HomeMy WebLinkAbout20211558.tiffRESOLUTION
RE: APPROVE GRANT AWARD LETTER FOR JUVENILE DIVERSION AND MARIJUANA
TAX CASH FUND PROGRAM FOR RESTORATIVE JUSTICE SERVICES AND
AUTHORIZE CHAIR TO SIGN AND SUBMIT 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 Grant Award Letter for the Juvenile
Diversion and Marijuana Tax Cash Fund Program for Restorative Justice Services 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 June 30, 2022, with further terms and conditions being as stated in said grant award letter,
and
WHEREAS, after review, the Board deems it advisable to approve said grant award letter,
a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Grant Award Letter for the Juvenile Diversion and Marijuana Tax
Cash Fund Program for Restorative Justice Services 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 is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to electronically sign and submit said grant award letter.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of June, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
'/ 4''''''¢ Steve M eno, Chair
Weld County Clerk to the Board
BY:
r
Deputy Clerk to the Board
APPRQ>/ED A
County t orney
Date of signature: �I23�ZI
Lori Saine
cc:moo, AcT(6ckfl)
07/07 /2
2021-1558
DA0027
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE:
Diversion funding allocation acceptance and agreement
DEPARTMENT: District Attorney DATE: June 7, 2021
PERSON REQUESTING: Kirsta Britton
Brief description of the problem/issue:
The Division of Criminal Justice allocates funds to Judicial Districts for Juvenile Diversion. The
attached document is a Summary of Grant Award Terms and Conditions. It requires a signature from
the Chair to the Board in order to accept the terms and the funds. The document needs to be
returned to the state by June 25, 2021 with a signature from the Chair.
What options exist for the Board? (include consequences, Impacts, costs, etc. of options):
Approve this item to go on a full agenda to authorize the Chair to sign. Not signing this document is a
loss of state diversion funding which is $153,000 for fiscal year 2021-2022.
Recommendation:
Approve to allow this item to go on a full agenda to authorize the Chair to sign.
Perry L. Buck
Mike Freeman
Scott K. James, Pro -tern
Steve Moreno, Chair
Lori Saine
Approve
Schedule
Recort mendati rn Work Session
Other/Comments:
2021-1558
°CO/ I co
DA 00 o)-7
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program DCJ Grant #: 2022 -DV -22-30016-19
GRANT AWARD LETTER
(Intergovernmental Grant Agreement)
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency
Department of Public Safety, Division of Criminal Justice
DCJ Grant Number
2022 -DV -22-30016-19
Grantee
Weld County
Grantee DUNS
075757955
Grant Issuance Date (Start Date)
The later of July 1, 2021 or the date the State Controller or an
authorized delegate signs this Grant Letter
Grant Amount
State Fiscal Year 2021-22: $153,000.00
Total for all State Fiscal Years: $153,000.00
Grant Expiration Date (End Date)
June 30, 2022
Grant Authority
The Division of Criminal Justice is authorized to disburse these
funds by Colorado Revised Statute 24-33.503 and 507.
Authority to enter into this Grant exists in the Juvenile
Diversion Program, as defined in the Colorado Revised Statute
19-2.5-402 (formerly 19-2-303).
Local Match Amount
State Fiscal Year 2021-22: $0.00
Total for all State Fiscal Years: $0.00
Grant Description
Juvenile diversion funding for the 19th Judicial District / Weld County.
Grant Purpose
Per Colorado Statute, the goal of diversion is to prevent further involvement of juveniles in the formal justice system (19-2.5-
102 (17) C.R.S.). Juvenile diversion programs should be individually designed alternatives to the formal court system for youth
between the ages of 10-17 who have been taken into custody for misdemeanor or felony offenses. Diversion programs should
concentrate on holding the youth accountable for their behavior while involving them in programs and activities to prevent
future criminal and delinquent behavior. This award is a formula grant, and is not competitive.
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
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:
1. Exhibit C, Special Conditions
2. The provisions of the other sections of the main body of this Grant
3. Exhibit B, Grant Requirements
4. Exhibit D, Statement of Work
5. Exhibit E, Budget
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DocuSign Envelope ID: 2F790C2F-9FE0-4D5F-A826-FB384EE337FE
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program DCJ Grant #: 2022 -DV -22-30016-19
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
DocuSigned by:
5{ , korua
E748°D0^83.D44At..
By: Steve Moreno, Board Chair, Weld County Commissioners
06/17/2021 I 8:15:36 AM PDT
Date:
STATE OF COLORADO
Jared S. Polis, Governor
Department of Public Safety
otilDocusigned by:Stan Hilkey, Executive Director
14D846E240044C2...
By: Division of Criminal Justice
O Joe Thome, Director, or
X Debbie Oldenettel, Deputy Director
Date:
06/17/2021 I 6:04:22 PM PDT
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
DocuSigned by:
61611.41
46306806031-0106...
By: Lyndsay J. Clelland, Contract and Grant Coordinator, Division of Criminal Justice
Effective Date:
06/18/2021 I 7:08:33 AM PDT
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Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program DCJ Grant #: 2022 -DV -22-30016-19
TABLE OF CONTENTS
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS 1
SIGNATURE PAGE 2
1 3
2. 3
3. 4
4. 6
5. 6
6. 7
7. 8
8. 8
9. 10
10. 10
11. 10
12. 10
13. 10
14. 11
15. 11
16. 11
EXHIBIT Al, SAMPLE OPTION LETTER
EXHIBIT A2, SAMPLE GRANT FUNDING CHANGE LETTER
EXHIBIT B, GRANT REQUIREMENTS
EXHIBIT C, SPECIAL CONDITIONS
EXHIBIT D, STATEMENT OF WORK
EXHIBIT E, BUDGET
1
1
1
1
I
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.E.
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
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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
percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed, as determined by the State,
less payments previously made. Additionally, the State, in its discretion, may reimburse
Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this
Grant Award Letter that are incurred by Grantee and are directly attributable to the
uncompleted portion of Grantee's obligations, provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This
subsection shall not apply to a termination of this Grant Award Letter by the State for breach
by Grantee.
C. Grantee's Termination
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.
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. "CM" 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
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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. "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.
L. "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.
M. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Expiration Date.
N. "Matching Funds" means the funds provided Grantee as a match required to receive the
Grant Funds.
O. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
P. "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.
Q.
"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.
R. "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.
S. "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.
T. "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 Contractor which (i) is subject to
disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the
time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available
without breach of any obligation owed by Contractor to the State; (iv) is disclosed to
Contractor, without confidentiality obligations, by a third party who has the right to disclose
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such information; or (v) was independently developed without reliance on any State
Confidential Information.
U. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
V. "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.
W. "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.
X. "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.
Y. "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.
Z. "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.
AA. "Work" means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
BB. "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 for
each State Fiscal Year shown on the first page of this Grant Award Letter. Financial
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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.
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 for any state fiscal year, and the change does not modify any requirements
of the Work. The State shall reimburse Grantee for the State 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 funds until all final documentation has been submitted and accepted by
the State as substantially complete.
F. Matching Funds.
Grantee shall provide the Local Match Amount shown on the first page of this Grant Award
Letter and described in Exhibit E (the "Local Match Amount"). 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.
2. REPORTING - NOTIFICATION
E. Quarterly Reports.
In addition to any reports required pursuant to any other Exhibit Grantee shall submit, on a
quarterly basis, a written report specifying progress made for each specified performance
measure and standard in this Grant Award Letter. Such progress report shall be in accordance
with the procedures developed and prescribed by the State. Progress reports shall be
submitted to the State not later than five Business Days following the end of each calendar
quarter or at such time as otherwise specified by the State.
F. 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.
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G. 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 Award.
The State 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.
3. GRANTEE RECORDS
E. 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 date of submission to the State of the final
expenditure report. 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. If any litigation, claim, or audit related to
this Grant Award Letter starts before expiration of the Record Retention Period, the Record
Retention Period shall extend for a period of three years following the resolution and final
action of all litigation, claims, or audit findings The State, may notify Grantee in writing that
the Record Retention Period shall be extended. For records for real property and equipment,
the Record Retention Period shall extend three years following final disposition of such
property.
F. 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 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 with an entity, 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 Subgrantee.
G. 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.
4. CONFIDENTIAL INFORMATION -STATE RECORDS
E. 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 publically
available at the time of disclosure or are subject to disclosure by Grantee under CORA.
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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
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.
F. 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.
G. 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.
H. 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,
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but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
I. Safeguarding PII
If Grantee or any of its Subgrantees and 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,
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.
5. 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.
6. 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
Subgrantees and Subcontractor and as required by the State or the GIA.
7. 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, 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.
8. DISPUTE RESOLUTION
Except as herein specifically provided otherwise, 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.
9. 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 email
Page 10 of 13
DPA Version 0919 (DCJ 1.1 09/10/2020)
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program DCJ Grant #: 2022 -DV -22-30016-19
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.
10. 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.
11. 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 Contract 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.
12. GENERAL PROVISIONS
E. 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.
F. Subgrants and Subcontracts
Grantee shall not enter into any subgrant or subcontract in connection with its obligations
under this Grant Award Letter without the prior, written approval of the State. All subgrants
and subcontracts entered into by Grantee in connection with this Grant Award Letter shall
comply with all applicable federal and state laws and regulations, shall provide that they are
governed by the laws of the State of Colorado, and shall be subject to all provisions of this
Grant Award Letter. If the entity with whom Grantee enters into a subgrant the subgrant
entered into by Grantee shall also contain provisions permitting both Grantee and the State
to perform all monitoring of that Subgrantee.
G. 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.
H. 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.
Page 11 of 13
DPA Version 0919 (DCJ 1.1 09/10/2020)
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program DCJ Grant #: 2022 -DV -22-30016-19
I. 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, other than Agreement amendments, shall conform to the policies issued by
the Colorado State Controller.
i. For each fiscal year of the Grant, the State shall issue an updated Exhibit D, Statement
of Work and Exhibit E, Budget by Option Letter substantially equivalent to Exhibit
Al, Sample Option Letter each fiscal year (July 1 through June 30). Work shall not
begin on a new fiscal year until such an Option Letter is effective. The provisions of
the Option Letter shall become part of and be incorporated into this Grant.
ii. 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 during the fiscal year. The provisions of the
Option Letter shall become part of and be incorporated into this Grant.
iii. Grantee may terminate the grant as described in §2.C. Grantee Termination if the
Grantee cannot adhere to the approved Exhibit D, Statement of Work and Exhibit
E, Budget as updated from time to time.
iv. 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 or 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 grant agreement.
v. 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.
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.
J. 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.
Page 12 of 13
DPA Version 0919 (DCJ 1.1 09/10/2020)
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program DCJ Grant #: 2022 -DV -22-30016-19
K. 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 Contract by reference.
L. 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.
M. 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.
N. 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.
O. 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.
Page 13 of 13
DPA Version 0919 (DCJ 1.1 09/10/2020)
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program
DCJ Grant #: 2022 -DV -22-30016-19
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 1
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program DCJ Grant #: 2022 -DV -22-30016-19
EXHIBIT A2, SAMPLE 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 1HE
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: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program DCJ Grant #: 2022 -DV -22-30016-19
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 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 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. 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:
a) 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
b) 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:
A. 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,
iii. does not provide an audit response plan with corresponding corrections made sufficient to
satisfy any audit findings.
Exhibit B Page 1 of 2
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program DCJ Grant #: 2022 -DV -22-30016-19
D. Failure to Comply:
B. The grantee understands and agrees that DCJ 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.
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.
E. All expenditures must be supported by appropriate source documentation. Only actual, approved,
allowable expenditures will be permitted.
F. 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
C. 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.
G. Grantee may not assign its rights or duties under this grant without the prior written consent of
the DCJ.
5. AWARD CHANGE REQUESTS
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 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 2 of 2
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program DCJ Grant #: 2022 -DV -22-30016-19
EXHIBIT C, SPECIAL CONDITIONS
The following program specific requirements are imposed by the State 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. These documents
are located on the DCJ Grants website and may also be obtained from DCJ upon request.
® 2021 State Juvenile Diversion Grant Program Special Conditions
Exhibit C Page 1 of 1
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program DCJ Grant #: 2022 -DV -22-30016-19
EXHIBIT D, STATEMENT OF WORK
The Weld County District Attorney's Office Juvenile Diversion Program has been providing Diversion to first time juvenile
offenders since 2005, with an emphasis on Restorative Justice conferencing for Diversion participants since 2013, when the
program was named a RJ Pilot Program as a part of HB 13-1254. Allocated funding will support one Juvenile Diversion
Case Manager, costs associated with the Diversion Program, and will fund Restorative Justice services through a contracted
agent.
The program seeks to match first time offenders with the appropriate level of services upon their first contact with law
enforcement. The program philosophy is that providing the proper services as soon as possible will best address a juveniles
needs and therefore, be a preventative measure in eliminating future law violations. Through understanding the juvenile and
the communities' needs, not all juveniles are appropriate for the low level of supervision that Diversion provides; therefore,
the program does not accept all juveniles referred to the program. Diversion sanctions strive to repair the harm done to the
juveniles' community, including their school, neighborhood, trust with parents or guardians, and the victim. Diversion
participants receive case management and appropriate referrals to community -based programs, which could include
Restorative Justice. The Model Programs Guide recommends basic case management and restorative justice principles for
this population.
The Weld County District Attorney's Office Diversion program is a pre -file Diversion program with referrals coming from
the Juvenile Unit of the District Attorney's Office. Cases are staffed at intake and determined who will be offered
Diversion. Cases determined eligible complete a Diversion intake, case management, and referrals to community based
agencies. After successful termination, the case goes into a No File status in the CDAC database Action Viewer. Cases that
are filed at intake and are later determined to be Diversion eligible can still be referred by any party to the case. These cases
are dismissed upon intake to the Diversion program. The number of cases handled post -file and dismissed for Diversion are
increasing significantly as players in the courtroom are better versed in Diversion.
At Diversion intake, juveniles complete intake paperwork, the MAYSI II and an intake interview. The AUDIT (Alcohol
Use Disorder Identification Test) and CUDIT (Cannabis Use Identification Test) are used to gain more information on use
patterns, when indicated. Implementing a supplemental substance tool was a goal for January of 2016 and this AUDIT and
CUDIT have been satisfactory. The intake paperwork and interview are designed to determine suitability for service
options, the level of case management needed, and what referrals might be appropriate. The MAYSI II affirms the need for
treatment, and which type of treatment, will be included in the Diversion contract and referrals. Substance and mental
health treatment are referred to outside agents who complete a further assessment.
The Arizona Risk/Needs Assessment Instrument has been utilized for a few years now, to determine risk level of re -
offense. As a screening tool will be required to be administered on all cases prior to Diversion determination program staff
will continue to use a screening tool, just at a different time point.
All first time offenders aged 10-17 will be considered for diversion services. Violent, drug related, or sex offenses are not
eligible. Juveniles with active gang affiliation are not eligible for Diversion. Additionally, all cases that range from a petty
offense to a class 3 felony are assessed for a referral to Restorative Justice programming.
Services provided are consistent with the findings of effective programs through the on -going DCJ Diversion evaluation
conducted by OMNI. Standardized screenings are used to evaluate the juvenile and their family systems. An agreement is
made based on these results. Appropriate referrals are made to a wide network of community -based services which can
include evidence -based programs such as Multi -Systemic therapy and Restorative Justice Conferencing. Many aspects of
the program follow the 8 Principles for Effective Interventions when appropriate, specifically when addressing the Target
Interventions. Services are provided to this low -risk level cohort for approximately three months. All participants receive
case management, in varying degrees according to participant needs. The current goal will be to divert 150 juveniles from
traditional prosecution per year. This is done at a cost of approximately $1020 per juvenile per year. Steps that Diversion
program staff take to aide a juvenile case through the Diversion program include administering risk screening tools,
reviewing cases for acceptance, administration of mental health and substance abuse screens, creation of a Diversion
contract with a clear understanding that contract items must be completed, maintaining records in CDAC and ETO
databases, case management, screening and submitting referrals for treatment needs or referral to Restorative Justice
conferencing, supervision and monitoring for compliance, and collecting and reporting data. If those juveniles were to go
through the traditional judicial process requiring the time of judges, court personnel and probation officers, the cost to serve
those juveniles would be significantly higher.
Exhibit D Page 1 of 2
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program DCJ Grant #: 2022 -DV -22-30016-19
In 2013, Weld County was named as a pilot project site in HB 13-1254. This pilot project evaluated 4 sites statewide as
they used Restorative Justice Conferencing as a component of Diversion. The DA's Office Diversion program has an MOU
with a local non-profit program, Youth and Family Connections, to offer RJ conferences to Diversion participants. As a
result of being a pilot program, Restorative Justice is wholly integrated within the processes at this point. A significant
amount of the funding allocation will be used to further this collaboration and continue to provide Restorative Justice
services to Juvenile Diversion participants in Weld County. Turnover at the community based non-profit has been a
disruption to service and is an on -going consideration, but the DA's Office is committed to restorative solutions for
Diversion youth.
The structure of the Weld County Diversion program was built intentionally so that Diversion is the least restrictive level of
supervision for a juvenile who has committed a criminal offense. Diversion follows the trends of the local probation
department and educates prosecutors offering pleas to ensure that Diversion remains the least restrictive option. If a
juvenile were to be non -compliant with their agreement, a meeting will be held where additional sanctions will be assigned.
Frequently parents have been consulted first and parents and the case manager work to help the juvenile come up with their
own graduated sanctions. If a new law violation has been committed or if despite efforts the juvenile is still non -compliant,
the case will be filed with the court and traditional prosecution ensues. As a matter of graduated sanctions, the juvenile is
required to proceed through the court process and face the consequences of their initial criminal behavior and the issue of
non-compliance with the diversion program.
Successful completion of agreements are verified by the juvenile providing proof that the conditions have been complied
with during the expected time frames with no new law violations resulting in a delinquency filing. Upon verification of
successful completion, the case receives "no file" status in the Colorado District Attorneys' Council database Action,
noting completion of the Diversion Program as an explanation for why charges are not filed. Cases that do not successfully
complete sanctions or where a new law violation occurs are filed with the Court and are prosecuted accordingly.
Measurable Goals & Objectives that support this Statement of Work will be determined by the project director in
coordination with the DCJ grant manager. The Goals & Objectives will be established either in the Grant Management
System or other written form. Grantee shall comply with all Goals & Objectives as a measurable extension of this
Statement of Work. Objectives will be established either in the Grant Management System or other written form. Grantee
shall comply with all Goals & Objectives as a measurable extension of this Statement of Work.
Exhibit D Page 2 of 2
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program
DCJ Grant #: 2022 -DV -22-30016-19
EXHIBIT E, BUDGET
BUDGET SUMMARY
Personnel
$98,000.00
Supplies and Operating
$764.00
Travel
$1,236.00
Equipment
$0.00
Consultants / Contracts
$53,000.00
Indirect
$0.00
Total
$153,000.00
PERSONNEL
Position Title and Name
Annual Base
Salary
Annual Base
Salary to be
Paid by
Diversion
Funds
% Salary
To Be Paid
By
Diversion
Funds
Annual
Base Fringe
Annual
Fringe to be
Paid by
Diversion
Funds
% Fringe
To be Paid
by
Diversion
Funds
Total Annual
Base Salary +
Fringe
Total Base
Salary +
Fringe To Be
Paid By
Diversion
Funds
Director of Diversion
$ 86,588.00
$ 13,905.00
16.06%
$ 39,831.00
$ 0.00
0.00%
$ 126,419.00
$ 13,905.00
Budget Narrative &
Justification
60% of time is spent on this project, with an estimated 16.06% of the allocation supporting this position. Salary is based on the Counties
scheduled pay scale and representative of 15 years program experience. Fringe is calculated by using the following percentage of the
salary: Social Security 7.65%, Unemployment Compensation .09%, workers compensation insurance premium .08%, retirement and
savings plan payments 10.75%, life insurance and accidental death and dismemberment .575%, health insurance premium 11.8%, short
and long term disability .5375%, vacation 4.61%, holiday 4.25% and sick time 2.30% for a total of approximately 42.6%. An estimated
3% cost of living increase will likely occur January 2022 and is factored into requested amounts. This increase will be for all County
employee salaries. A salary survey in 2016 shows the salary is less than other Diversion Directors in District Attorney's Offices. This
position does all administration, supervision, collaboration, and evaluation efforts for Diversion and is a member of the DA's Office
management team.
Case Manager
$ 57,599.00 I $ 57,599.00 I 100.00% I $ 26,496.00 I $ 26,496.00 I 100.00% J $ 84,095.00 I $ 84,095.00
Budget Narrative &
Justification
The amount requested will fund the Case manager salary. Salary is based on the Counties scheduled pay scale and is commensurate with
experience. Fringe is calculated by using the following percentage of the salary: Social Security 7.65%, Unemployment Compensation
.09%, workers compensation insurance premium .08%, retirement and savings plan payments 10.75%, life insurance and accidental
death and dismemberment .575%, health insurance premium 11.8%, short and long term disability .5375%, vacation 4.61%, holiday
4.25% and sick time 2.30% for a total of approximately 42.6%. An estimated 3% cost of living increase will likely occur January 2022.
This increase will be for all County employee salaries. The case manager salary was set after reviewing the pay rates of similar positions
in the County and is also reflective of rates of pay for other Diversion counselors in the state, per the 2016 salary survey. Complete job
descriptions are attached as required.
TOTAL
$ 144,187.00 I $ 71,504.00 I 50% I $ 66,327.00 I $ 26,496.00 I 40% I $210,514.00 I $98,000.00
NON -PERSONNEL
Budget Item
Amount To Be Paid By
Diversion Funds
Budget Narrative and Justification
SUPPLIES & OPERATING
Office Supplies
$ 264
This will fund basic office supplies to include business cards, copy paper, triplicate forms, cleaning supplies, snacks for
juveniles while participating in Diversion activities.
Conference
Registrations
$ 500
Conference registration. While a specific conference has yet to be determined, this is consistent with conference
registration costs for years past.
Supplies &
Operating Total
$ 764
TRAVEL
Travel related
expenses
$ 1,236
Anticipated travel costs include at least three trips to Denver and related travel expenses to attend conferences, including
air and ground transportation, hotel and meal expenses. Mileage is estimated at the Weld County reimbursement rate of
$.54/mile
Travel Total
$ 1,236
EQUIPMENT
Equipment Total I $ 0 I
Exhibit E
Page 1 of 2
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program
DCJ Grant #: 2022 -DV -22-30016-19
Budget Item
Amount To Be
Paid By
Diversion Funds
Budget Narrative and Justification
CONSULTANTS/CONTRACTS
Restorative Justice
Consultants/Contracts
Total
$ 53,000
The Weld County District Attorney's Office will contract with a local non-profit with Restorative Justice Programming to
provide Restorative Justice conferencing for Diversion participants. This is an established relationship with a community
partner.
$ 53,000
INDIRECT
Indirect Total I $ 0
TOTAL I $ 55,000
Exhibit E Page 2 of 2
GRANT AWARD LETTER FOR JUVENILE DIVERSION AND MARIJUANA TAX CASH FUND
PROGRAM FOR RESTORATIVE JUSTICE SERVICES
APPROVED AS TO ScJpSTANCE:
Elected Official orepartment Head
APPROVED AS TO FUNDING:
Controller
APPROVED AS TO FORM:
County Attorney
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