HomeMy WebLinkAbout20213088.tiffRESOLUTION
RE: APPROVE AWARD LETTER AND INTERGOVERNMENTAL AGREEMENT FOR 2021
PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANT FOR NORTHERN
COLORADO REGIONAL FORENSIC LABORATORY 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 an Award Letter and Intergovernmental
Agreement for the 2021 Paul Coverdell Forensic Science Improvement Grant for the Northern
Colorado Regional Forensic Laboratory between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office,
and the Colorado Department of Public Safety, Division of Criminal Justice, commencing
October 1, 2021, and ending September 30, 2022, with further terms and conditions being as
stated in said grant award and agreement, and
WHEREAS, after review, the Board deems it advisable to approve said grant award and
agreement, 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 Award Letter and Intergovernmental Agreement for the 2021
Paul Coverdell Forensic Science Improvement Grant for the Northern Colorado Regional Forensic
Laboratory between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Sheriff'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 and agreement.
Cc: So (DF/5 K), ACT(co)
l,2/v3/2-
2021-3088
SO0042
AWARD LETTER AND INTERGOVERNMENTAL AGREEMENT FOR 2021 PAUL COVERDELL
FORENSIC SCIENCE IMPROVEMENT GRANT FOR NORTHERN COLORADO REGIONAL
FORENSIC LABORATORY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of November, A.D., 2021, nunc pro tunc October 1, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dit.4
Weld County Clerk to the Board
County At rney
Steve Chair
Date of signature:
2021-3088
SO0042
Coco -4- lfi4523
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 2020-DN-21-4 Grant Acceptance
DEPARTMENT: Crime Lab
PERSON REQUESTING: Lab Director Daren Ford
DATE: 10/26/21
Brief description of the problem/issue:
The Regional Crime Lab has been awarded the Paul Coverdell Grant for 2021. This grant includes $17,614 in
training funds for the analyst. These federal funds are provided to each state in the form of a formula grant
based upon the number of type 1 crimes associated with the 5 partnered agencies connected with the crime lab.
The Lab has utilized this grant for the past several years to train and certify the analysts.
Having examined the needs of the regional lab and areas where training is needed most, I have identified
several training opportunities. Two classes would be for DME staff in the areas of cell phone and computer
forensics which would help assist in the reduction of the cell phone and computer case backlog.
Part of the training request is to fund one analyst to attend ANAB's lab accreditation auditing class and a
second analyst to attend a leadership training. The ANAB course provides an analyst with the knowledge and
skills to perform internal audits for quality control. The leadership course is hosted by the American Crime Lab
Association and will be attended by the latent print technical leader.
Finally, funds will be used to send 2 analysts to discipline specific conferences to ensure their knowledge and
skills are current with the changes in their disciplines.
This request is to accept the awarded Coverdell Grant for the amount of $17,614.
This grant requires no matching funds and there will be no additional cost imposed on the County. Also, there is
no supplanting of funds with this request.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Accept the grant for training funds for the lab in the amount of $17,614.
Not approve the request.
Recommendation:
I recommend accepting the grant.
Perry L. Buck
Mike Freeman
Scott K. James, Pro -Tern
Steve Moreno, Chair
Lori Saine
Approve
Schedule
Recommendation Work Session
VV.a
C,
rJ
Other/Comments:
2021-3088
So ooz►z
Karla Ford
From:
Sent:
To:
Subject:
Attachments:
I approve
Thank you
Perry
Perry Buck
Tuesday, October 26, 2021 4:25 PM
Karla Ford
Re: Please Reply - Coverdell Grant Pass -Around
image0ol.jpg; DC1_Grant_-_Coverdell_2020-DN-21-4___2021_Cp.pdf; 2021 Coverdell
Pass Around 10-26-21.doc
Sent from my iPhone
On Oct 26, 2021, at 4:14 PM, Karla Ford <kford@weldgov.com>wrote:
Please advise if you approve recommendation. Thank you.
Karla Ford.
Office Manager Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(weldgov.con'i :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p,m.**
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: Daren Ford <dford@weldgov.com>
Sent: Tuesday, October 26, 2021 4:O2 PM
To; Karla Ford <kford@weldgov.com>
Cc: Sonja Kohlgraf <skohlgraf@weldgov.com>
Subject: FW: Coverdell Grant
Can you start the pass around for this grant?
Daren Ford, Lab Director
Northern Colorado Regional Forensic Laboratory
2329 115th Avenue, Greeley, CO 80634
(P) 970-400-3638
From: Daren Ford
Sent: Tuesday, October 26, 2021 1:39 PM
To: Sonja Kohlgraf <skohlgraf@w ldgov.com>
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
Grantee: Weld County
Project: 2021 Coverdell Training
DCJ Grant #: 2020- DN-21-4
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
2020-DN-21-4
Grantee
Weld County
Grantee DUNS
075757955
Is this Award for Research and Development (R&D)?
No
Grant Issuance Date (Start Date)
October 1, 2021
Grant Amount
Federal Award # 2020-CD-BX-0009: $17,614
Total for all Funding Sources: $17,614
Grant Expiration Date (End Date)
September 30, 2022
Grant Authority
The Division of Criminal Justice is authorized to disburse these
funds by Colorado Revised Statute 24-33.503 and 507.
Local Match Amount $0
Total Match Amount: $0
Match Percentage Required: 0%
Grant Description
The Northern Colorado Regional Forensic Lab (NCRFL) is a consortium of five law enforcement agencies that have combined
staff, along with CBI staff housed in Greeley, to provide forensic services to the Northern Colorado region, primarily to the
participating agencies. The lab in conjunction with CBI was accredited in May 2015 in chemistry, biology -bodily fluid
identification, firearms and latent prints. In addition, the areas of Biology -DNA Nuclear and Digital & Multimedia Evidence
(DME) were accredited in 2016. The lab is seeking to train forensic scientists in their area of expertise to continue to improve
the quality of forensic services to the people of Northern Colorado and address the concerns of the National Commission on
Forensic Sciences (NCFS). This training will also include the training of a new DME analyst that will be involved in the
processing of electronic devices associated with the illegal distribution of synthetic opioids.
Grant Purpose
The Paul Coverdell Forensic Science Improvement Grant Program allows States and units of local government to help improve
the quality and timeliness of forensic science and medical examiner services. This grant is specified in the federal grant award.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
1. Exhibit Al, Sample Option Letter
2. Exhibit A2, Grant Funding Change Letter
3. Exhibit B, Grant Requirements
4. Exhibit C, Special Conditions
5. Exhibit D, Federal Requirements
6. Exhibit E, Statement of Work
7. Exhibit F, 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 D, Federal Requirements
4. Exhibit B, Grant Requirements
5. Exhibit E, Statement of Work
6. Exhibit F, Budget
Page 1 of 15
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DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
Grantee: Weld County
Project: 2021 Coverdell Training
DCJ Grant #: 2020- DN-21-4
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Award Office
U.S. Department of Justice (US DOJ), Office of Justice Programs Office (OW), National
Institute of Justice
Grant Program
Paul Coverdell Forensic Science Formula Grant Program
CFDA
16.742
Federal Award Number(s)
2020-CD-BX-0009
Federal Award Date
10/1/20
Federal Award End Date *
9/30/22
Federal Statutory
Authority
This project is supported under FY20 (BJA — Coverdell-formula) 34 USC 10561-10566
Total Amount of Federal
Award (this is not the
amount of this grant
agreement)
$310,602
* The Federal Award End Date is current at the time of this award. All federal funds are subject to availability as
described in §2 and §5 below.
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Grantee: Weld County
Project: 2021 Coverdell Training
SIGNATURE PAGE
DCJ Grant #: 2020- DN-21-4
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
r—DocuSigned by:
St . Itthr 1Ah
`—F74RRfR5R3n44A1
By: Steve Moreno, Chair
Board of County Commissioners
Date: 11/03/2021 j 10:09:06 AM MDT
STATE OF COLORADO
Jared S. Polis, Governor
Department of Public Safety
Stan Hilkey, Executive Director
Do'cuSigne/dQby:
I Jl Vt-14DB46S240044C2...
By: : Division of Criminal Justice
O Joe Thome, Director, or
X Debbie Oldenettel, Deputy Director
Date:
11/03/2021 111:10:21 AM 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:
3630880603F0406...
By: Lyndsay J. Clelland, Contract and Grant Coordinator, Division of Criminal Justice
Effective Date:
11/03/2021 110:09:06 AM MDT
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Grantee: Weld County
Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
TABLE OF CONTENTS
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS 1
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD 2
SIGNATURE PAGE 3
1. GRANT 4
2. TERM 4
3. DEFINITIONS 5
4. STATEMENT OF WORK 8
5. PAYMENTS TO GRANTEE 8
6. REPORTING - NOTIFICATION 9
7. GRANTEE RECORDS 10
8. CONFIDENTIAL INFORMATION -STATE RECORDS 10
9. CONFLICTS OF INTEREST 12
10. INSURANCE 12
11. REMEDIES 12
12. DISPUTE RESOLUTION 12
13. NOTICES AND REPRESENTATIVES 13
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 13
15. GOVERNMENTAL IMMUNITY 13
16. GENERAL PROVISIONS 13
EXHIBIT Al, SAMPLE OPTION LETTER 1
EXHIBIT A2, GRANT FUNDING CHANGE LETTER 1
EXHIBIT B, GRANT REQUIREMENTS 1
EXHIBIT C, SPECIAL CONDITIONS 1
EXHIBIT D, FEDERAL REQUIREMENTS 1
EXHIBIT E, STATEMENT OF WORK 1
EXHIBIT F, BUDGET 1
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter
(the "State") hereby obligates and awards to Grantee shown on the first page of this Grant Award
Letter (the "Grantee") an award of Grant Funds in the amounts shown on the first page of this
Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter,
Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Grant Award Letter shall commence on the
Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter in accordance with §16.D.
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Grantee: Weld County
Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, Federal or other funds used
for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund
this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter
in whole or in part by providing written notice to Grantee that includes, to the extent
practicable, the public interest justification for the termination. If the State terminates this
Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the
total reimbursement payable under this Grant Award Letter that corresponds to the Work
satisfactorily completed, as determined by the State, less payments previously made. This
subsection shall not apply to a termination of this Grant Award Letter by the State for breach
by Grantee.
C. Grantee's Termination Under Federal Requirements
Grantee may request termination of this Grant by sending notice to the State, which includes
the reasons for the termination and the effective date of the termination. If this Grant is
terminated in this manner, then Grantee shall return any advanced payments made for work
that will not be performed prior to the effective date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget" means the budget for the Work described in Exhibit F.
B. "Business Day" means any day in which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1) C.R.S.
C. "CJI" means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including, without limitation, all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under §24-72-302 C.R.S.
D. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
E. "Grant Award Letter" means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future updates thereto.
F. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
G. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
H. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this Grant
Award Letter.
I. "Exhibits" exhibits and attachments included with this Grant as shown on the first page of
this Grant
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Grantee: Weld County
Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
J. "Extension Term" means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Grant Award Letter
K. "Federal Award" means an award of Federal financial assistance or a cost -reimbursement
contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the
Recipient. "Federal Award" also means an agreement setting forth the terms and conditions
of the Federal Award. The term does not include payments to a contractor or payments to an
individual that is a beneficiary of a Federal program.
L. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient and may be found in the grid Federal Award(s) Applicable to this Federal Award
located immediately after the Cover Page.
M. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired, produced,
or delivered by Grantee in connection with the Services.
N. "Incident" means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any State Records.
O. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Expiration Date.
P. "Matching Funds" means the funds provided Grantee as a match required to receive the
Grant Funds.
Q. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
R. "PCI" means payment card information including any data related to credit card holders'
names, credit card numbers, or the other credit card information as may be protected by state
or federal law.
S. "PII" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual's identity, such as name, social security number, date and place of birth,
mother's maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §§24-72-501 and 24-73-101 C.R.S.
T. "PHI" means any protected health information, including, without limitation any information
whether oral or recorded in any form or medium: (i) that relates to the past, present or future
physical or mental condition of an individual; the provision of health care to an individual;
or the past, present or future payment for the provision of health care to an individual; and
(ii) that identifies the individual or with respect to which there is a reasonable basis to believe
the information can be used to identify the individual. PHI includes, but is not limited to, any
information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
U. "Recipient" means the State Agency shown on the first page of this Grant Award Letter, for
the purposes of the Federal Award.
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Grantee: Weld County
Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
V. "Services" means the services to be performed by Grantee as set forth in this Grant Award
Letter, and shall include any services to be rendered by Grantee in connection with the Goods.
W. "State Confidential Information" means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII, PHI,
PCI, Tax Information, CJI, and State personnel records not subject to disclosure under
CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has
been communicated, furnished, or disclosed by the State to 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
such information; or (v) was independently developed without reliance on any State
Confidential Information.
X. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
Y. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
Z. "State Records" means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
AA. "Sub -Award" means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded
in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow
down to this Sub -Award unless the terms and conditions of the Federal Award specifically
indicate otherwise.
BB. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
the Work. This establishes a procurement relationship. The subcontractor provides goods or
services for the benefit of the purchaser.
CC. "Subgrantee" means third -parties, if any, engaged by Grantee or Subgrantee to aid in
performance of the Work. This establishes a grant relationship. The beneficiary, not the
purchaser, receives benefit from the work. There may be multiple tiers of
subgrantees/subrecipients that do not include procurement transactions.
DD. "Subrecipient" means a state, local government, Indian tribe, institution of higher education
(IHE), or nonprofit organization entity that receives a Sub -Award from a Recipient to carry
out part of a Federal program, but does not include an individual that is a beneficiary of such
program. A Subrecipient may also be a recipient of other Federal Awards directly from a
Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient.
EE. "Tax Information" means Federal and State of Colorado tax information including, without
limitation, Federal and State tax returns, return information, and such other tax -related
information as may be protected by Federal and State law and regulation. Tax Information
includes, but is not limited to all information defined as Federal tax information in Internal
Revenue Service Publication 1075.
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Grantee: Weld County
Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
FF. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200,
commonly known as the "Super Circular, which supersedes requirements from OMB
Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular
A-50 on Single Audit Act follow-up.
GG. "Work" means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
HH. "Work Product" means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. "Work
Product" does not include any material that was developed prior to the Grant Issuance Date
that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit E and Exhibit F. The State shall have no liability to compensate or
reimburse Grantee for the delivery of any goods or the performance of any services that are not
specifically set forth in this Grant Award Letter.
5. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount
shown on the first page of this Grant Award Letter. Financial obligations of the State payable
after the current State Fiscal Year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or
reimburse Grantee for any Work performed or expense incurred before the Grant Issuance
Date or after the Grant Expiration Date; provided, however, that Work performed and
expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active
Federal Award may be submitted for reimbursement as permitted by the terms of the Federal
Award.
B. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency
or the State to disallow costs and recover funds on the basis of a later audit or other review.
Any cost disallowance recovery is to be made within the Record Retention Period, as defined
below.
C. 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
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Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
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, and the
change does not modify any requirements of the Work. The State shall reimburse Grantee for
the Federal share of properly documented allowable costs related to the Work after the State's
review and approval thereof, subject to the provisions of this Grant. The State shall only
reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the
Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee
(i.e. the price paid minus any items of value received by Grantee that reduce the cost actually
incurred).
D. 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. If the Federal Awarding Agency has not closed this
Federal Award within 1 year and 90 days after the Grant Expiration Date due to Grantee's
failure to submit required documentation, then Grantee may be prohibited from applying for
new Federal Awards through the State until such documentation is submitted and accepted.
E. Matching Funds.
Grantee shall provide the Local Match Amount shown on the first page of this Grant Award
Letter and described in Exhibit F (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.
6. REPORTING - NOTIFICATION
A. 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.
B. 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.
C. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting the
Federal Award. The State or the Federal Awarding Agency may impose any penalties for
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noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include,
without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following date of submission to the State of the final
expenditure report. Grantee shall permit the State and any duly authorized federal agency 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.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Grant Award
Letter using procedures as determined by the State. Grantee shall allow the State to perform
all monitoring required based on the State's risk analysis of Grantee. The State and any duly
authorized federal agency 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.
C. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee's records that relates to or affects this Grant or the Work, whether the
audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform
a single audit under 2 CFR 200.501, et. seq., then Grantee shall submit a copy of the results
of that audit to the State within the same timelines as the submission to the federal
government.
8. CONFIDENTIAL INFORMATION -STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subgrantees and Subcontractors to hold and
maintain, any and all State Records that the State provides or makes available to Grantee for
the sole and exclusive benefit of the State, unless those State Records are otherwise publically
available at the time of disclosure or are subject to disclosure by Grantee under CORA.
Grantee shall not, without prior written approval of the State, use for Grantee's own benefit,
publish, copy, or otherwise disclose to any third party, or permit the use by any third party
for its benefit or to the detriment of the State, any State Records, except as otherwise stated
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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.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns, Subgrantees and
Subcontractors as necessary to perform the Work, but shall restrict access to State
Confidential Information to those agents, employees, assigns, Subgrantees and
Subcontractors who require access to perform their obligations under this Grant Award
Letter. Grantee shall ensure all such agents, employees, assigns, Subgrantees and
Subcontractors will read, acknowledge, and agree to be bound by the confidentiality terms of
the grant. Grantee acknowledges that it's employees will be covered by Grantee's professional
liability insurance for breach of such confidentiality terms. Grantee will ensure that it includes
the confidentiality terms in all contracts with Subgrantees or Subcontractors and be held
responsible if it fails to do so. The confidentiality statements are in force at all times the agent,
employee, assign, Subgrantees or Subcontractor has access to any State Confidential
Information.. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee shall maintain the confidentiality of such State
Confidential Information in accordance with the obligations contained in this Section 8 for a
period of five (5) years following the expiration or termination of this Agreement.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
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as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding PII
If Grantee or any of its Subgrantees 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.
9. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest is
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.
10. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that
any Subgrantees and Subcontractors maintain all insurance customary for the completion of the
Work done by that Subgrantees and Subcontractor and as required by the State or the GIA.
11. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails
to comply with any term or condition of this Grant or any terms of the Federal Award, the State
may terminate some or all of this Grant and the Grantee may have to repay Grant funds as
determined by the Federal government. The State may also terminate this Grant Award Letter at
any time if the State has determined, in its sole discretion, that Grantee has ceased performing the
Work without intent to resume performance, prior to the completion of the Work.
12. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as required or permitted by federal regulations
related to any Federal Award that provided any of the Grant Funds, disputes concerning the
performance of this Grant that cannot be resolved by the designated Party representatives shall be
referred in writing to a senior departmental management staff member designated by the State and
a senior manager or official designated by Grantee for resolution.
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Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
13. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
email to the representative of the other Party. Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this §13.
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State and federal funding agency a perpetual, irrevocable, non-
exclusive, royalty free license, and to authorize others to use, to make, use, reproduce, distribute,
perform, display, create derivatives of and otherwise exploit all intellectual property created by
Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State
pursuant to this Grant.
15. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials shall
be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b),
and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of
this 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.
16. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee's rights and
obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. 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.
C. 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.
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Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
D. 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.
E. Modification
The State may modify the terms and conditions of this Grant by issuance of an Option Letter
similar to Exhibit Al, Sample Option Letter, or a Grant Funding Change Letter similar to
Exhibit A2, Sample Grant Funding Change 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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
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Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
L. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit C at all times during the
term of this Grant.
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Project: 2021 Coverdell Training
DCJ Grant #: 2020- DN-21-4
EXHIBIT Al, SAMPLE OPTION LETTER
State Agency
Insert Department's or II-IE'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 II -1E
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
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DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8O82-E40SEF5D8382
Grantee: Weld County
Project: 2021 Coverdell Training
DCJ Grant #: 2020- DN-21-4
EXHIBIT A2, GRANT FUNDING CHANGE LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Grant Funding Change Letter Number
Insert the Option Number (e.g. "1" for the first option)
Contractor
Insert Contractor's Full Legal Name, including
"Inc.", "LLC", etc...
Original Grant Number
Insert CMS number or Other Contract Number of the Original Contract
Current Contract Maximum Amount
Initial Term
State Fiscal Year 20xx $0.00
Extension Terms
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
Grant Funding Change Letter Contract Number
Insert CMS number or Other Contract Number of this Option
Contract Performance Beginning Date
Month Day, Year
Current Contract Expiration Date
Month Day, Year
1. GRANT FUNDING CHANGE
In accordance with §Insert Section Number of the Original Grant referenced above, the State Agency listed above
commits the following funds to the grant:
A. The funding available for State Fiscal Year 20xx is Increased/Decreased by $Amount of Change, because Insert
Reason For Change.
B. The total funding avail for all State Fiscal Years as of the effective date of this Grant Funding Change Letter is
shown as the current contract maximum above.
2. TERMINOLOGY
All terminology used in this Grant Funding Change Letter shall be interpreted in accordance with the Original Grant
referenced above.
3. NO ORDER FOR WORK
This Grant Funding Change Letter modifies the available funding only and does not constitute an order or authorization
for any specific services or goods under the Grant.
4. GRANT FUNDING CHANGE LETTER EFFECTIVE DATE:
The effective date of this Grant Funding Change Letter is upon approval of the State Controller or , whichever
is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT -Name of Agency or IHE
INSERT -Name & Title of Head of Agency or III
By: Name & Title of Person Signing for Agency or IHE
Date:
In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Name of Agency or IHE Delegate -Please delete if contract will be routed to OSC for approval
Grant Funding Change Letter Effective Date:
Exhibit A2
Page 1 of 1
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
Grantee: Weld County
Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
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:
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
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8O82-E408EF5D8382
Grantee: Weld County
Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
D. Failure to Comply:
The grantee understands and agrees that DCJ or the federal awarding agency may withhold award
funds, or may impose other related requirements, if the grantee does not satisfactorily and promptly
address outstanding issues from audits required by Part 200 Uniform Requirements, by the terms of
this award, by the current addition of the DOJ Grants Financial Guide, or other outstanding issues
that arise in connection with audits, investigations, or reviews of DOJ awards.
2. ADDITIONAL REPORTING REQUIREMENTS
In addition to quarterly report requirements these grant funds may have additional report
requirements. The additional reports may include, but is not limited to, reporting progress and
statistics directly into a federal Performance Management Tool (PMT).
3. FINANCIAL AND ADMINISTRATIVE MANAGEMENT
A. The Grantee assures that fund accounting, auditing, monitoring, evaluation procedures and such
records as necessary will be maintained to assure adequate internal fiscal controls, proper
financial management, efficient disbursement of funds received, and maintenance of required
source documentation for all costs incurred. These principles must be applied for all costs
incurred whether charged on a direct or indirect basis.
B. All expenditures must be supported by appropriate source documentation. Only actual, approved,
allowable expenditures will be permitted.
C. The Grantee assures that it will comply with the applicable Administrative Guide of the Division
of Criminal Justice (Guide), located at the Division of Criminal Justice Grants website.
However, such a guide cannot cover every foreseeable contingency, and the Grantee is
ultimately responsible for compliance with applicable state and federal laws, rules and
regulations. In the event of conflicts or inconsistencies between the Guide and any applicable
state and federal laws, rules and regulations, such conflicts or inconsistencies shall be resolved
by applicable state and federal laws, rules and regulations.
4. PROCUREMENT AND CONTRACTS
A. Grantee assures that open, competitive procurement procedures will be followed for all
purchases under the grant. All contracts for professional services, of any amount, and equipment
purchases over five thousand dollars (per item, with a useful life of at least one year) must
receive prior approval by the DCJ. Grantee shall submit Form 16 — Professional
Services/Consultant Certification and/or Form 13 — Equipment Procurement Certification Form.
B. Grantee may not assign its rights or duties under this grant without the prior written consent of
the DCJ.
5. AWARD CHANGE REQUESTS
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
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
Grantee: Weld County
Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
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.
® 2020 — Paul Coverdell Forensic Science Improvement Grant Program Special Conditions
Exhibit C Page 1 of 1
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
Grantee: Weld County
Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
EXHIBIT D, FEDERAL REQUIREMENTS
The following federal requirements are imposed by the Federal sponsoring agency concerning special
requirements of law. These requirements apply to this Agreement and must be passed on to subgrants
and subcontractors.
The following federal requirements documents, if checked, are incorporated herein. These documents
are located on the DCJ Grants website and may also be obtained from DCJ upon request.
2020 Federal Requirements
Exhibit D Page 1 of 1
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8O82-E408EF5D8382
Grantee: Weld County
Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
EXHIBIT E, STATEMENT OF WORK
The Statement of Work contained within the DocuSign Envelope is incorporated herein. The
remainder of the page is blank.
Exhibit E Page 1 of 1
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
Grantee: Weld County
Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
EXHIBIT F, BUDGET
The Budget contained within the DocuSign Envelope is incorporated herein. The remainder of the
page is blank.
Exhibit F Page 1 of 1
DocuSign Envelope ID: S0B8A97D-7DDB-47AD-8O82-E408EF5D8382
Grantee: Weld County
Project: 2021 Coverdell Training DCJ Grant #: 2020- DN-21-4
EXHIBIT E, STATEMENT OF WORK
Project Summary
The Northern Colorado Regional Forensic Lab (NCRFL) is a consortium of 5 law enforcement agencies that have
combined staff, and along with CBI staff housed in Greeley, to provide forensic services to the Northern Colorado
region, primarily to the participating agencies. The lab in conjunction with the CBI was accredited in May 2015 in
chemistry, biology -bodily fluid identification, firearms and latent prints. In addition, the areas of Biology -DNA
Nuclear and Digital & Multimedia Evidence (DME) were accredited in 2016. The lab is seeking to train forensic
scientists in their area of expertise to continue to improve the quality of forensic services to the people of Northern
Colorado and address the concerns of the National Commission on Forensic Sciences (NCFS). This training will also
include the training of a new DME analyst that will be involved in the processing of electronic devices associated
with the illegal distribution of synthetic opioids.
Project Plan
We anticipate that as a result of the cell phone training received an additional 50-75 phones can be processed in the
lab. This will reduce the backlog of cases significantly in the DME- computer forensic unit. We also expect that with
the reduction in electronic devices we will be able to quickly respond to requests to identify individuals involved in
the sale and distribution of illegal drugs (opioids) as well as the exploitation of children and human trafficking. The
DME certification course allow the examiner to better understand where digital evidence will be found and how to
extract it and present the findings in court.
The ANAB training course will prepare the analyst to better understand both the quality practices and auditing
principles associated with accreditation.
The ASCLD Leadership course will prepare one analyst to better manage her discipline and will help with the
fundamentals of leadership within the lab system.
Finally, the IAI and AFTE training conferences assists in maintaining the analyst's certification, knowledge and
skills.
Goals & Outcomes
GOAL 1
Goal Have two DME examiners participate in courses provided by IACIS. One course in advanced cell phone
forensics which would lead to IACIS certification in cell phones and the second course will be the Basic
Certification in computer forensics.
Objective 1.1 The Regional lab would register and have the DME examiner complete the IACIS Mobile Device
Course and IACIS certification training in 2022.
Register the analyst for the classes. The analyst(s) would complete the classes, and pass any tests
required of the training. Once the class is completed, they would fulfill any lab mandated competency
testing and then begin processing cases once they have been authorized by the technical leader.
Measurement 1. The class is identified in late 2021 or in early 2022.
2. Registration is made.
3. Individual attends the class.
4. Individual passes any exams.
Timeframe Register for the classes in late 2021 or early 2022. Complete the training and then start applying the
knowledge gained.
Exhibit E - Page 1 of 3
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
Grantee: Weld County
Project: 2021 Coverdell Training
DCJ Grant #: 2020- DN-21-4
Objective 1.2
Measurement
Timeframe
Have a DME examiner participate in the basic computer forensic certification course which would lead
to IACIS certification in computer forensics.
The Regional lab would register and have the DME examiner complete the IACIS Basic Computer
Forensic Certification course.
1. The class is identified in late 2021 or in early 2022.
2. Registration is made.
3. Individual attends the class.
4. Individual passes all practical exercise.
Register for the classes in late 2021 or in early 2022. Complete the training and then start the
certification process.
GOAL 2
Goal
Objective 2.1
Measurement
Timeframe
Objective 2.2
Measurement
Timeframe
Have one examiner from the lab attend and successfully pass ANAB internal Audit course.
Send one examiner to ISO 17025 assessor training to assist in the ANAB lab assessment in 2022.
Have one examiner register and attend an identified internal auditing course hosted by ANAB and
successfully complete the required testing to become an assessor.
1. The class is identified in late 2021 or in early 2022
2. Registration is made.
3. Individual attends the class.
4. Individual passes any exams.
To be completed by September 30, 2022.
Have one latent print examiner attend the IAI conference in 2022.
The conference is identified in late 2021 or in early 2022; registration is made: individual attends the
conference: individual passes any exams and brings the KSA back to the lab to apply to case work.
1. The class is identified in late 2021 or in early 2022
2. Registration is made.
3. Individual attends the class.
4. Individual passes any exams.
To be completed by September 30, 2022.
GOAL 3
Goal
Objective 3.1
Have examiners attend specific training /conferences to improve their KSAs and maintain certification
Have one latent print examiner attend the IAI conference in 2022.
The conference is identified in late 2021 or early 2022; registration is made: individual attends the
conference: individual passes any exams and brings the KSA back to the lab to apply to casework.
Exhibit E - Page 2 of 3
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
Grantee: Weld County
Project: 2021 Coverdell Training
DCJ Grant #: 2020- DN-21-4
Measurement 1. The class is identified in late 2021 or early 2022
2. Registration is made.
3. Individual attends the class.
4. Individual passes any exams.
Timeframe To be completed by September 30, 2022.
Objective 3.2 Have one firearms examiner attend the AFTE conference in 2022.
The conference is identified in late 2021 or early 2022; registration is made: individual attends the
conference: individual passes any exams and brings the KSA back to the lab to apply to case work.
Measurement 1. The class is identified in late 2021 or in early 2022
2. Registration is made.
3. Individual attends the class.
4. Individual passes any exams.
Timeframe To be completed by September 30, 2022.
Exhibit E - Page 3 of 3
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8O82-E408EF5D8382
Grantee: Weld County
Project: 2021 Coverdell Training
DCJ Grant #: 2020- DN-21-4
EXHIBIT F - BUDGET
Budget Summary Requested/Awarded
Grant Funds
Cash Match
In -Kind Match
Match Total
Project Total
Personnel
$0
$0
$0
$0
$0
Supplies & Operating
$7,560
$0
$0
$0
$7,560
Travel
$10,054
$0
$0
$0
$10,054
Equipment
$0
$0
$0
$0
$0
Consultants /Contracts
$0
$0
$0
$0
$0
Indirect
$0
$0
$0
$0
$0
Total
$17,614
$0
$0
$0
$17,614
Personnel: Budget & Budget Narrative Details
Position Title
Annual
Base
Salary
Annual
Base
Salary
To Be
Paid By
Grant
Funds
%To Be
Paid By
Grant
Funds
Annual
Fringe
Annual
Fringe To
Be Paid By
Grant
Funds
%To Be
Paid By
Grant
Funds
Total Annual
Base Salary+
Fringe
Total Base
Salary+
Fringe To
Be Paid By
Grant
Funds
OT -
Annual
Base
Salary
OT-
Annual
Base
Salary To
Be Paid
By Grant
Funds
OT -Annual
Fringe
OT -
Annual
Fringe
To Be
Paid By
Grant
Funds
Total To
Be Paid By
Grant
Funds
(including
overtime)
N/A
$0
$0
0%
$0
$0
0%
$0
$0
$0
$0
$0
$0
$0
Budget Narrative
and Justification:
Total Personnel
$0 I $0 I 0% I $0 I $0 I 0% I $0 I $0 I $0 I $0 I $0 I $0 I $0
Non -Personnel: Budget & Budget Narrative Details
Budget Item
Amount To Be Paid
By Grant Funds
Budget Narrative and Justification
SUPPLIES & OPERATING
IACIS Mobile Devices
$1,495
This training will properly equip our DME analyst to to extract and analyze the data from
cell phone submissions which are the bulk of digital media evidence submissions.
IACIS Computer Cert
$2,995
This computer forensic certification class is the first (mandatory) step in the process of
obtaining certification with IACIS.
ANAB DME
$1,195
This course allows the examiner to attend the ANAB internal auditing course which
allows for improved quality for the section.
ASCLD Leadership
$675
Allows one analyst to attend the ASCLD Leadership academy. This provides knowledge
and training for various leadership skills to one of the technical leaders in the latent print
section.
IAI Conference
$500
A latent analyst will use the conference and its many training opportunities to meet the
continuing education requirements necessary for her certifications.
AFTE
$700
The newest firearms examiner needs training in many areas and needs to become certified
in the discipline. This conference offers many training opportunities as well as assisting in
her preparation for certification.
Supplies & Operating Total
$7,560
Exhibit F - Page 1 of 2
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
Grantee: Weld County
Project: 2021 Coverdell Training
DCJ Grant #: 2020- DN-21-4
TRAVEL
IACIS Mobile Devices
$1,814
Air fare $350. Travel/parking $123 Per diem $ 429 (5 days x $66 plus travel days 2 x
$49.50 ) Hotel $912 ($152 x 6 nights)
IACIS Computer Cert
$3,415
Air fare $350. Travel/parking $198. Per diem $ 891 (12 days x $66 plus travel days 2 x
$49.50) Hotel $1976 ($152 x 13 nights)
ANAB DME
$1,551
Airfare $300 travel/parking $72 Per diem $429 (5 days x $66 plus travel days 2 x $49.50)
Hotel $750 ($125 x 6 nights)
ASCLD Leadership
$1,612
Airfare $300 Travel/parking $133 Per diem $429 (5 days x $66 plus travel days 2 x
$49.50) Hotel $750 ($125 x 6 nights)
IAI Conference
$1,662
Air fare $350. Travel/parking $ 133. Per diem $429 (5 days x $66 plus travel days 2 x
$49.50) Hotel $750 ($125 x 6 nights)
Travel Total
$10,054
EQUIPMENT
N/A
$0
Equipment Total
$0
CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES)
N/A
$0
Consultants/Contracts Total
$0
INDIRECT
N/A
$0
Indirect Total
$0
Total Non -Personnel
$17,614
Exhibit F - Page 2 of 2
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8O82-E408EF5D8382
2020 — Paul Coverdell Forensic Sciences Improvement Grant Program Special Conditions
2020 — Paul Coverdell Forensic Sciences Improvement Grant
Program Special Conditions
The following program specific requirements are imposed by the Federal sponsoring agency
concerning special requirements of law, program requirements, and other administrative
requirements. These requirements apply to this Agreement and must be passed on to subgrant
award recipients.
1. The grantee agrees to submit to DCJ for review and approval any curricula, training
materials, proposed publications, reports, or any other written materials that will be
published, including web -based materials and web site content, through funds from this grant
at least thirty (30) working days prior to the targeted dissemination date. Any written, visual,
or audio publications, with the exception of press releases, whether published at the grantee's
or government's expense, shall contain the following statements: "This project was supported
by Grant No. 2020-CD-BX-0009 awarded by the Bureau of Justice Assistance. The Bureau
of Justice Assistance is a component of the Department of Justice's Office of Justice
Programs, which also includes the Bureau of Justice Statistics, the National Institute of
Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of
Crime, and the SMART Office. Points of view or opinions in this document are those of the
author and do not necessarily represent the official position or policies of the U.S.
Department of Justice." The current edition of the DOJ Grants Financial Guide provides
guidance on allowable printing and publication activities.
2. The grantee shall transmit to the DCJ grant manager copies of all official award -related press
releases at least ten (10) working days prior to public release. Advance notice permits time
for coordination of release of information by DCJ where appropriate and to respond to press
or public inquiries.
3. Copyright; Data rights
The grantee acknowledges that OJP and DCJ reserves a royalty -free, non-exclusive, and
irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in
whole or in part, including in connection with derivative works), for Federal purposes: (1)
any work subject to copyright developed under an award or subaward (at any tier); and (2)
any rights of copyright to which a grantee or subrecipient (at any tier) purchases ownership
with Federal support.
The grantee acknowledges that OJP and DCJ has the right to (1) obtain, reproduce, publish,
or otherwise use the data first produced under any such award or subaward; and (2) authorize
others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data"
includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14
(Rights in Data - General).
It is the responsibility of the grantee (and of each subrecipient (at any tier), if applicable) to
ensure that the provisions of this condition are included in any subaward (at any tier) under
this award.
The grantee has the responsibility to obtain from subrecipients, contractors, and
subcontractors (if any) all rights and data necessary to fulfill the grantee's obligations to the
2020-CD-BX-0009
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DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
2020 — Paul Coverdell Forensic Sciences Improvement Grant Program Special Conditions
Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses
to accept terms affording the Government such rights, the grantee shall promptly bring such
refusal to the attention of the DCJ program manager for the award and not proceed with the
agreement in question without further authorization from DCJ.
4. Generally Accepted Laboratory Practices
A. Generally Accepted Laboratory Practices: The grantee shall ensure that any forensic
laboratory, forensic laboratory system, medical examiner's office, or coroner's office that
will receive any portion of the award uses generally accepted laboratory practices and
procedures as established by accrediting organizations or appropriate certifying bodies.
B. External Investigations: The grantee shall ensure that requirements associated with 34
U.S.C. section 10562(4) (which relate to processes in place to conduct independent
external investigations into allegations of serious negligence or misconduct by employees
or contractors) are satisfied with respect to any forensic laboratory system, medical
examiner's office, coroner's office, law enforcement storage facility, or medical facility in
the State that will receive a portion of the grant amount.
C. Accreditation: The grantee shall ensure that any forensic laboratory or forensic laboratory
system (not including any medical examiner's office or coroner's office) that will receive
any portion of the award either is accredited, or will use a portion of this award to prepare
and apply for accreditation by not more than two years from the award date of this award.
Additionally, with respect to accreditation, the grantee shall ensure that for any subaward
it makes under this award, it will require in a legally -binding and enforceable writing,
such as the subaward documentation (for example, subaward terms and conditions), that
its subrecipient: 1) if accredited, must continue to demonstrate such accreditation as a
condition of receiving or using the subaward funds; or, 2) if not accredited, must use the
subaward funds to prepare and apply for accreditation.
The Coverdell statute (see 34 U.S.C. section 10562(2)) and the Paul Coverdell Forensic
Science Improvement Grants Program solicitation state certain requirements and
guidance associated with proper accreditation and regarding what BJA will consider to be
acceptable documentation of accreditation. The grantee is to contact the DCJ grant
manager for clarification or guidance if it should have any question as to what constitutes
proper accreditation for the purposes of the Coverdell program. Award funds may not be
used under this award by a forensic laboratory or forensic laboratory system with
accreditation (or by such laboratory to obtain accreditation) that DCJ or BJA determines
not to be consistent with the Coverdell law and the solicitation or to be otherwise
deficient.
The grantee agrees to notify DCJ promptly upon any change in the accreditation status of
any forensic science laboratory or forensic laboratory system that receives funding under
this award.
5. Use of Funds; No Research
Funds provided under this award shall be used only for the purposes and types of expenses
set forth in the solicitation. Funds shall not be used for general law enforcement functions or
non -forensic investigatory functions, and shall not be used for research or statistical projects
or activities. Use of award funds for construction of new facilities is restricted by statute.
2020-CD-BX-0009
Page 2 of 5 10/01/2020
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E40SEF5D8382
2020 — Paul Coverdell Forensic Sciences Improvement Grant Program Special Conditions
Any questions concerning this provision should be directed to the DCJ grant manager prior to
incurring the expense or commencing the activity in question.
Performance Measures
To ensure compliance with the Government Performance and Results Act (Pub. L. No. 103-
62) and the GPRA Modernization Act of 2010 (Pub. L. No. 111-352), program performance
under this award is measured by the following: (1) percent reduction in the average number
of days from the submission of a sample to a forensic science laboratory to the delivery of
test results to a requesting office or agency (calculated by reporting the average number of
days to process a sample at the beginning of the grant period versus the average number of
days to process a sample at the end of the grant period); (2) percent reduction in the number
of backlogged forensic cases (calculated by reporting the number of backlogged forensic
cases at the beginning of the grant period versus the number of backlogged forensic cases at
the end of grant period), if applicable to the award; and (3) the number of forensic science or
medical examiner/coroner's office personnel who completed appropriate training or
educational opportunities with these Coverdell funds, if applicable to the award. Grantees are
required to collect and report data relevant to these measures.
6. Program Income
The grantee understands and agrees that gross income (revenues) from fees charged for
forensic science or medical examiner services constitutes program income (in whole or in
part), and that program income must be determined, used, and documented in accordance
with the provisions of 2 C.F.R. 200.307, including as applied in the Department of Justice
(DOJ) Grants Financial Guide, as it may be revised from time to time. The grantee further
understands and agrees that both program income earned during the award period and
expenditures of such program income must be reported on the quarterly Program Income
form (DCJ Form 1-B) and are subject to audit.
The grantee understands and agrees that program income earned during the award period
may be expended only for permissible uses of funds specifically identified in the solicitation
for the Paul Coverdell Forensic Science Improvement Grants Program. The grantee further
understands and agrees that program income earned during the award period may not be used
to supplant State or local government funds, but instead may be used only to increase the
amount of funds that would, in the absence of Federal funds or program income, be available
from State or local government sources for the permissible uses of funds listed in the
solicitation.
The grantee understands and agrees that program income that is earned during the final
ninety (90) days of the award period may, if appropriate, be obligated (as well as expended)
for permissible uses during the ninety -day (90 -day) period following the end of the award
period. The grantee further understands and agrees that any program income earned during
the award period that is not obligated and expended within ninety (90) days of the end of the
award period must be returned to DCJ.
7. Fees for forensic science or medical examiner services — Program Income Changes
The grantee understands and agrees that, throughout the award period, it must promptly
notify DCJ if it either starts or stops charging fees for forensic science or medical examiner
services, or if it revises its method of allocating fees received for such services to program
2020-CD-BX-0009
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DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
2020 — Paul Coverdell Forensic Sciences Improvement Grant Program Special Conditions
income. Notice must be provided in writing to the DCJ within ten (10) business days of
implementation of the change.
8. Financial Reports
Grantee agrees that it will submit quarterly financial reports to DCJ not later than 15 days
after the end of each calendar quarter. The final report shall be submitted not later than 45
days following the end of the award period.
9. Progress Reports/Narrative Reports
Grantee shall submit progress reports to DCJ within 15 days after the end of the reporting
periods, for the life of the award.
10. The grantee acknowledges that, as stated in the solicitation for the Paul Coverdell Forensic
Science Improvement Grants Program, BJA assumes that grantees (and subrecipients) of
Coverdell funds will make use of the process referenced in their certification as to external
investigations and will refer allegations of serious negligence or misconduct substantially
affecting the integrity of forensic results to government entities with an appropriate process
in place to conduct independent external investigations, such as the government entity (or
entities) identified in the grant application. The grantee shall submit the following
information as part of its final report: (1) the number and nature of any allegations of serious
negligence or misconduct substantially affecting the integrity of forensic results received
during the 12 -month period of the award; (2) information on the referrals of such allegations
(e.g., the government entity or entities to which referred, the date of referral); (3) the
outcome of such referrals (if known as of the date of the report); and (4) if any such
allegations were not referred, the reason(s) for the non -referral. Should the project period for
this award be extended, the grantee shall submit the above information as to the first twelve
months of the award as part of the first semi-annual progress report that comes due after the
conclusion of the first twelve months of the project period, and shall submit the required
information as to subsequent twelve-month periods every twelve months thereafter (as part of
a semi-annual progress report) until the close of the award period, at which point the grantee
shall submit the required information as to any period not covered by prior reports as part of
its final report. The grantee understands and agrees that funds may be withheld (including
funds under future awards), or other related requirements may be imposed, if the required
information is not submitted on a timely basis.
11. The recipient agrees to comply with all Federal, State, and local environmental laws and
regulations applicable to the development and implementation of the activities to be funded
under this award.
Environmental Assessment (EA): The activities the recipient has proposed to conduct under
this award fall within the scope of an NIJ Programmatic EA that complies with the National
Environmental Policy Act (NEPA). These activities have been determined not to have a
significant impact on the quality of the human environment.
Modifications: Throughout the term of this award, the recipient agrees that for any activity
that is the subject of a completed EA, it will inform NIJ of-- (1) any change(s) that it is
considering making to the previously assessed activity that may be relevant to environmental
impact; or (2) any proposed new activities or changed circumstances that may require
assessment as to environmental impact, such as new activities that involve the use of
2020-CD-BX-0009
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DocuSign Envelope ID: 80B8A97O-7DDB-47AD-8D82-E408EF5D8382
2020 — Paul Coverdell Forensic Sciences Improvement Grant Program Special Conditions
chemicals or involve construction or major renovation. The recipient will not implement a
proposed change or new activity until NIJ, with the assistance of the recipient, has
determined whether the proposed change or new activity (or changed circumstances) will
require additional review under NEPA. Approval for implementation will not be
unreasonably withheld as long as any requested modification(s) is consistent with eligible
program purposes and found acceptable under an NIJ-conducted environmental impact
review process.
2020-CD-BX-0009
Page 5 of 5 10/01/2020
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
Federal Awards issued from 2020 Federal Grant Funds
2020 FEDERAL REQUIREMENTS
1. Applicability 3
2. Recipient 3
3. Ensuring Compliance of Subgrantees (subrecipients) 3
4. General Conditions 3
A. Requirements of the award; incorporation by reference; remedies for non-compliance or for materially false
statements 3
B. Applicability of Part 200 Uniform Requirements 4
C. Compliance with DOJ Grants Financial Guide 4
D. Reclassification of various statutory provisions to a new Title 34 of the United States Code 4
E. Requirements related to "de minimis" indirect cost rate 5
F. Requirement to report potentially duplicative funding 5
G. Requirements related to System for Award Management and Universal Identifier Requirements/Unique
Entity Identifiers 5
H. Employment eligibility verification for hiring under the award 5
I. Requirement to report actual or imminent breach of personally identifiable information (PII) 7
J. All subawards ("subgrants") and contracts must have DCJ authorization 7
K. Specific post -award approval required to use a noncompetitive approach in any procurement contract 7
L. Unreasonable restrictions on competition under the award; association with federal government 7
M. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
requirements and OJP or OVW authority to terminate award) 8
N. Determination of suitability to interact with participating minors 11
O. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings,
trainings, and other events 15
P. Requirement for data on performance and effectiveness under the award 15
Q. Training Guiding Principles 15
R. Effect of failure to address audit issues 15
S. Potential imposition of additional requirements 16
T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 16
U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 16
V. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 16
W. Restrictions on "lobbying" and policy development 16
X. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2020) 17
Y. Reporting potential fraud, waste, and abuse, and similar misconduct 20
Z. Restrictions and certifications regarding non -disclosure agreements and related matters 20
AA. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) 21
BB. Encouragement of policies to ban text messaging while driving 22
CC. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency 22
DD. Right to examine documents 22
Page 1 of 28 10/21/2020
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8O82-E408EF5D8382
Federal Awards issued from 2020 Federal Grant Funds
EE. Maintaining contact information 22
FF. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal,
and administrative proceedings to SAM and FAPIIS 22
5. Financial Requirements 23
A. Non -supplanting of State and local funds 23
B. Awards in excess of $5,000,000 - Certification related to federal taxes 23
C. Misuse of award funds 23
D. Limitation on use of funds to approved activities 23
E. Consultant compensation rates 23
F. Employee compensation 24
6. Civil rights requirements associated with DOJ awards 24
A. Civil rights laws and nondiscrimination provisions 24
B. Civil rights compliance: Access to services and benefits by individuals with limited English proficiency 25
C. Complying with the Safe Streets Act 26
D. Meeting the EEOP Requirement 26
E. Ensuring the Compliance of Subrecipients/Subgrantees 26
F. Certification 26
7. Recipients of OVW grant dollars ONLY 26
A. Availability of general terms and conditions on OVW website 26
B. Compliance with statutory and regulatory requirements 26
C. VAWA 2013 nondiscrimination condition 27
D. Confidentiality and information sharing 27
E. Activities that compromise victim safety and recovery and undermine offender accountability 27
F. Policy for response to workplace -related incidents of sexual misconduct, domestic violence, and dating
violence — NEW 2020 27
G. Termination or suspension for cause 28
Page 2 of 28 10/21/2020
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
Federal Awards issued from 2020 Federal Grant Funds
1. APPLICABILITY
The Division of Criminal Justice (DCJ) issues federal grants from two Department of Justice
(DOJ) offices: the Office of Justice Programs (OJP) and the Office on Violence Against Women
(OVW). All awards conditions set out below apply to both OJP and OVW funded grants, with
the exception of the conditions labelled as: "Recipients of OVW grant dollars only" which only
apply to OVW funded awards.
References to the DOJ apply to both OJP and OVW funded grants.
Individual awards will also include special conditions. Those additional conditions may relate to
the particular statute, program, or solicitation under which the award is made; to the substance of
the funded application; to the subrecipient's performance under other federal awards; to the
subrecipient's legal status (e.g., as a for-profit entity); or to other pertinent considerations.
2. RECIPIENT
For the purposes of this document, the term "recipient" refers to the Legal Entity Name listed on
the Division of Criminal Justice (DCJ) Grant Award Document issued to a grantee receiving
federal grants funds from DCJ. The term Recipient and Grantee are used interchangeable within
this Exhibit.
3. ENSURING COMPLIANCE OF SUBGRANTEES (SUBRECIPIENTS)
Grantee is responsible for notifying any subgrantee (subrecipient), issued under this grant, of all
provisions herein. Grantee is responsible for monitoring any subgrantee (subrecipient) for
compliance all the provisions herein.
4. GENERAL CONDITIONS
A. Requirements of the award; incorporation by reference; remedies for non-
compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any
assurances or certifications submitted by or on behalf of the recipient that relate to conduct
during the period of performance also is a material requirement of this award.
Failure to comply with any one or more of these award requirements -- whether a condition
set out in full below, a condition incorporated by reference below, or a certification or
assurance related to conduct during the award period -- may result in the Division of
Criminal Justice (DCJ) and/or Office of Justice Programs ("OJP") or Office on Violence
Against Women ("OVW") taking appropriate action with respect to the recipient and the
award. Among other things, the DCJ and/or Department of Justice "DOJ" may withhold
award funds, disallow costs, or suspend or terminate the award. DCJ and DOJ, including
OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to
this award (or concealment or omission of a material fact) may be the subject of criminal
prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273),
and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable
by its terms, that provision shall first be applied with a limited construction so as to give it
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the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -
unenforceable, such provision shall be deemed severable from this award.
B. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2
C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the
"Part 200 Uniform Requirements") apply to this award.
For more information and resources on the Part 200 Uniform Requirements as they relate
to DOJ awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any
subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from
the date of submission of the final financial report (DCJ Form 1-A), unless a different
retention period applies -- and to which the recipient (and any subrecipient ("subgrantee")
at any tier) must provide access, include performance measurement information, in
addition to the financial records, supporting documents, statistical records, and other
pertinent records indicated at 2 C.F.R. 200.333.
Agency review: The Grantee also agrees that all financial records pertinent to this award,
including the general accounting ledger and all supporting documents, are subject to
agency review throughout the life of the award, during the close-out process, and for three
years after submission of the final Financial Report (DCJ Form 1A) or as long as the
records are retained, whichever is longer, pursuant to 2 C.F.R. 200.333, 200.336.
In the event that an award -related question arises from documents or other materials
prepared or distributed by DOJ that may appear to conflict with, or differ in some way
from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact DCJ
promptly for clarification.
C. Compliance with DOJ Grants Financial Guide
The recipient agrees to comply with the current edition of the DOJ Grants Financial Guide
as posted on the OVW website, including any updated version that may be posted during
the period of performance. References to the DOJ Grants Financial Guide are to the DOJ
Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial
Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated
version that may be posted during the period of performance.
D. Reclassification of various statutory provisions to a new Title 34 of the United States
Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the
U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34,
entitled "Crime Control and Law Enforcement." The reclassification encompassed a
number of statutory provisions pertinent to DOJ awards (that is, DOJ grants and
cooperative agreements), including many provisions previously codified in Title 42 of the
U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory
provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a
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reference to that statutory provision as reclassified to Title 34. This rule of construction
specifically includes references set out in award conditions, references set out in material
incorporated by reference through award conditions, and references set out in other award
requirements.
E. Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable
law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that
elects to use the "de minimis" indirect cost rate must comply with all associated
requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied
only to modified total direct costs (MTDC) as defined by the Part 200 Uniform
Requirements
F. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient
receives any other award of federal funds during the period of performance for this award,
the recipient promptly must determine whether funds from any of those other federal
awards have been, are being, or are to be used (in whole or in part) for one or more of the
identical cost items for which funds are provided under this award. If so, the recipient must
promptly notify DCJ in writing of the potential duplication, and, if so requested by DCJ,
must seek a budget -modification and change -of -project to eliminate any inappropriate
duplication of funding.
G. Requirements related to System for Award Management and Universal Identifier
Requirements/Unique Entity Identifiers
The recipient must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at https://www.sam.gov/SAM/. This includes
applicable requirements regarding registration with SAM, as well as maintaining the
currency of information in SAM.
DCJ must comply with applicable restrictions on subawards Grantees, including
restrictions on subawards to entities that do not acquire and provide (to the recipient) the
unique entity identifier required for SAM registration.
The details of DCJ's obligations related to SAM and to unique entity identifiers are posted
on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:
System for Award Management (SAM) and Universal Identifier Requirements), and are
incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a
natural person (i.e., unrelated to any business or non-profit organization that he or she may
own or operate in his or her name).
H. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must —
a. Ensure that, as part of the hiring process for any position within the United States
that is or will be funded (in whole or in part) with award funds, the recipient (or
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any subrecipient) properly verifies the employment eligibility of the individual who
is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2).
b. Notify all persons associated with the recipient (or any subrecipient) who are or
will be involved in activities under this award of both —
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally
speaking, make it unlawful, in the United States, to hire (or recruit for
employment) certain aliens.
c. Provide training (to the extent necessary) to those persons required by this
condition to be notified of the award requirement for employment eligibility
verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2).
d. As part of the recordkeeping for the award (including pursuant to the Part 200
Uniform Requirements), maintain records of all employment eligibility
verifications pertinent to compliance with this award condition in accordance with
Form I-9 record retention requirements, as well as records of all pertinent
notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient
compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program,
award funds may be obligated for the reasonable, necessary, and allocable costs (if
any) of actions designed to ensure compliance with this condition.
4. Rules of construction
a. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities
under this award" specifically includes (without limitation) any and all recipient (or
any subrecipient) officials or other staff who are or will be involved in the hiring
process with respect to a position that is or will be funded (in whole or in part) with
award funds.
b. Employment eligibility confirmation with E -Verify
For purposes of satisfying the requirement of this condition regarding verification
of employment eligibility, the recipient (or any subrecipient) may choose to
participate in, and use, E -Verify (www.everify.gov), provided an appropriate
person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify
(and follows the proper E -Verify procedures, including in the event of a "Tentative
Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility
for each hiring for a position in the United States that is or will be funded (in whole
or in part) with award funds.
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c. "United States" specifically includes the District of Columbia, Puerto Rico, Guam,
the Virgin Islands of the United States, and the Commonwealth of the Northern
Mariana Islands.
d. Nothing in this condition shall be understood to authorize or require any recipient,
any subrecipient at any tier, or any person or other entity, to violate any federal law,
including any applicable civil rights or nondiscrimination law.
e. Nothing in this condition, including in paragraph 4.B., shall be understood to
relieve any recipient, any subrecipient at any tier, or any person or other entity, of
any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2).
Questions about E -Verify should be directed to DHS. For more information about E -Verify
visit the E -Verify website (https://www.e-verify.gov/) or email E -Verify at E-
Verify@dhs.gov. E -Verify employer agents can email E -Verify at E-
VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to DCJ, before
award acceptance.
I. Requirement to report actual or imminent breach of personally identifiable
information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to
respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a
subrecipient)--(1) creates, collects, uses, processes, stores, maintains, disseminates,
discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within
the scope of a DOJ grant -funded program or activity, or (2) uses or operates a "Federal
information system" (OMB Circular A-130). The recipient's breach procedures must
include a requirement to report actual or imminent breach of PII to DCJ no later than 24
hours after an occurrence of an actual breach, or the detection of an imminent breach.
J. All subawards ("subgrants") and contracts must have DCJ authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must receive approval from
DCJ prior to issuing a subaward or a procurement contract under this award.
K. Specific post -award approval required to use a noncompetitive approach in any
procurement contract
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements to obtain specific advance approval to use a noncompetitive
approach in any procurement contract. This condition applies to agreements that -- for
purposes of federal grants administrative requirements — OJP or OVW considers a
procurement "contract" (and therefore does not consider a subaward).
L. Unreasonable restrictions on competition under the award; association with federal
government
SCOPE. This condition applies with respect to any procurement of property or services
that is funded (in whole or in part) by this award, whether by the recipient or by any
subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition,
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the method of procurement, or the nature of any legal instrument used. The provisions of
this condition must be among those included in any subaward (at any tier).
1. No discrimination, in procurement transactions, against associates of the federal
government
Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2
C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so
as to ensure that Federal funding is expended and associated programs are implemented
in full accordance with U.S. statutory and public policy requirements") and 200.319(a)
(generally requiring "[a]ll procurement transactions [to] be conducted in a manner
providing full and open competition" and forbidding practices "restrictive of
competition," such as "[p]lacing unreasonable requirements on firms in order for them
to qualify to do business" and taking "[a]ny arbitrary action in the procurement
process") -- no recipient (or subrecipient,at any tier) may (in any procurement
transaction) discriminate against any person or entity on the basis of such person or
entity's status as an "associate of the federal government" (or on the basis of such
person or entity's status as a parent, affiliate, or subsidiary of such an associate), except
as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient
compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program,
award funds may be obligated for the reasonable, necessary, and allocable costs (if
any) of actions designed to ensure compliance with this condition.
4. Rules of construction
a. The term "associate of the federal government" means any person or entity engaged
or employed (in the past or at present) by or on behalf of the federal government --
as an employee, contractor or subcontractor (at any tier), grant recipient or -
subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or
activity for or on behalf of (or in providing goods or services to or on behalf of) the
federal government, and includes any applicant for such employment or
engagement, and any person or entity committed by legal instrument to undertake
any such work, project, or activity (or to provide such goods or services) in future.
b. Nothing in this condition shall be understood to authorize or require any recipient,
any subrecipient at any tier, or any person or other entity, to violate any federal law,
including any applicable civil rights or nondiscrimination law.
M. Requirements pertaining to prohibited conduct related to trafficking in persons
(including reporting requirements and OJP or OVW authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements (including requirements to report allegations) pertaining to
prohibited conduct related to the trafficking of persons, whether on the part of recipients,
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subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as
"employees" of the recipient or of any subrecipient.
1. Section A. Provisions applicable to a recipient that is a private entity
a. During the period of time that this award is in effect, the recipient, the recipient's
employees, any subrecipient ("subgrantee"), and the employees of any subrecipient
may not engage in --
(1) Severe forms of trafficking in persons;
(2) Procurement of a commercial sex act;
(3) Use of forced labor in the performance of the award or any subaward
("subgrant") under the award;
(4) Acts that directly support or advance trafficking in persons, including acts such
as:
(a) Denying an employee access to the employee's own identity or immigration
documents (including by destroying or confiscating such documents);
(b) Without legally -sufficient justification as determined by OJP or OVW,
failing to provide (or pay for) return transportation to an employee to the
country from which the employee was recruited (if other than the United
States), if the employee requests such return transportation upon the end of
employment;
(c) Using materially false or fraudulent pretenses, representations, or promises
regarding the employment to solicit a person for employment, or in an offer of
employment;
(d) Charging recruited employees placement or recruitment fees; or
(e) Providing or arranging housing that fails to meet the host country (e.g., the
United States) housing and safety standards.
b. OJP or OVW as the federal awarding agency may unilaterally terminate this award,
without penalty, if the agency official authorized to terminate the award determines
that the recipient or a subrecipient ("subgrant") that is a private entity --
(1) Violated a prohibition in section l.a of this award condition; or
(2) Has an employee who violated a prohibition in section l.a of this award
condition through conduct that is either --
(a) Associated with performance under this award; or
(b) Imputed to the recipient or the subrecipient ("subgrantee") using the
standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 C.F.R. Part 180, "OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement),"
as implemented by DOJ at 2 C.F.R. Part 2867.
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2. Section B. Provisions applicable to a recipient other than a private entity
a. During the period of time that the award is in effect, any subrecipient
("subgrantee") that is a private entity, and the employees of any subrecipient that is
a private entity, may not engage in --
(1) Severe forms of trafficking in persons;
(2) Procurement of a commercial sex act;
(3) Use of forced labor in the performance of the award or any subaward
("subgrant") under the award;
(4) Acts that directly support or advance trafficking in persons, including acts such
as:
(a) Denying an employee access to the employee's own identity or immigration
documents (including by destroying or confiscating such documents);
(b) Without legally -sufficient justification as determined by OVW or OJP,
failing to provide (or pay for) return transportation to an employee to the
country from which the employee was recruited (if other than the United
States), if the employee requests such return transportation upon the end of
employment;
(c) Using materially false or fraudulent pretenses, representations, or promises
regarding the employment to solicit a person for employment, or in an offer of
employment;
(d) Charging recruited employees placement or recruitment fees; or
(e) Providing or arranging housing that fails to meet the host country (e.g., the
United States) housing and safety standards.
b. OJP or OVW as the federal awarding agency may unilaterally terminate this award,
without penalty, if the agency official authorized to terminate the award determines
that a subrecipient ("subgrantee") under this award that is a private entity --
(1) Violated a prohibition in section 2.a of this award condition; or
(2) Has an employee who violated a prohibition in section 2.a of this award
condition through conduct that is either --
(a) Associated with performance under this award; or
(b) Imputed to the subrecipient ("subgrantee") using the standards and due
process for imputing the conduct of an individual to an organization that are
provided in 2 C.F.R. Part 180, "OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by DOJ at 2 C.F.R. Part 2867.
3. Section C. Provisions applicable to all recipient and subrecipients
a. The recipient must inform DCJ promptly, and without delay, of any information the
recipient receives from any source alleging a violation of a prohibition in section
l.a or 2.a of this award condition.
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b. OJP or OVW's authority to terminate this award unilaterally (without penalty),
described in section 1.b and 2.b of this award condition:
(1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA) (22 U.S.C. 7104(g)), and
(2) Is in addition to any and all other remedies for noncompliance that are
available to OJP or OVW with respect to this award, whether under the TVPA
(see, e.g., 22 U.S.C. 7104b) or other applicable law.
c. The recipient must include and incorporate all applicable provisions of this award
condition in any subaward ("subgrant") the recipient makes to a private entity.
4. Section D. Definitions.
For purposes of this award condition:
a. "Employee" means either:
(1) An individual employed by the recipient or by a subrecipient ("subgrantee")
who is engaged in the performance of the project or program under this award; or
(2) Another person engaged in the performance of the project or program under
this award, whether or not compensated with award funds, including, but not
limited to, a volunteer, an individual whose services are contributed by a third
party as an in -kind contribution toward cost sharing or matching requirements, or
an agent (including a labor recruiter or broker).
b. "Forced labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for labor
or services, through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery.
c. "Private entity":
(1) Means any entity other than a State, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 C.F.R. 175.25.
(2) Includes:
(a) A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in the
definition of Indian tribe at 2 C.F.R. 175.25(b).
(b) A for-profit organization.
d. "Severe forms of trafficking in persons," "commercial sex act," and "coercion"
have the meanings given at section 103 of the TVPA (22 U.S.C. 7102).
N. Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated that a purpose of some or all
of the activities to be carried out under the award (whether by the recipient, or a
subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
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The recipient, and any subrecipient at any tier, must make determinations of suitability
before certain individuals may interact with participating minors. This requirement applies
regardless of an individual's employment status.
1. Advance determination regarding suitability. The recipient (and any subrecipient at any
tier) may not permit any covered individual to interact with any participating minor in
the course of activities under the award, unless the recipient or subrecipient first has
made a written determination of the suitability of that individual to interact with
participating minors, based on current and appropriate information as described in
paragraph 3.e., and taking into account the factors and considerations described in
paragraph 4.
2. Updates and reexaminations
a. The recipient (or subrecipient) must, at least every five years, update the searches
described in paragraph 3.e.1. and 2., reexamine the covered individual's suitability
determination in light of those search results, and, if appropriate, modify or
withdraw that determination.
b. The recipient also must reexamine a covered individual's suitability determination
upon learning of information that reasonably may suggest unsuitability and, if
appropriate, modify or withdraw that determination.
3. Definitions
a. "Covered individual" means any individual (other than a participating minor, as
defined in this condition, or a client of the recipient (or subrecipient)) who is
expected, or reasonably likely, to interact with any participating minor (other than
the individual's own minor children). A covered individual need not have any
particular employment status or legal relationship with the recipient (or
subrecipient). Such an individual might be an employee of a recipient (or
subrecipient), but also might be (for example) a consultant, contractor, employee of
a contractor, trainee, volunteer, or teacher.
b. "Participating minor." All individuals under 18 years of age within the set of
individuals described in the scope section of this condition as it appears on the
award document are participating minors.
c. "Interaction" includes physical contact, oral and written communication, and the
transmission of images and sound, and may be in person or by electronic (or
similar) means. But "interaction" does not include --
(1) brief contact that is both unexpected by the recipient (or subrecipient) and
unintentional on the part of the covered individual -- such as might occur when a
postal carrier delivers mail to an administrative office.
(2) personally -accompanied contact -- that is, infrequent or occasional contact (for
example, by someone who comes to make a presentation) in the presence of an
accompanying adult, pursuant to written policies and procedures of the recipient
(or subrecipient) that are designed to ensure that -- throughout the contact -- an
appropriate adult who has been determined to be suitable pursuant to this condition
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will closely and personally accompany, and remain continuously within view and
earshot of, the covered individual.
d. "Activities under the award." Whether paid for with federal funds from the award,
"matching" funds included in the approved budget for the award, or "program
income" for the award as defined by the Part 200 Uniform Requirements, activities
under the award include both --
(1) activities carried out under the award by the recipient (or subrecipient); and
(2) actions taken by an entity or individual pursuant to a procurement contract
under the award or to a procurement contract under a subaward at any tier.
e. "Current and appropriate information"
In addition to information resulting from checks or screening required by
applicable federal, state, tribal, or local law, and/or by the recipient's (or
subrecipient's) written policies and procedures, current and appropriate information
includes the results of all required searches listed below, each of which must be
completed no earlier than six months before the determination regarding suitability.
(1) Public sex offender and child abuse websites/registries
A search (by current name, and, if applicable, by previous name(s) or aliases),
of the pertinent and reasonably- accessible federal, state, and (if applicable)
local and tribal sex offender and child abuse websites/public registries,
including --
(a) the Dru Sjodin National Sex Offender Public Website (www.nsopw.gov);
(b) the website/public registry for each state (and/or tribe, if applicable) in
which the individual lives, works, or goes to school, or has lived, worked,
or gone to school at any time during the past five years; and
(c) the website/public registry for each state (and/or tribe, if applicable) in
which the individual is expected to, or reasonably likely to, interact with a
participating minor in the course of activities under the award.
(2) Criminal history registries and similar repositories of criminal history records
For each individual at least 18 years of age who is a covered individual under
this award, a fingerprint search (or, if the recipient or subrecipient documents
that a fingerprint search is not legally available, a name -based search, using
current and, if applicable, previous names and aliases) -- encompassing at least
the time period beginning five calendar years preceding the date of the search
request -- of pertinent state (and, if applicable, local and tribal) criminal history
registries or similar repositories, including --
(a) the criminal history registry for each state in which the individual lives,
works, or goes to school, or has lived, worked, or gone to school at any
time during the past five years; and
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(b) the criminal history registry for each state in which he or she is expected
to, or reasonably likely to, interact with a participating minor in the course
of activities under the award.
4. Factors and considerations in determinations regarding suitability
In addition to the factors and considerations that must or may be considered under
applicable federal, state, tribal, or local law, and under the recipient's (or subrecipient's)
written policies and procedures, in making a determination regarding suitability, the
recipient (or subrecipient) must consider the current and appropriate information
described in paragraph 3.e.
In particular (unless applicable law precludes it), with respect to either an initial
determination of suitability or a subsequent reexamination, the recipient (or
subrecipient) may not determine that a covered individual is suitable to interact with
participating minors in the course of activities under the award if the covered
individual --
a. Withholds consent to a criminal history search required by this condition;
b. Knowingly makes (or made) a false statement that affects, or is intended to affect,
any search required by this condition;
c. Is listed as a registered sex offender on the Dru Sjodin National Sex Offender
Public Website;
d. To the knowledge of the recipient (or subrecipient), has been convicted -- whether
as a felony or misdemeanor -- under federal, state, tribal, or local law of any of the
following crimes (or any substantially equivalent criminal offense, regardless of the
specific words by which it may be identified in law):
(1) sexual or physical abuse, neglect, or endangerment of an individual under the
age of 18 at the time of the offense;
(2) rape/sexual assault, including conspiracy to commit rape/sexual assault;
(3) sexual exploitation, such as through child pornography or sex trafficking;
(4) kidnapping;
(5) voyeurism; or
e. Is determined by a federal, state, tribal, or local government agency not to be
suitable.
5. Administration; rule of construction
a. The requirements of this condition are among those that must be included in any
subaward (at any tier), and must be monitored. They apply as of the date of
acceptance of this award, and throughout the remainder of the period of
performance.
b. The recipient is to contact the DOJ awarding agency with any questions regarding
the requirements of this condition and must not allow a covered individual to
interact with a participating minor until such questions are answered.
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c. Award funds may be obligated for the reasonable, necessary, and allocable costs (if
any) of actions designed to ensure compliance with this condition, provided that
such funds would not supplant non-federal funds that would otherwise be available
for such costs.
d. Nothing in this condition shall be understood to authorize or require any recipient,
any subrecipient at any tier, or any person or other entity, to violate any federal,
state, tribal, or local law, including any applicable civil rights or nondiscrimination
law.
O. Compliance with applicable rules regarding approval, planning, and reporting of
conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable laws, regulations, policies, and official DOJ guidance (including specific cost
limits, prior approval and reporting requirements, where applicable) governing the use of
federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of
attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this
award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward
Requirements" in the "DOJ Grants Financial Guide").
Recipients of OVW grant dollars only: Additional information on the pertinent to this
award appears on the OVW website at https://www.justice.gov/ovw/conference-planning.
P. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and
effectiveness of work under this award. The data must be provided to DCJ and/or DOJ in
the manner (including within the timeframes) specified by DCJ in the program solicitation
or other applicable written guidance. Data collection supports compliance with the
Government Performance and Results Act (GPRA) and the GPRA Modernization Act of
2010, and other applicable laws.
Q. Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at
any tier -- develops or delivers with DOJ award funds must adhere to the OJP Training
Guiding Principles for Grantees and Subgrantees, available at
https://oip.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm , or the
OVW Training Guiding Principles for Grantees and Subgrantees, available at
https://www justice.gov/ovw/resources-and-faqs-grantees#Discretionary.
R. Effect of failure to address audit issues
The recipient understands and agrees that the DCJ or the DOJ awarding agency (OJP or
OVW, as appropriate) may withhold award funds, or may impose other related
requirements, if (as determined by the DCJ or DOJ awarding agency) the recipient does
not satisfactorily and promptly address outstanding issues from audits required by the Part
200 Uniform Requirements (or by the terms of this award), or other outstanding issues that
arise in connection with audits, investigations, or reviews of DOJ awards.
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S. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by
the DCJ during the period of performance for this award, if the recipient is designated as
"high -risk" for purposes of the DCJ high -risk grantee list.
T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -
28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 42, specifically including any applicable
requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment
opportunity program.
U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -
28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the
basis of sex in certain "education programs."
V. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -
28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time),
specifically including any applicable requirements regarding written notice to program
beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms
of discrimination on the basis of religion, a religious belief, a refusal to hold a religious
belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets
out rules and requirements that pertain to recipient and subrecipient ("subgrantee")
organizations that engage in or conduct explicitly religious activities, as well as rules and
requirements that pertain to recipients and subrecipients that are faith -based or religious
organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to
Title 28 -Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
W.Restrictions on "lobbying" and policy development
In general, as a matter of federal law, federal funds awarded by DOJ may not be used by
the grantee, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to
support or oppose the enactment, repeal, modification, or adoption of any law, regulation,
or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an
applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Recipients of OVW grant dollars only:
The recipient, or any subrecipient ("subgrantee") may, however, use federal funds to
collaborate with and provide information to federal, state, local, tribal and territorial
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public officials and agencies to develop and implement policies and develop and
promote state, local, or tribal legislation or model codes designed to reduce or
eliminate domestic violence, dating violence, sexual assault, and stalking (as those
terms are defined in 34 U.S.C. § 12291(a)) when such collaboration and provision of
information is consistent with the activities otherwise authorized under this grant
program.
Another federal law generally prohibits federal funds awarded by DOJ from being used by
the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to
influence) a federal agency, a Member of Congress, or Congress (or an official or
employee of any of them) with respect to the awarding of a federal grant or cooperative
agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as
renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain
exceptions to this law apply, including an exception that applies to Indian tribes and tribal
organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or
subrecipient) would or might fall within the scope of these prohibitions, the recipient is to
contact DCJ for guidance, and may not proceed without the express prior written approval
of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate).
X. Compliance with general appropriations -law restrictions on the use of federal funds
(FY 2020)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable restrictions on the use of federal funds set out in federal appropriations statutes.
Pertinent restrictions, including from various "general provisions" in the Consolidated
Appropriations Act, 2020, are set out below, and are incorporated by reference here.
Background. The federal appropriations statutes that provide (among many other things)
the funds that OJP awards in its grants and cooperative agreements include various
restrictions on how the federal appropriated funds may be used. These restrictions, which
often appear in sets of "General Provisions," typically do not relate to a particular program,
or even to a particular agency such as OJP or OVW. Rather, they are wide-ranging, "cross-
cutting" restrictions.
Award Condition: Each recipient of a DOJ award made with FY 2020 funds, and any
subrecipient ("subgrantee") at any tier under a DOJ award made with FY 2020 funds, must
comply with all applicable restrictions, as set out below.
Should a question arise as to whether a particular use of federal funds by a recipient (or a
subrecipient) would or might fall within the scope of an appropriations -law restriction, the
recipient is to contact DCJ for guidance, and may not proceed without the express prior
written approval of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate).
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1. Restrictions applicable to all federal funds awarded with FY 2020 funds
a. Publicity or propaganda. Federal funds are not legally available, and may not be
used (whether directly or indirectly, including by private contractors), for publicity
or propaganda purposes not authorized by the Congress.
b. Certain employee trainings. Federal funds are not legally available, and may not be
used, for any employee training that --
(1) does not meet identified needs for knowledge, skills, and abilities bearing
directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional response or
psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be
used in the training and written end -of -course evaluation;
(4) contains any methods or content associated with religious or quasi -religious
belief systems or "new age" belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants' personal values or lifestyle
outside the workplace.
Nothing in this provision prohibits, restricts, or otherwise precludes an agency
from conducting training bearing directly upon the performance of official duties.
c. Nondisclosure policies, forms, and agreements.
(1) General rule - Federal funds are not legally available, and may not be used, to
implement or enforce any nondisclosure policy, form, or agreement, if such policy,
form, or agreement does not contain the following provisions:
" These provisions are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or liabilities created by
existing [federal] statute or Executive order relating to: (1) classified
information; (2) communications to Congress; (3) the reporting to an Inspector
General of a violation of any law, rule, or regulation, or mismanagement, a
gross waste of funds, an abuse of authority, or a substantial and specific danger
to public health or safety; or (4) any other whistleblower protection. The
definitions, requirements, obligations, rights, sanctions, and liabilities created
by controlling Executive orders and [federal] statutory provisions are
incorporated into this agreement and are controlling."
Notwithstanding the above provision, a nondisclosure policy, form, or agreement
that is to be executed by a person connected with the conduct of an intelligence or
intelligence -related activity, other than an employee or officer of the United States
Government, may contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information received in the
course of such activity unless specifically authorized to do so by the United States
Government. Such nondisclosure forms shall also make it clear that they do not
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bar disclosures to Congress, or to an authorized official of an executive agency or
the United States Department of Justice, that are essential to reporting a
substantial violation of law.
(2) Certain exceptions. Under certain circumstances, a nondisclosure agreement
that does not contain the provisions set out in subsection (a) above nevertheless
may continue to be implemented and enforced. Should a question arise as to
whether an exception to the general rule set out in subsection (a) may be available
for a particular nondisclosure agreement, the recipient is to contact DCJ for
guidance, and the recipient may not use federal funds to implement, continue to
implement, or enforce the nondisclosure agreement without the express prior
written approval of DCJ
d. ACORN and related organizations. Absent express prior written approval from
DCJ, federal funds may not be provided to the Association of Community
Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries,
allied organizations, or successors.
2. Restrictions applicable only to certain federal funds under DOJ awards made in FY
2020
a. Nondiscrimination in programs involving students. Funds appropriated under the
Department of Justice Appropriations Act, 2019, and awarded by OJP are not
legally available, and may not be used, to discriminate against or denigrate the
religious or moral beliefs of students who participate in programs for which
financial assistance is provided from those funds, or those of their parents or legal
guardians.
b. Blocking of pornography on computer networks. Funds appropriated under the
Department of Justice Appropriations Act, 2019, and awarded by OJP are not
legally available, and may not be used, to maintain or establish a computer
network unless such network blocks the viewing, downloading, and exchanging of
pornography.
Nothing in this provision limits the use of funds necessary for any federal, State, tribal,
or local law enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication, or other law enforcement- or victim
assistance -related activity.
(This provision also applies to any DOJ award of other funds appropriated under the
Commerce, Justice, Science, and Related Agencies Appropriations Act, 2019.)
3. Award or incentive fees to contractors. Funds appropriated under the Department of
Justice Appropriations Act, 2019, and awarded by OJP are not legally available, and
may not be used, to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or for performance that does not
meet the basic requirements of a contract. (This restriction also applies to any OJP
award of other funds appropriated under the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2019.)
4. Use of funds in connection with abortion. Funds appropriated under the Department
of Justice Appropriations Act, 2019, and awarded by OJP are not legally available, and
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may not be used-- (1) to pay for an abortion, except where the life of the mother would
be endangered if the fetus were carried to term, or in the case of rape or incest; or (2)
to require any person to perform, or facilitate in any way the performance of, any
abortion.
5. "Pay -to -stay" at local jails. Funds appropriated to the Department of Justice through
an annual appropriations statute and awarded by OJP are not legally available to, and
may not be provided to, any local jail that runs a "pay -to -stay" program. (Monies in
the Crime Victims Fund are not appropriated through an annual appropriations
statute.)
Y. Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office
of the Inspector General (OIG) any credible evidence that a principal, employee, agent,
subrecipient, contractor, subcontractor, or other person has, in connection with funds under
this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,
or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award
should be reported to the OIG by --(1) online submission accessible via the OIG webpage
at haps://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2)
mail directed to: U.S. Department of Justice, Office of the Inspector General,
Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW,
Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations
Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at
http://www.usdoj.gov/oig.
Z. Restrictions and certifications regarding non -disclosure agreements and related
matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a
procurement contract or subcontract with any funds under this award, may require any
employee or contractor to sign an internal confidentiality agreement or statement that
prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement
representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this
award, to contravene requirements applicable to Standard Form 312 (which relates to
classified information), Form 4414 (which relates to sensitive compartmented
information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the recipient —
a. represents that it neither requires nor has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit or
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otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees
or contractors to execute agreements or statements that prohibit or otherwise
restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as
described above, it will immediately stop any further obligations of award funds,
will provide prompt written notification to the federal agency making this award,
and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"),
procurement contracts, or both --
a. it represents that --
(1) it has determined that no other entity that the recipient's application proposes
may or will receive award funds (whether through a subaward ("subgrant"),
procurement contract, or subcontract under a procurement contract) either requires
or has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to
prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse
as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to
support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or
subcontractor entity that receives funds under this award is or has been requiring
its employees or contractors to execute agreements or statements that prohibit or
otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or
abuse as described above, it will immediately stop any further obligations of award
funds to or by that entity, will provide prompt written notification to the federal
agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
AA. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to
employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all
applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit,
under specified circumstances, discrimination against an employee as reprisal for the
employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native
language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this
award, the grantee is to contact the DCJ for guidance.
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BB. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and
subrecipients ("subgrantees") to adopt and enforce policies banning employees from text
messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and
other outreach to decrease crashes caused by distracted drivers.
CC. Requirement to disclose whether recipient is designated "high risk" by a federal
grant -making agency
If the recipient is designated "high risk" by a federal grant -making agency, currently or at
any time during the course of the period of performance under this award, the recipient
must disclose that fact and certain related information to DCJ. For purposes of this
disclosure, high risk includes any status under which a federal awarding agency provides
additional oversight due to the recipient's past performance, or other programmatic or
financial concerns with the recipient. The recipient's disclosure must include the following:
1. The federal awarding agency that currently designates the recipient high risk, 2. The
date the recipient was designated high risk, 3. The high -risk point of contact at that federal
awarding agency (name, phone number, and email address), and 4. The reasons for the
high -risk status, as set out by the federal awarding agency
DD. Right to examine documents
The grantee, and any subrecipient ("subgrantee") at any tier, must authorize the DCJ or
DOJ awarding agency (OJP or OVW, as appropriate) and/or the Office of the Chief
Financial Officer (OCFO), and its representatives, access to and the right to examine all
records, books, paper, or documents related to this grant.
EE. Maintaining contact information
The grantee acknowledges that it is responsible for maintaining updated contact
information in the Grants Management System (GMS). To update information in GMS for
either the point of contact and/or the authorized representative, the grantee must submit a
Change in Project Officials (DCJ Form 4-B).
FF. Recipient integrity and performance matters: Requirement to report information
on certain civil, criminal, and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of
information on civil, criminal, and administrative proceedings connected with (or
connected to the performance of) either this DOJ award or any other grant, cooperative
agreement, or procurement contract from the federal government. Under certain
circumstances, recipients of DOJ awards are required to report information about such
proceedings, through the federal System for Award Management (known as "SAM"), to
the designated federal integrity and performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of
information on certain civil, criminal, and administrative proceedings to the federal
designated integrity and performance system (currently, "FAPIIS") within SAM are posted
on the OJP web site at https://ojp.gov/funding/FAPIIS.htm and OVW web site at:
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https://www.justice.gov/ovw/ award -conditions (Award Condition: Recipient Integrity and
Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by
reference here.
5. FINANCIAL REQUIREMENTS
A. Non -supplanting of State and local funds
Supplanting arises when a Recipient reduces State or local funds for an activity specifically
because federal funds are available (or are expected to be available) to fund that same
activity. Federal funds must be used to supplement existing State or local funds for
program activities, and may not replace (that is, may not "supplant") State or local funds
that have been appropriated or allocated for the same purpose. Additionally, federal
funding may not replace State or local funding that is required by law.
When supplanting is prohibited, potential supplanting will be the subject of DCJ
monitoring and audit. Should a question of supplanting arise, the grantee will be required
to substantiate that any reduction in non-federal resources occurred for reasons other than
the receipt or expected receipt of federal funds.
B. Awards in excess of $5,000,000 - Certification related to federal taxes
A recipient of an award in excess of $5,000,000 may be required to submit a particular
certification concerning filing of federal tax returns, criminal convictions under the Internal
Revenue Code, and unpaid federal tax assessments. In such cases, no award funds may be
used until DCJ receives a satisfactory certification.
C. Misuse of award funds
The recipient understands and agrees that misuse of award funds may result in a range of
penalties, including suspension of current and future funds, suspension or debarment from
federal grants, recoupment of monies provided under an award, and civil and/or criminal
penalties.
D. Limitation on use of funds to approved activities
The recipient agrees that grant funds will be used only for the purposes described in this
award. The grantee must not undertake any work or activities that are not described in this
award, and must not use staff, equipment, or other goods or services paid for with grant
funds for such work or activities, without prior written approval from DCJ.
E. Consultant compensation rates
The recipient acknowledges that consultants paid with award funds generally may not be
paid at a rate in excess of $81.25 per hour, not to exceed $650 per day. To exceed this
specified maximum rate, recipients must submit to DCJ a detailed justification and have
such justification approved by DCJ, prior to obligation or expenditure of such funds.
Issuance of this award or approval of the award budget alone does not indicate approval of
any consultant rate in excess of $81.25 per hour, not to exceed $650 per day. Although
prior approval is not required for consultant rates below this specified maximum rate,
recipients are required to maintain documentation to support all daily or hourly consultant
rates.
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F. Employee compensation
With respect to this award, federal funds may not be used to pay cash compensation (salary
plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the
maximum annual salary payable to a member of the federal government's Senior Executive
Service (SES) at an agency with a Certified SES Performance Appraisal System for that
year. (An award recipient may compensate an employee at a higher rate, provided the
amount in excess of this compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an
individual basis at the discretion of the OJP official indicated in the program
announcement under which this award is made.
6. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH DOJ AWARDS
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of
Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal
financial assistance from the OJP, and the Office on Violence Against Women (OVW) are not
engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI
of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require
recipients of federal financial assistance to give assurances that they will comply with those
laws. In addition to those civil rights laws, many grant program statutes contain
nondiscrimination provisions that require compliance with them as a condition of receiving
federal financial assistance. For a complete review of these civil rights laws and
nondiscrimination requirements, in connection with OJP and other DOJ awards, see
https://ojp.gov/funding/Explore/LegalOverview/C ivilRightsRequirements.htm
Under the delegation of authority, the OCR investigates allegations of discrimination against
recipients from individuals, entities, or groups. In addition, the OCR conducts limited
compliance reviews and audits based on regulatory criteria. These reviews and audits permit
the OCR to evaluate whether recipients of financial assistance from the Department are
providing services in a nondiscriminatory manner to their service population or have
employment practices that meet equal -opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act
or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal
justice system, there are two additional obligations that may apply in connection with the
awards: (1) complying with the regulation relating to Equal Employment Opportunity
Programs (EEOP5); and (2) submitting findings of discrimination to OCR. For additional
information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for
additional information regarding requirements when there is an adverse finding, see 28 C.F.R.
§§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at
the above address.
The Grantee hereby agrees that it will comply, and all of its subrecipients ("subgrantees") will
comply, with the applicable provisions of:
A. Civil rights laws and nondiscrimination provisions
States and units of local government, public and nonprofit institutions of higher education,
nonprofit organizations, for-profit businesses, and other recipients of DOJ grants may be
subject to various federal civil rights laws for reasons other than their receipt of DOJ
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funds. Some examples include federal civil rights laws related to discrimination on the
basis of race, color, national origin, sex, religion, or disability.
Because a DOJ award is a form of "federal financial assistance," the recipients of a DOJ
award (and any "subrecipient" at any tier) must comply with additional civil -rights -related
requirements above and beyond those that otherwise would apply.
In general, these additional requirements fall into one of two categories:
1. Civil rights laws (sometimes referred to as "cross -cutting" federal civil rights
statutes). These apply to essentially any entity that receives an award of federal
financial assistance -- regardless of which federal agency awards the grant or
cooperative agreement -- and encompass the "program or activity" funded in whole
or in part with the federal financial assistance.
2. Nondiscrimination provisions. These are requirements or restrictions that apply to
certain OJP or OVW awards -- in addition to the civil rights laws -- because they
are set out in a statute that applies specifically to one or more particular OJP or
OVW grant programs, or to OJP or OVW awards made under a particular legal
authority. Much like the civil rights laws, these provisions apply variously to the
programs, activity, or undertaking funded in whole or in part by OJP or OVW, and
are described herein.
a. Such nondiscrimination provisions apply to some, but not all, OJP or
OVW grant programs.
b. The nondiscrimination provisions that apply to an OJP or OVW award
(above and beyond the requirements in "cross -cutting" civil rights laws)
may vary from award to award, even for awards made during the same
fiscal year.
c. Typically, no more than one of these nondiscrimination provisions will
apply to any particular OJP or OVW award.
General information on the civil rights laws that apply to every OJP or OVW award, and
on the nondiscrimination provisions that apply to some OJP or OVW awards, is available
at https://ojp.gov/about/ocr/statutes-regulations.
NOTE: As discussed in more detail below, if a civil rights law or nondiscrimination
provision prohibits discrimination in employment on the basis of religion, the prohibition
is read together with the provisions of the Religious Freedom Restoration Act of 1993.
B. Civil rights compliance: Access to services and benefits by individuals with limited
English proficiency
Compliance with the civil rights laws entails, among other things, taking reasonable steps
to ensure that individuals with limited English proficiency (LEP) have meaningful access
to DOJ-funded programs or services. An individual with limited English proficiency is
one whose first language is not English and who has a limited ability to read, write, speak,
or understand English. To assist recipients of DOJ awards in meeting their obligations
with respect to such individuals, DOJ has published a guidance document, available on the
LEP.gov website.
Page 25 of 28 10/21/2020
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
Federal Awards issued from 2020 Federal Grant Funds
C. Complying with the Safe Streets Act
An organization that is a recipient of financial assistance subject to the nondiscrimination
provisions of the Safe Streets Act, must meet two obligations: (1) complying with the
federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt.
E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c),
.205(c)(5)).
D. Meeting the EEOP Requirement
An EEOP is a comprehensive document that analyzes a grantee's relevant labor market
data, as well as the recipient's employment practices, to identify possible barriers to the
participation of women and minorities in all levels of a grantee's workforce. As a grantee
of DOJ funding, you may be required to submit an EEOP Certification Report or an EEOP
Utilization Report to the OCR. For more information on whether your organization is
subject to the EEOP requirements, see https://ojp.gov/about/ocr/eeop.htm. Additionally,
you may request technical assistance from an EEOP specialist at the OCR by telephone at
(202) 616-1771 or by e-mail at EEOPforms@usdoj.gov.
E. Ensuring the Compliance of Subrecipients/Subgrantees
SAAs (DCJ) must have standard assurances to notify subrecipients of their civil rights
obligations, written procedures to address discrimination complaints filed against
subrecipients, methods to monitor subrecipients' compliance with civil rights requirements,
and a program to train subrecipients on applicable civil rights laws.
F. Certification
Each grantee by accepting this award, certifies that it will comply (and it will require any
subrecipient at any tier to comply) with applicable civil rights laws and nondiscrimination
provisions. An additional DCJ Form 30, will be required prior to the disbursement of any
funds.
7. RECIPIENTS OF OVW GRANT DOLLARS ONLY
A. Availability of general terms and conditions on OVW website
The recipient agrees to follow the applicable set of general terms and conditions that are
available at https://wvvw.justice.gov/ovw/grantees#award-conditions. These do not
supersede any specific conditions in this award document.
B. Compliance with statutory and regulatory requirements
The grantee agrees to comply with all relevant statutory and regulatory requirements,
which may include, among other relevant authorities, the Violence Against Women Act of
1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Violence
Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the
Violence Against Women Reauthorization Act of 2013, P.L. 113-4, the Omnibus Crime
Control and Safe Streets Act of 1968, 34 U.S.C. §§ 10101 et seq., and OVW's
implementing regulations at 28 C.F.R. Part 90.
Page 26 of 28 10/21/2020
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
Federal Awards issued from 2020 Federal Grant Funds
C. VAWA 2013 nondiscrimination condition
The recipient acknowledges that 34 U.S.C. § 12291(b)(13) prohibits recipients of OVW
awards from excluding, denying benefits to, or discriminating against any person on the
basis of actual or perceived race, color, religion, national origin, sex, gender identity,
sexual orientation, or disability in any program or activity funded in whole or in part by
OVW. The recipient agrees that it will comply with this provision. The recipient also
agrees to ensure that any subrecipients ("subgrantees") at any tier will comply with this
provision.
D. Confidentiality and information sharing
The grantee agrees to comply with the provisions of 34 U.S.C. § 12291(b)(2),
nondisclosure of confidential or private information, which includes creating and
maintaining documentation of compliance, such as policies and procedures for release of
victim information. The recipient also agrees to comply with the regulations implementing
this provision at 28 CFR 90.4(b) and "Frequently Asked Questions (FAQs) on the VAWA
Confidentiality Provision (34 U.S.C. § 12291(b)(2))" on the OVW website at
https://www.justice.gov/ovw/resources-and-faqs-grantees. The grantee also agrees to
ensure that all subrecipients ("subgrantees") at any tier meet these requirements.
E. Activities that compromise victim safety and recovery and undermine offender
accountability
The recipient agrees that grant funds will not support activities that compromise victim
safety and recovery or undermine offender accountability, such as: procedures or policies
that exclude victims from receiving safe shelter, advocacy services, counseling, and other
assistance based on their actual or perceived sex, age, immigration status, race, religion,
sexual orientation, gender identity, mental health condition, physical health condition,
criminal record, work in the sex industry, or the age and/or sex of their children;
procedures or policies that compromise the confidentiality of information and privacy of
persons receiving OVW-funded services; procedures or policies that impose requirements
on victims in order to receive services (e.g., seek an order of protection, receive
counseling, participate in couples' counseling or mediation, report to law enforcement,
seek civil or criminal remedies, etc.); procedures or policies that fail to ensure service
providers conduct safety planning with victims; project design and budgets that fail to
account for the access needs of participants with disabilities and participants who have
limited English proficiency or are Deaf or hard of hearing; or any other activities outlined
in the solicitation under which the approved application was submitted..
F. Policy for response to workplace -related incidents of sexual misconduct, domestic
violence, and dating violence — NEW 2020
The recipient, and any subrecipient at any tier, must have a policy, or issue a policy within
270 days of the award date, to address workplace -related incidents of sexual misconduct,
domestic violence, and dating violence involving an employee, volunteer, consultant, or
contractor. The details of this requirement are posted on the OVW web site at
https://www.justice.gov/ovw/award-conditions (Award Condition: Policy for response to
workplace -related sexual misconduct, domestic violence, and dating violence), and are
incorporated by reference here.
Page 27 of 28 10/21/2020
DocuSign Envelope ID: 8068A97O-7DDB-47AD-8D82-E408EF5D8382
Federal Awards issued from 2020 Federal Grant Funds
G. Termination or suspension for cause
DCJ or the Director of OVW, upon a finding that there has been substantial failure by the
recipient to comply with applicable laws, regulations, and/or the terms and conditions of
the award or relevant solicitation, will terminate or suspend until DCJ or the Director is
satisfied that there is no longer such failure, all or part of the award, in accordance with the
provisions of 28 C.F.R. Part 18, as applicable mutatis mutandis.
Page 28 of 28 10/21/2020
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
COLORADO DIVISION OF CRIMINAL JUSTICE
CERTIFICATION OF COMPLIANCE WITH REGULATIONS
OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF JUSTICE (DCJ FORM 30)
INSTRUCTIONS.: Complete the table below with information found in the Grant Agreement. Read the form completely,
identify the person responsible for reporting civil rights findings, certify that the required Civil Rights training has been
completed by the Project Director; and check only one certification under "II" that applies to your agency. Have your
Signature Authority sign at the bottom of page 2, forward a copy to the person identified as being responsible for reporting
civil rights findings and return the original to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO
80215, within 45 days of the grant award beginning date.
PROJECT DIRECTOR: Daren Ford
P HONE: 9704003638
Person responsible for reporting civil rights findings of discrimination: (Name, address, phone & email)
Patricia Russell, 1150 0 Street, Greeley co 80631
(970) 400-4230
prussell@weldgov.com
I acknowledge that I viewed all of the trainings on Civil Rights available on DCJ's website at
https://www.colorado.gov/pacific/dcj/civil-rights-requirements. I accept responsibility for ensuring that project staff
understands their responsibilities as outlined in the presentations. I understand that if I have any questions about the material
DocuSigned by: I presented and my responsibilities as a grantee that I will contact my grant manager.
Pla tAit,'or1. 10/26/2021 I 11:51:05 AM PDT
7C7CD10800O54C7...
PROJECT DIRECTOR SIGNATURE
DATE
SIGNATURE AUTHORITY'S CERTIFICATION: As the Signature Authority for the above Grantee, I certify, by my
signature on page two (2), that I have read and am fully cognizant of our duties and responsibilities under this Certification.
I. REQUIREMENTS OF GRANT RECIPIENTS: All grant recipients (regardless of the type of entity or the amount awarded)
are subject to prohibitions against discrimination in any program or activity, and must take reasonable steps to provide
meaningful access for persons with limited English proficiency.
♦I certify that this agency will maintain data (and submit when required) to ensure that: our services are delivered in an
equitable manner to all segments of the service population; our employment practices comply with Equal Opportunity
Requirements, 28 CFR 42.207 and 42.301 et seq.; our projects and activities provide meaningful access for people with
limited English proficiency as required by Title VI of the Civil Rights Act, (See also, 2000 Executive Order #13166).
♦I also certify that the person in this agency or unit of government who is responsible for reporting civil rights findings of
discrimination will submit these findings, if any, to the Division of Criminal Justice within 45 days of the finding, and/or if
the finding occurred prior to the grant award beginning date, within 45 days of the grant award beginning date.
Page 1 of 2
DCJ30_v12 (Rev. 02/20)
DocuSign Envelope ID: 80B8A97D-7DDB-47AD-8D82-E408EF5D8382
DCJ FORM 30:
CERTIFICATION OF COMPLIANCE WITH REGULATIONS,
OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF JUSTICE (Continued)
II. EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) CERTIFICATIONS: Check the box before ONLY ONE
APPROPRIATE CERTIFICATION (A, or B below) that applies to this grantee agency during the period of the grant
duration noted above.
-x
CERTIFICATION "A" [Applicable, if (1), (2) or (3), below, apply.] This is the Certification that most non -profits
and small agencies will use. Check all that apply to your entity.
This funded entity:
(1) is an educational, medical or non-profit organization or an Indian Tribe;
(2) has less than 50 employees;
(3) was awarded through this single grant award from the Colorado Division of Criminal Justice less than
$25,000 in federal U.S. Department of Justice funds.
Therefore, I hereby certify that this funded entity is not required to maintain an EEOP, pursuant to 28 CFR §42.302, but
is required to submit a Certification (https://oip.gov/about/ocr/eeop.htm).
CERTIFICATION "B" (Applicable to all entities that do not qualify for Certification "A" above)
This funded entity, as a for-profit entity or a state or local government having 50 or more employees (counting both full -
and part-time employees but excluding political appointees) and is receiving, through this single grant award from the
Colorado Division of Criminal Justice, more than $25,000, in federal U.S. Department of Justice funds.
Therefore, I hereby certify that the funded entity will prepare and submit an EEOP and Certification at
https://oip.uov/about/ocr/eeop.htm, within 60 days of the award. The EEOP shall be submitted in accordance with 28
CFR §42, subpart E, to Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice that will include a
section specifically analyzing the grantee (implementing) agency. (If you have already submitted an EEOP applicable to
this time period, send a copy of the letter received from the Office for Civil Rights showing that your EEOP is
acceptable.)
As the Signature Authority for the above grantee, I certify, by my signature below, that I have read and am fully cognizant of our
duties and responsibilities under this Certification. I, hereby, also certify that the content of this form, other than the data entry
required, has not been altered.
SIGNATURE AUTHORITY SIGNATURE DATE
TYPED NAME TITLE
* * * * * * * * * *
This signed form must be returned to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO 80215,
within 45 days of the grant award beginning date. You must also forward a signed copy to the person identified in the box
above.
Page 2 of 2
DCJ30_v12 (Rev. 02/20)
Contract Form
New Contract Request
Entity Information
Entity Name*
COLORADO DEPARTMENT OF PUBLIC
SAFTEY
Entity ID*
`,00032914
Contract Name*
2021 COVERDELL TRAINING GRANT AWARD
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
5243
Contract Lead*
DFORD
Contract L Email
dfordtnveldgov.com.skoh lgr
af4weldgov.com
Contract Description*
2020-DN-21-4 APPUED FOR IN FEB 2020. DELAYED AWARD DUE TO COVID19
Contract Description 2
Contract Type
GRANT
Amount
S17,614.00
Renewable *
NO
Automatic Renewal
Grant
Department
SHERIFF
Department Email
CM-Sheriffgveidgov.com
Department H .,' Email
CM-Sheriff-
DeptHeadeldgov.cam
County Attorney
GENERAL COUNTY
Al I ORNEY EMAIL
County Attorney Email
CM-
COUNTYAIiORNEY@WELDG
OV.COM
Requested MCC Agenda
Date*
9.13/2021
Parent Contract ID
Requires
YES
d
Department Project #
Due Date
09:09:2021
Will a work session with BCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
if this is of a enter MESA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date Review Date* Renewal Date
07,01:2022
Termination Notice Period
Committed Delivery Date
Expiration Date*
09 30=2022
Contact Information
Contact Info
Contact Name
Purchasing
Approval Process
Department Head
DONNIE PATCH
OH Approved Date
10,?29=2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
1 1:03 2021
Originator
SKOHLGRAF
Contact Type Contact Email
finance Approver
EARS CONNOLLY
Contact Phone I Contact Phone 2
Purchasing roved Date
Finance Approved Date
11,101,'2021
Tyler Ref #
AC 110321
Legal Counsel
KARJN MCDOUGAL
Legal Counsel *3
11,E 01 2021
Hello