b)(6)(A)(ii)(III) of the Act, as applicable. 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12. False Statements. Subrecipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or Agreements, and/or any other remedy available by law. 13. Publications. Any publications produced with funds from this award must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number SLFRF0126 awarded to the State of Colorado by the U.S. Department of the Treasury." 14. Debts Owed the Federal Government. a. Any funds paid to the Subrecipient (1) in excess of the amount to which the Subrecipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by the Subrecipient shall constitute a debt to the federal government. b. Any debts determined to be owed to the federal government must be paid promptly by Subrecipient. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. 15. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Subrecipient or third persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any Agreement, or Subcontractor under this award. b. The acceptance of this award by Subrecipient does not in any way establish an agency relationship between the United States and Subrecipient. 16. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal Agreement or grant, a gross waste of federal funds, an abuse of authority relating to a federal Agreement or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal Agreement (including the competition for or negotiation of an Agreement) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for Agreement or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Subrecipient, Contractor, or Subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Subrecipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Subrecipient should encourage its Contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles. 1. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Subrecipient should encourage its employees, Subrecipients, and Contractors to adopt and enforce policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies to decrease accidents caused by distracted drivers. ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the Subrecipient provides the assurances stated herein. The federal financial assistance may include federal grants, loans and Agreements to provide assistance to the Subrecipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass Agreements of guarantee or insurance, regulated programs, licenses, procurement Agreements by the Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Subrecipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above. 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Subrecipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Subrecipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Subrecipient's programs, services, and activities. 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov. 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Subrecipient and Subrecipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Subrecipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every Agreement or agreement subject to Title VI and its regulations between the Subrecipient and the Subrecipient's sub -grantees, Contractors, Subcontractors, successors, transferees, and assignees: The sub -grantee, Contractor, Subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients of federal financial assistance from excluding from a program or activity, denying benefits of or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement or agreement. 6. Subrecipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Subrecipient for the period during which it retains ownership or possession of the property. 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Subrecipient shall comply with information requests, on -site compliance reviews and reporting requirements. 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Subrecipient also must inform the Department of the Treasury if Subrecipient has received no complaints under Title VI. 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Subrecipient and the administrative agency that made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. If the Subrecipient makes sub -awards to other agencies or other entities, the Subrecipient is responsible for ensuring that sub-Subrecipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub- Subrecipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Exhibit E, AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of the Treasury (Treasury) to make payments to certain Subrecipients from the Coronavirus State Fiscal Recovery Fund. The State of Colorado has signed and certified a separate agreement with Treasury as a condition of receiving such payments from the Treasury. This agreement is between your organization and the State and your organization is signing and certifying the same terms and conditions included in the State's separate agreement with Treasury. Your organization is referred to as a Subrecipient. As a condition of your organization receiving federal recovery funds from the State, the authorized representative below hereby (i) certifies that your organization will carry out the activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto. Your organization also agrees to use the federal recovery funds as specified in bills passed by the General Assembly and signed by the Governor. Under penalty of perjury, the undersigned official certifies that the authorized representative has read and understood the organization's obligations in the Assurances of Compliance and Civil Rights Requirements, that any information submitted in conjunction with this assurances document is accurate and complete, and that the organization is in compliance with the nondiscrimination requirements. Subrecipient Name Authorized Representative: Title: Signature: AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS TERMS AND CONDITIONS 1. Use of Funds. a. Subrecipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 602(c) of the Social Security Act (the Act) and Treasury's regulations implementing that section and guidance. b. Subrecipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project. 2. Period of Performance. The period of performance for this subaward is shown on page one of this agreement. Subrecipient may use funds to cover eligible costs incurred, as set forth in Treasury's implementing regulations, during this period of performance. 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. Subrecipient also agrees to comply with any reporting requirements established by the Governor's Office and Office of the State Controller. The State will provide notice of such additional reporting requirements via Exhibit G — Reporting Modification Form. 4. Maintenance of and Access to Records a. Subrecipient shall maintain records and financial documents sufficient to evidence compliance with section 602(c), Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Subrecipient in order to conduct audits or other investigations. c. Records shall be maintained by Subrecipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later. 5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct and indirect costs. Subrecipient shall follow guidance on administrative costs issued by the Governor's Office and Office of the State Controller. Cost Sharing. Cost sharing or matching funds are not required to be provided by 7. Subrecipient. 8. Conflicts of Interest. The State of Colorado understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Subrecipient and Contractors must disclose in writing to the Office of the State Controller or the pass - through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. The Office of the State Controller shall disclose such conflict to Treasury. 9. Compliance with Applicable Law and Regulations. a. Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (Agreements and Subcontractors described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. v. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Government wide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 10. 602(b)(6)(A)(ii)(III) of the Act, as applicable. 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C.(§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12. False Statements. Subrecipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or Agreements, and/or any other remedy available by law. 13. Publications. Any publications produced with funds from this award must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number SLFRF0126 awarded to the State of Colorado by the U.S. Department of the Treasury." 14. Debts Owed the Federal Government. a. Any funds paid to the Subrecipient (1) in excess of the amount to which the Subrecipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by the Subrecipient shall constitute a debt to the federal government. b. Any debts determined to be owed to the federal government must be paid promptly by Subrecipient. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. 15. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Subrecipient or third persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any Agreement, or Subcontractor under this award. b. The acceptance of this award by Subrecipient does not in any way establish an agency relationship between the United States and Subrecipient. 16. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal Agreement or grant, a gross waste of federal funds, an abuse of authority relating to a federal Agreement or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal Agreement (including the competition for or negotiation of an Agreement) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for Agreement or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Subrecipient, Contractor, or Subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Subrecipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Subrecipient should encourage its Contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles. 1. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Subrecipient should encourage its employees, Subrecipients, and Contractors to adopt and enforce policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies to decrease accidents caused by distracted drivers. ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the Subrecipient provides the assurances stated herein. The federal financial assistance may include federal grants, loans and Agreements to provide assistance to the Subrecipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass Agreements of guarantee or insurance, regulated programs, licenses, procurement Agreements by the Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Subrecipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above. 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Subrecipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Subrecipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Subrecipient's programs, services, and activities. 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov. 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Subrecipient and Subrecipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Subrecipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every Agreement or agreement subject to Title VI and its regulations between the Subrecipient and the Subrecipient's sub -grantees, Contractors, Subcontractors, successors, transferees, and assignees: The sub -grantee, Contractor, Subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients of federal financial assistance from excluding from a program or activity, denying benefits of or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement or agreement. 6. Subrecipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Subrecipient for the period during which it retains ownership or possession of the property. 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Subrecipient shall comply with information requests, on -site compliance reviews and reporting requirements. 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Subrecipient also must inform the Department of the Treasury if Subrecipient has received no complaints under Title VI. 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Subrecipient and the administrative agency that made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. If the Subrecipient makes sub -awards to other agencies or other entities, the Subrecipient is responsible for ensuring that sub-Subrecipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub- Subrecipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. CONTRACT FOR 2023 VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT FOR VICTIM WITNESS ASSISTANCE UNIT APPROVED AS TO SUBSTANCE: Elected Official, De,(6artment Head, or Deputy Department Head APPROVED AS TO FUNDING: 004 Chief Financial Officer APPROVED AS TO FORM: County Attorney 02oe)2.91-3575— Hello