HomeMy WebLinkAbout20210525.tiffRESOLUTION
RE: APPROVE AWARD LETTER AND INTERGOVERNMENTAL AGREEMENT FOR
EXTENSION OF 2020 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 an Extension of the 2020 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 January 1, 2021, and ending June 30, 2021, with further terms and conditions being
as stated in said award letter and agreement extension, and
WHEREAS, after review, the Board deems it advisable to approve said award letter and
agreement extension, 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 an Extension of
the 2020 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 award letter and agreement extension.
cc: So(Sic/DF) AcT(Bc/cD)
3/1(al
2021-0525
SO0042
AWARD LETTER AND INTERGOVERNMENTAL AGREEMENT FOR EXTENSION OF 2020
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 24th day of February, A.D., 2021, nunc pro tunc January 1, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditif4A) .k10 -0't.
Steve •reno, Chair
Weld County Clerk to the Board
Sc
BY:
es, Pr•` =m
Perry L.ck
APPR
ike Freeman
ounty A orney
Lori S
Date of signature: o3ioai 9
2021-0525
SO0042
Esther Gesick
Contrric+ =p ##9501
Subject:
Attachments:
FW: 2020 Coverdell Grant
DCJ_G rant_-_Coverdel I_2019 -D N-19-5_Period_2_.pdf
From: Daren Ford <dford@weldgov.com>
Sent: Monday, February 22, 2021 11:20 AM
To: Esther Gesick <egesick@weldgov.com>
Subject: 2020 Coverdell Grant
Esther,
Last year, Weld County accepted the 2020 Coverdell grant which awarded $17,614 to the crime lab. Due to
COVID, we were unable to spend the funds. I applied for an extension and was awarded an extension until
6/30/21. Pease put this on the agenda so the Chair can sign and approve the extension request.
Thanks,
Daren Ford, Lab Director
Northern Colorado Regional Forensic Laboratory
2329 115th Avenue, Greeley, CO 80634
(P) 970-400-3638
2021-0525
0Q/aLl
S0004a
DocuSign Envelope ID: C3E2A820-62DF-4CD8-BDIC-BBF62E0D0486
Grantee: Weld County
Project: 2020 Coverdell Training
DCJ Grant #: 2019-DN-19-5 Period 2
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
2019-DN-19-5 Period 2
Grantee
Weld County
Grantee DUNS
075757955
Is this Award for Research and Development (R&D)?
No
Grant Issuance Date (Start Date)
January 1, 2021
Grant Amount
Federal Award # 2019-CD-BX-0016: $ 17,014
Total for all Funding Sources: $ 17,014
Grant Expiration Date (End Date)
June 30, 2021
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
Federal Award # 2019-CD-BX-0016: $0.00
Total Match Amount: $0.00
Match Percentage Required: 0%
Grant Description
The Northern Colorado Regional Forensic Laboratory (NCRFL) is a consortium of 5 law enforcement agencies that have
combined lab 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 keeping with the need to have all staff certified, will send members to
training to help them obtain or maintain current certifications within their chosen disciplines. The training received will keep
them current in the latest technologies including those needed to address the Opioid concerns within the forensic science
community.
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
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Grantee: Weld County
Project: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Award Office
U.S. Department of Justice (US DOJ), Office of Justice Programs Office (OJP), National
Institute of Justice
Grant Program
State of Colorado Paul Coverdell Forensic Science Formula Grant Program
CFDA
16.742
Federal Award Number(s)
2019-CD-BX-0016
Federal Award Date
09/12/2019
Federal Award End Date *
06/30/2021
Federal Statutory
Authority
This project is supported under FY19 (NIJ - Coverdell Forensic Science Improvement) 34 USC
10561-10566; 28 USC 530C
Total Amount of Federal
Award (this is not the
amount of this grant
agreement)
$ 326,040
* 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.
SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement
and to bind the Party authorizing such signature.
GRANTEE
Weld County
,--DocuSigned by:
Stw , ke►n 1kh
BD83DS4A1_.
y: Steve Moreno, County Commission Chair,
County of Weld Colorado
Date:
02/24/2021
STATE OF COLORADO
Jared S. Polis, Governor
Department of Public Safety
EV
DocuSigneddby:Stan' 1HLil�key, Executive Director
Ollolt, 1T1,(�.t,vtA
148@48E-240044
By: Division of Criminal Justice
❑ Joe Thome, Director, or
X Debbie Oldenettel, Deputy Director
02/26/2021
Date:
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
by:
c3loacuSigned
.allava
Dcooeo3roaos...
By: Lyndsay J. Clelland, Contract and Grant Coordinator, Division of Criminal Justice
Effective Date:
03/01/2021
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Grantee: Weld County
Project: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
TABLE OF CONTENTS
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS 1
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD 2
SIGNATURE PAGE 2
1. GRANT 3
2. TERM 3
3. DEFINITIONS 4
4. STATEMENT OF WORK 7
5. PAYMENTS TO GRANTEE 7
6. REPORTING - NOTIFICATION 8
7. GRANTEE RECORDS 9
8. CONFIDENTIAL INFORMATION -STATE RECORDS 9
9. CONFLICTS OF INTEREST 11
10. INSURANCE 11
11. REMEDIES 11
12. DISPUTE RESOLUTION 11
13. NOTICES AND REPRESENTATIVES 11
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 11
15. GOVERNMENTAL IMMUNITY 12
16. GENERAL PROVISIONS 12
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: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
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: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
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.
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.
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Grantee: Weld County
Project: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
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.
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
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Grantee: Weld County
Project: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
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.
D. Reimbursement of Grantee Costs
The State shall reimburse Grantee's allowable costs, not exceeding the maximum total
amount described in this Grant Award Letter for all allowable costs described in this Grant
Award Letter and shown in the Budget, except that Grantee may adjust the amounts between
each line item of the Budget without formal modification to this Agreement as long as the
Grantee provides notice to and receives written approval from the State of the change, the
change does not modify the total maximum amount of this Grant Award Letter, and the
change does not modify any requirements of the Work. The State shall reimburse Grantee for
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Project: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
the Federal share of properly documented allowable costs related to the Work after the State's
review and approval thereof, subject to the provisions of this Grant. The State shall only
reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the
Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee
(i.e. the price paid minus any items of value received by Grantee that reduce the cost actually
incurred).
E. Close -Out.
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete
close out, Grantee shall submit to the State all deliverables (including documentation) as
defined in this Grant Award Letter and Grantee's final reimbursement request or invoice.
The State will withhold 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.
F. 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
C.
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.
Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting the
Federal Award. The State or the Federal Awarding Agency may impose any penalties for
noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include,
without limitation, suspension or debarment.
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Grantee: Weld County
Project: 2020 Coverdell Training
7. GRANTEE RECORDS
DCJ Grant #: 2019-DN-19-5 Period 2
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 seg., 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
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
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Grantee: Weld County
Project: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
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 sign nondisclosure agreements with provisions at least as protective as those
in this Grant, and that the nondisclosure agreements are in force at all times the agent,
employee, assign, Subgrantees or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding PII
If Grantee or any of its Subgrantees and Subcontractors will or may receive PII under this
Agreement, Grantee shall provide for the security of such PII, in a manner and form
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Grantee: Weld County
Project: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
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 shall be
harmful to the State's interests and absent the State's prior written approval, Grantee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee's obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's consideration.
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 require Grantee to repay any or all Grant funds to the
State in the State's sole discretion. The State may also terminate this Grant Award Letter at any
time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work
without intent to resume performance, prior to the completion of the Work.
12. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as required or permitted by federal regulations
related to any Federal Award that provided any of the Grant Funds, disputes concerning the
performance of this Grant that cannot be resolved by the designated Party representatives shall be
referred in writing to a senior departmental management staff member designated by the State and
a senior manager or official designated by Grantee for resolution.
13. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
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, with the right to sublicense, to make, use, reproduce, distribute,
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Grantee: Weld County
Project: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
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.
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,
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DocuSign Envelope ID: C3E2AB20-62DF-4CDB-BDIC-BBF62E0D04B6
Grantee: Weld County
Project: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
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. SeverabiIity
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
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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DocuSign Envelope ID: C3E2A820-62DF-4CDB-BDIC-BBF62E0D0486
Grantee: Weld County
Project: 2020 Coverdell Training
DCJ Grant #: 2019-DN-19-5 Period 2
EXHIBIT Al, SAMPLE OPTION LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Agreement Number of the Original
Contract
Current Agreement Maximum Amount
Initial Term
State Fiscal Year 20xx $0.00
Extension Terms
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
Option Agreement Number
Insert CMS number or Other Agreement Number of this Option
Agreement Performance Beginning Date
Month Day, Year
Current Agreement Expiration Date
Month Day, Year
OPTIONS:
A. Option to extend for an Extension Term
B. Option to change the quantity of Goods under the Agreement
C. Option to change the quantity of Services under the Agreement
D. Option to modify Agreement rates
E. Option to initiate next phase of the Agreement
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current
Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended.
B. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the
rates stated in the Original Agreement, as amended.
C. For use with Option 1(D): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter.
The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option
Effective Date of this Option Letter.
D. For use with Option 1(E): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert
start date and end on Insert ending date at the cost/price specified in Section Number.
E. For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount
table on the Agreement's Signature and Cover Page is hereby deleted and replaced with the Current Agreement
Maximum Amount table shown above.
3. OPTION EFFECTIVE DATE:
F. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT -Name of Agency or IHE
INSERT -Name & Title of Head of Agency or IHE
By: Name & Title of Person Signing for Agency or IHE
Date:
In accordance with §24-30-202, C.R.S., this Option is not
valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Name of Agency or IHE Delegate -Please delete if agreement
will be routed to OSC for approval
Option Effective Date:
Exhibit Al
Page 1 of 1
DocuSign Envelope ID: C3E2A820-62DF-4CDB-BDIC-BBF62E0D0486
Grantee: Weld County
Project: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
EXHIBIT A2, GRANT FUNDING CHANGE LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Grant Funding Change Letter Number
Insert the Option Number (e.g. "1" for the first option)
Contractor
Insert Contractor's Full Legal Name, including
"Inc.", "LLC", etc...
Original Grant Number
Insert CMS number or Other Contract Number of the Original Contract
Current Contract Maximum Amount
Initial Term
State Fiscal Year 20xx $0.00
Extension Terms
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
Grant Funding Change Letter Contract Number
Insert CMS number or Other Contract Number of this Option
Contract Performance Beginning Date
Month Day, Year
Current Contract Expiration Date
Month Day, Year
1. GRANT FUNDING CHANGE
In accordance with §Insert Section Number of the Original Grant referenced above, the State Agency listed above
commits the following funds to the grant:
A. The funding available for State Fiscal Year 20xx is Increased/Decreased by $Amount of Change, because Insert
Reason For Change.
B. The total funding avail for all State Fiscal Years as of the effective date of this Grant Funding Change Letter is
shown as the current contract maximum above.
2. TERMINOLOGY
All terminology used in this Grant Funding Change Letter shall be interpreted in accordance with the Original Grant
referenced above.
3. NO ORDER FOR WORK
This Grant Funding Change Letter modifies the available funding only and does not constitute an order or authorization
for any specific services or goods under the Grant.
4. GRANT FUNDING CHANGE LETTER EFFECTIVE DATE:
The effective date of this Grant Funding Change Letter is upon approval of the State Controller or , whichever
is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT -Name of Agency or IHE
INSERT -Name & Title of Head of Agency or IHE
By: Name & Title of Person Signing for Agency or IHE
Date:
In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated below by the State Controller
or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Name of Agency or IHE Delegate -Please delete if contract will be routed to OSC for approval
Grant Funding Change Letter Effective Date:
Exhibit A2
Page 1 of 1
DocuSign Envelope ID: C3E2AB20-62DF-4CDB-BDIC-BBF62E0D04B6
Grantee: Weld County
Project: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
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 (l2 -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: C3E2AB20-62DF-4CDB-BDIC-BBF62E0D04B6
Grantee: Weld County
Project: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
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: C3E2AB20-62DF-4CDB-BDIC-BBF62E0D04B6
Grantee: Weld County
Project: 2020 Coverdell Training
DCJ Grant #: 2019-DN-19-5 Period 2
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.
❑x 2019 - Paul Coverdell Forensic Science Improvement Grant Program Special Conditions
Exhibit C Page 1 of 1
DocuSign Envelope ID: C3E2AB20-62DF-4CDB-BDIC-BBF62E0D04B6
Grantee: Weld County
Project: 2020 Coverdell Training DCJ Grant #: 2019-DN-19-5 Period 2
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.
2019 Federal Requirements
Exhibit D Page 1 of 1
DocuSign Envelope ID: C3E2AB20-62DF-4CDB-BDIC-BBF62E0D04B6
Grantee: Weld County
Project: 2020 Coverdell Training
DCJ Grant #: 2019-DN-19-5 Period 2
EXHIBIT E, STATEMENT OF WORK
The Northern Colorado Regional Forensic Laboratory (NCRFL) is a consortium of 5 law enforcement
agencies that have combined lab 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, forensic biology -serology, firearms,
latent prints. The disciplines of Forensic biology -DNA and Digital Multimedia evidence (DME) were
accredited in 2016. The lab in keeping with the need to have all staff certified is seeking training
opportunities to help members obtain or maintain current certifications within their chosen disciplines.
The training received will also keep them current in the latest technologies including those needed to
address the Opioid concerns within the forensic science community.
GOAL
Goal Provide training to our laboratory staff in areas that will continue to improve the quality of service and aid in their
certification or recertification needs.
Objective 1.1
Objective Have two DME examiners participate in a mobile cell phone forensic class that would make them more effective in data
extraction and analysis.
Outcome Register for the class. Have them attend the training, completing all course work and testing as required.
Upon completion of class return and apply what was taught.
Measurement 1. Registration complete; 2. Class attended and passed; Apply knowledge completing any competency testing necessary.
Timeframe Register, attend and complete training by 06/30/2021.
Objective 1.2
Objective Have DME audio/video analyst attend the LEVA class on media downloading form digital devices.
Outcome Register for the class. Have them attend the training, completing all course work and testing as required.
Upon completion of class return and apply what was taught..
Measurement 1. Registration complete; 2. Class attended and passed; Apply knowledge completing any competency testing necessary.
Timeframe Register, attend and complete training by 06/30/2021.
Objective 1.3
Objective Have latent print, shoe and tire track and firearm analyst attend training to meet certification or recertification
requirements.
Outcome Register for the class. Have them attend the training, completing all course work and testing as required.
Upon completion of class return and apply what was taught.
Measurement 1. Registration complete; 2. Class attended and passed; Apply knowledge completing any competency testing necessary.
Timeframe Register, attend and complete training by 06/30/2021.
Exhibit E
Page 1 of 1
DocuSign Envelope ID: C3E2AB20-62DF-4CDB-BDIC-BBF62E0D04B6
Grantee: Weld County
Project: 2020 Coverdell Training
EXHIBIT F, BUDGET
DCJ Grant #: 2019-DN-19-5 Period 2
Budget Summary Requested/Awarded
Personnel
Supplies & Operating
Travel
Equipment
Consultants / Contracts
Indirect
Total
Grant Funds
$0
$ 6,785
$ 10,229
$0
$0
$0
$ 17,014
Cash Match
$0
$0
$0
$0
$0
$0
$0
In -Kind Match
$0
$0
$0
$0
$0
$0
$0
Match Total
$0
$0
$0
$0
$0
$0
$0
Project Total
$0
$ 6,785
$ 10,229
$0
$0
$0
$ 17,014
Personnel: Budget & Budget Narrative Details
Position Title Annual Annual Base %To Be Annual
Base Salary To Be Paid By Fringe
Sabry Paid By Grant Grant
Funds Funds
Annual %To Be
Fringe To Paid By
Be Paid By Grant
Grant Funds
Funds
Total
Annual
Base
Salary+
Fringe
Total OT -
Base Annual
Salary+ Base
Fringe To Salary
Be Paid
By Grant
Funds
OT- OT -
Annual Annual
Base Fringe
Sabry To
Be Paid By
Gmnt
Funds
OT- Total To Be
Annual Paid By
Fringe To Grant Funds
Be Paid By ('mduding
Grant overtime)
Funds
$0 $0 0% $0
Budget
Narrative
and
Justification:
$ 0 0%
$0 $0 $0 $0 $0
$0 $0
Total $ 0 $ 0
0% $ 0
SO 0% $ 0 $0 $ 0 $0 $ 0 $0 $0
Non -Personnel: Budget & Budget Narrative Details
Amount To Be Paid By
Grant Funds
Budget Item
SUPPLIES & OPERATING
IACIS Mobile Devices
Shoe and Tire track Trng
Advanced ACE -V
IA1 Conference
LEVA class
Budget Narrative and Justification
$ 2,990 The largest number of items submitted to the DME section of the laboratory
consist of cell phones. It is important that the DME analysts have the training
necessary to extract and analyze the data from phones.
$ 695 A Shoe and Tire track examiner needs to attend this class in order to maintain
his certification in Shoe and tire track comparisons.
$ 800 One of our newest latent print examiners will use this class to expand her
knowledge of latent print comparisons and aid in her course requirements for
certification.
$ 500 A latent print/shoe and tire track analyst will use the conference and its many
training opportunities to meet the continuing education requirements necessary
for her certifications.
$ 1,100 The DME A/V analyst needs to update her training in the collection of videos
from digital devices. Her training was primarily with analog devices and so we
are updating her knowledge.
Exhibit F
Page 1 of 2
DocuSign Envelope ID: C3E2AB20-62DF-4CDB-BDIC-BBF62E0D04B6
Grantee: Weld County
Project: 2020 Coverdell Trainin
DCJ Grant #: 2019-DN-19-5 Period 2
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
$ 6,785
TRAVEL
IACIS Mobile Devices
$ 1,901
Air fare $410. Travel/parking $ 161. Per diem $ 418.44 5 days x $66 plus travel days 2
x $66X.75. Hotel $912 $152 x 6
Shoe and Tire track img
$ 1,723
Air fare $400. Travel/parking $ 161. Per diem $ 412.10 5 days x $65 plus travel days 2
x $65X.75. Hotel $750 $125 x 6
Advanced ACE -V
$ 1,723
Air fare $400. Travel/parking $ 161. Per diem $ 412.10 5 days x $65 plus travel days 2
x $65X.75. Hotel $750 $125 x 6
IAI conference
$ 1,663
Air fare $400. Travel/parking $ 161. Per diem $ 418.44 5 days x $66 plus travel days 2
x $66X.75. Hotel $684 $114 x 6
LEVA class
$ 1,860
Air fare $400. Travel/parking $ 174. Per diem $ 411.04 5 days x $56 plus travel days 2
x $56X.75. Hotel $875$125x 7
AFTE
$ 1,958
Air fare $400. Travel/parking $ 161. Per diem $ 323.34 5 days x $51 plus travel days 2
x $51 X.75. Hotel $1074 $179 x 6
Travel Total
$ 10,229
$600 was spent in period 1 of the grant. TOTAL $10,829
EQUIPMENT
Equipment Total
CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES)
Consultants/Contracts Total
$ 0
INDIRECT
Indirect Total
Total Non -Personnel
$ 17,014
$600 was spent in period 1 of the grant. TOTAL $17,614
Exhibit F Page 2 of 2
DocuSign Envelope ID: C3E2AB20-62DF-4CDB-BDIC-BBF62E0D04B6
Placeholder for Exhibit F
DocuSign Envelope ID: C3E2AB20-62DF-4CDB-BDIC-BBF62E0D04B6
2019 — Paul Coverdell Forensic Sciences Improvement Grant Program Special Conditions
2019 — 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. 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 subgrantee: 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 NIJ will consider to be
acceptable documentation of accreditation. The grantee is to contact the NIJ 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 NIJ determines not to be
consistent with the Coverdell law and the solicitation or to be otherwise deficient.
The grantee agrees to notify NIJ promptly upon any change in the accreditation status of
any forensic science laboratory or forensic laboratory system that receives funding under
this award.
2019-CD-BX-0016
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2019 — Paul Coverdell Forensic Sciences Improvement Grant Program Special Conditions
2. 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.
Any questions concerning this provision should be directed to DCJ prior to incurring the
expense or commencing the activity in question.
3. 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 fiscal year 2017 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 fiscal year 2017 Coverdell funds, if
applicable to the award. Grantees are required to collect and report data relevant to these
measures.
4. 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
2019-CD-BX-0016
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2019 — Paul Coverdell Forensic Sciences Improvement Grant Program Special Conditions
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.
5. 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
income. Notice must be provided in writing to the DCJ within ten (10) business days of
implementation of the change.
6. 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.
7. 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.
8. Allegations of Serious Negligence or Misconduct
The grantee acknowledges that, as stated in the solicitation for the Paul Coverdell Forensic
Science Improvement Grants Program, NIJ assumes that grantees (and subgrantees) 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.
2019-CD-BX-0016
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2019 — Paul Coverdell Forensic Sciences Improvement Grant Program Special Conditions
9. Assessments, National Evaluation Efforts, or Information or Data Collection
The grantee agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requests, including, but not limited to, the provision of any
information required for the assessment or evaluation of any activities within this project.
10. Publications
To assist in information sharing, the award grantee shall provide the DCJ grant manager with
a copy of publications (including those prepared for conferences and other presentations)
resulting from this award, prior to or simultaneous with their public release. NIJ defines
publications as any written, visual or sound material substantively based on the project,
formally prepared by the award grantee for dissemination to the public. Submission of
publications prior to or simultaneous with their public release aids DCJ and NIJ in
responding to any inquiries that may arise. Any publications - excluding press releases and
newsletters - whether published at the grantee's or government's expense, shall contain the
following statement: "This project was supported by Award No. 2019-CD-BX-0016,
awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of
Justice. The opinions, findings, and conclusions or recommendations expressed in this
publication/program/exhibition are those of the author(s) and do not necessarily reflect those
of the Department of Justice." This statement shall appear on the first page of written
publications. For audio and video publications, it shall be included immediately after the title
of the publication in the audio or video file.
11. Press Releases
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.
12. Copyrights; Data rights
The grantee acknowledges that the DCJ and the Office of Justice Programs (OJP) 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; and (2) any rights of copyright to which a grantee or subgrantee purchases
ownership with Federal support.
The grantee acknowledges that DCJ and the OJP has the right to (1) obtain, reproduce,
publish, or otherwise use the data first produced under an 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 subgrantee, if applicable) to ensure that this
condition is included in any subaward under this award.
The grantee has the responsibility to obtain from subgrantees, contractors, and subcontractors
(if any) all rights and data necessary to fulfill the grantee's obligations to the Government
under this award. If a proposed subgrantee, contractor, or subcontractor refuses to accept
2019-CD-BX-0016
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2019 — Paul Coverdell Forensic Sciences Improvement Grant Program Special Conditions
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.
13. Justification of Consultant Rate
Approval of this award does not indicate approval of any consultant rate in excess of $650
per day. A detailed justification must be submitted to DCJ prior to obligation or expenditure
of such funds.
14. Environmental Laws
The grantee 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 grantee 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
chemicals or involve construction or major renovation. The grantee will not implement a
proposed change or new activity until NIJ, with the assistance of the grantee, has determined
whether the proposed change or 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.
2019-CD-BX-0016
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Federal Awards issued from 2019 Federal Grant Funds
2019 FEDERAL REQUIREMENTS
1. APPLICABILITY 3
2. Recipient 3
3. Ensuring Compliance of Subgrantees (subrecipients) 3
4. General Conditions 3
A. Requirements of the award; remedies for non-compliance or for materially false statements 3
B. Applicability of Part 200 Uniform Requirements 4
C. Compliance with DOJ Grants Financial Guide 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 Unique Entity Identifiers 5
H. Employment eligibility verification for hiring under the award — NEW 2019 6
I. Requirement to report actual or imminent breach of personally identifiable information (PII) 7
J. All subawards ("subgrants") and contracts must have DCJ authorization 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 —NEW
2019 8
M. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
requirements and OJP or OVW authority to terminate award) 9
N. Determination of suitability to interact with participating minors —NEW 2019 9
O. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings,
trainings, and other events 12
P. Requirement for data on performance and effectiveness under the award 12
Q. Training Guiding Principles 13
R. Effect of failure to address audit issues 13
S. Potential imposition of additional requirements 13
T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 13
U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 13
V. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38• 13
W. Restrictions on "lobbying" 14
X. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2019) 15
Y. Reporting potential fraud, waste, and abuse, and similar misconduct 16
Z. Restrictions and certifications regarding non -disclosure agreements and related matters 17
AA. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) 18
BB. Encouragement of policies to ban text messaging while driving 18
CC. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency —
NEW 2019 18
DD. Right to examine documents 19
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Federal Awards issued from 2019 Federal Grant Funds
EE. Maintaining contact information 19
FF. Required SAM and FAPIIS reporting 19
5. Financial Requirements 19
A. Non -supplanting of State and local funds 19
B. Awards in excess of $5,000,000 - Certification related to federal taxes 20
Misuse of award funds 20
D. Limitation on use of funds to approved activities 20
E. Consultant compensation rates 20
F. Employee compensation 20
6. Civil rights requirements associated with DOJ awards 20
A. Civil rights laws and nondiscrimination provisions 21
B. Providing Services to Limited English Proficiency (LEP) Individuals 21
C.
C. Ensuring Equal Treatment for Faith -Based Organizations and Safeguarding Constitutional Protections
Related to Religion 22
D. Ensuring Access to Federally Assisted Programs 22
E. Enforcing Civil Rights Laws 23
F. Using Arrest and Conviction Records in Making Employment Decisions 23
G. Complying with the Safe Streets Act 23
H. Meeting the EEOP Requirement 23
I. Meeting the Requirement to Submit Findings of Discrimination 24
J. Ensuring the Compliance of Subrecipients/Subgrantees 24
K. Certification 24
7. Recipients of OV W grant dollars ONLY 24
A. Availability of general terms and conditions on OVW website 24
B. Compliance with statutory and regulatory requirements 24
C. VAWA 2013 nondiscrimination condition 24
D. Confidentiality and information sharing 25
E. Activities that compromise victim safety and recovery and undermine offender accountability 25
F. Termination or suspension for cause 25
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Federal Awards issued from 2019 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 all 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 additional 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.
3. ENSURING COMPLIANCE OF SUBGRANTEES (SUBRECIPIENTS)
Grantee is responsible for notifying any subgrantee (subrecipient), issued under this grant, of all
provisions herein. Grantee is responsible for monitoring any subgrantee (subrecipient) for
compliance all the provisions herein.
4. GENERAL CONDITIONS
A. Requirements of the award; remedies for non-compliance or for materially false
statements
The conditions of this award are material requirements of the award. Compliance with any
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. By signing
and accepting this award on behalf of the recipient, the authorized recipient official accepts
all material requirements of the award, and specifically adopts all such assurances or
certifications as if personally executed by the authorized recipient official.
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 an assurance or
certification related to conduct during the award period -- may result in the Office of
Justice Programs ("OJP"), the Office on Violence Against Women (OVW), or the Division
of Criminal Justice (DCJ) taking appropriate action with respect to the recipient and the
award. Among other things, the OJP, OVW, or DCJ may withhold award funds, disallow
costs, or suspend or terminate the award. The U.S. Department of Justice ("DOJ"),
including OJP and OVW, and/or DCJ also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to
this award (or concealment or omission of a material fact) may be the subject of criminal
prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273),
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Federal Awards issued from 2019 Federal Grant Funds
and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable
by its terms, that provision shall first be applied with a limited construction so as to give it
the maximum effect permitted by law. Should it be held, instead, that the provision is
utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
B. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2
C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the
"Part 200 Uniform Requirements") apply to this award.
For more information and resources on the Part 200 Uniform Requirements as they relate
to OJP awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm, or the OVW website at
https://www.justice.gov/ovw/grantees.
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.
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
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. The recipient agrees to comply with the DOJ
Grants Financial Guide.
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 OJP awards (that is, OJP 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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Federal Awards issued from 2019 Federal Grant Funds
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(O, 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 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.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to
first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to
entities that do not acquire and provide (to the recipient) the unique entity identifier
required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are
posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm and OVW's
website https://www.justice.gov/ovw/grantees (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).
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Federal Awards issued from 2019 Federal Grant Funds
H. Employment eligibility verification for hiring under the award — NEW 2019
I. The recipient (and any subrecipient at any tier) must —
a. Ensure that, as part of the hiring process for any position within the United States
that is or will be funded (in whole or in part) with award funds, the recipient (or
any subrecipient) properly verifies the employment eligibility of the individual who
is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) 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
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Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility
for each hiring for a position in the United States that is or will be funded (in whole
or in part) with award funds.
c. "United States" specifically includes the District of Columbia, Puerto Rico, Guam,
the Virgin Islands of the United States, and the Commonwealth of the Northern
Mariana Islands.
d. Nothing in this condition shall be understood to authorize or require any recipient,
any subrecipient at any tier, or any person or other entity, to violate any federal law,
including any applicable civil rights or nondiscrimination law.
e. Nothing in this condition, including in paragraph 4.B., shall be understood to
relieve any recipient, any subrecipient at any tier, or any person or other entity, of
any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) 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-VerifyatE-
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).
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L. Unreasonable restrictions on competition under the award; association with federal
government — NEW 2019
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,
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.
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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 grantees,
subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as
"employees" of the grantee or of any subrecipient.
The details of the grantee's obligations related to prohibited conduct related to trafficking
in persons are posted on the OJP web site at
https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm or OVW web site at
https://www.justice.gov/ovw/grantees (Award condition: Prohibited conduct by grantees
and subrecipients related to trafficking in persons (including reporting requirements and
OJP or OVW authority to terminate award)), and are incorporated by reference here.
N. Determination of suitability to interact with participating minors — NEW 2019
SCOPE. This condition applies to this award if it is indicated -- in the application for the
award (as approved by DOJ) (or in the application for any subaward, at any tier), the DOJ
funding announcement (solicitation), or an associated federal statute -- that a purpose of
some or all of the activities to be carried out under the award (whether by the recipient, or
a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability
before certain individuals may interact with participating minors. This requirement applies
regardless of an individual's employment status.
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
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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
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);
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(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 FY 2019 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
(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):
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(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.
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
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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.
Recipients of OVW grant dollars only: Under the Government Performance and Results
Act (GPRA), VAWA 2000 and subsequent legislation grantees and subgrantees are
required to collect the information that is included on the Measuring Effectiveness
Progress Reports for the OVW Program under which this award is funded.
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://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm , or the
OVW Training Guiding Principles for Grantees and Subgrantees, available at
https://www.justice.gov/ovw/grantees#Resources.
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.
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),
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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"
In general, as a matter of federal law, federal funds awarded by DOJ may not be used by
the grantee, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to
support or oppose the enactment, repeal, modification, or adoption of any law, regulation,
or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an
applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Recipients of OVW grant dollars only:
The recipient, or any subrecipient ("subgrantee") may, however, use federal funds to
collaborate with and provide information to federal, state, local, tribal and territorial
public officials and agencies to develop and implement policies and develop and
promote state, local, or tribal legislation or model codes designed to reduce or
eliminate domestic violence, dating violence, sexual assault, and stalking (as those
terms are defined in 34 U.S.C. § 12291(a)) when such collaboration and provision of
information is consistent with the activities otherwise authorized under this grant
program.
Another federal law generally prohibits federal funds awarded by DOJ from being used by
the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to
influence) a federal agency, a Member of Congress, or Congress (or an official or
employee of any of them) with respect to the awarding of a federal grant or cooperative
agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as
renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain
exceptions to this law apply, including an exception that applies to Indian tribes and tribal
organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or
subrecipient) would or might fall within the scope of these prohibitions, the recipient is to
contact DCJ for guidance, and may not proceed without the express prior written approval
of DCJ and the DOJ awarding agency (OJP or OV W, as appropriate).
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X. Compliance with general appropriations -law restrictions on the use of federal funds
(FY 2019)
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, 2019, 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.
OVW funded grants only: Pertinent restrictions, for each fiscal year, are set out at
https://www.justice.gov/ovw/award-conditions (Award Condition: General appropriations -
law restrictions on use of federal award funds), and are incorporated by reference here.
These do not supersede any specific conditions in this award document.
Award Condition: Each recipient of a DOJ award made with FY 2019 funds, and any
subrecipient ("subgrantee") at any tier under a DOJ award made with FY 2019 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).
1. Restrictions applicable to all federal funds awarded with FY 2019 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.
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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
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 OJP 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 OJP.
d. ACORN and related organizations. Absent express prior written approval from
OJP, 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.
Y. Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the
DOJ Office of the Inspector General (O1G) any credible evidence that a principal,
employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection
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Federal Awards issued from 2019 Federal Grant Funds
with funds under this award-- (1) submitted a claim that violates the False Claims Act; or
(2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award
should be reported to the OIG by --(1) online submission accessible via the OIG webpage
at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2)
mail directed to: Office of the Inspector General, U.S. Department of Justice,
Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC
20530; and/or (3) by facsimile directed to the DOJ OIG Fraud Detection Office (Attn:
Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG
websiteat https://oig.justice.gov/hotline.
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
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"),
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Federal Awards issued from 2019 Federal Grant Funds
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 or DOJ awarding agency (OJP or OVW, as
appropriate) for guidance.
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 — NEW 2019
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
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Federal Awards issued from 2019 Federal Grant Funds
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:
I. 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 OV W, 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. Required SAM and FAPIIS reporting
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 FAPIIS within
SAM are posted on the OVW web site at: https://www.justice.gov/ovw/grantees#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 State or unit of local government 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
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Federal Awards issued from 2019 Federal Grant Funds
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.
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 Grantee hereby agrees that it will comply, and all of its subrecipients ("subgrantees") will
comply, with the applicable provisions of:
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Federal Awards issued from 2019 Federal Grant Funds
A. Civil rights laws and nondiscrimination provisions
States and units of local government, public and nonprofit institutions of higher education,
nonprofit organizations, for-profit businesses, and other recipients of DOJ grants may be
subject to various federal civil rights laws for reasons other than their receipt of DOJ
funds. Some examples include federal civil rights laws related to discrimination on the
basis of race, color, national origin, sex, religion, or disability.
Because a DOJ award is a form of "federal financial assistance," the recipients of a DOJ
award (and any "subrecipient" at any tier) must comply with additional civil -rights -related
requirements above and beyond those that otherwise would apply.
In general, these additional requirements fall into one of two categories:
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.htm
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. Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42
U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to
provide meaningful access to their programs and activities for persons with limited English
proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial
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Federal Awards issued from 2019 Federal Grant Funds
Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002).
For more information on the civil rights responsibilities that recipients have in providing
language services to LEP individuals, please see the website https://www.lep.gov.
C. Ensuring Equal Treatment for Faith -Based Organizations and Safeguarding
Constitutional Protections Related to Religion
The DOJ regulation, Partnerships with Faith -Based and Other Neighborhood
Organizations, 28 C.F.R. pt. 38, updated in April 2016, prohibits all grantee organizations,
whether they are law enforcement agencies, governmental agencies, educational
institutions, houses of worship, or faith -based organizations, from using financial
assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities
include worship, religious instruction, or proselytization. While funded organizations may
engage in non -funded explicitly religious activities (e.g., prayer), they must hold them
separately from the activities funded by the DOJ, and grantees cannot compel beneficiaries
to participate in them. The regulation also makes clear that organizations participating in
programs funded by the DOJ are not permitted to discriminate in the provision of services
on the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief,
or a refusal to attend or participate in a religious practice. Funded faith -based organizations
must also provide written notice to beneficiaries, advising them that if they should object
to the religious character of the funded faith based organization, the funded faith -based
organization will take reasonable steps to refer the beneficiary to an alternative service
provider. For more information on the regulation, please see the OCR's website at
https://ojp.gov/about/ocr/partnerships.htm.
SAAs and faith -based organizations should also note that the Omnibus Crime Control and
Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the
Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as
amended, 34 U.S.C. § 12291(b)(13), contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has
concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case -
by -case basis to permit some faith -based organizations to receive DOJ funds while taking
into account religion when hiring staff, even if the statute that authorizes the funding
program generally forbids recipients from considering religion in employment decisions.
Please consult with the OCR if you have any questions about the regulation or the
application of RFRA to the statutes that prohibit discrimination in employment.
D. Ensuring Access to Federally Assisted Programs
Federal laws that apply to recipients of financial assistance from the DOJ prohibit
discrimination on the basis of race, color, national origin, religion, sex, or disability in
funded programs or activities, not only in employment but also in the delivery of services
or benefits. A federal law also prohibits recipients from discriminating on the basis of age
in the delivery of services or benefits.
In March of 2013, President Obama signed the Violence Against Women Reauthorization
Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by
including a nondiscrimination grant condition that prohibits discrimination based on actual
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Federal Awards issued from 2019 Federal Grant Funds
or perceived race, color, national origin, religion, sex, disability, sexual orientation, or
gender identity. The new nondiscrimination grant condition applies to certain programs
funded after October 1, 2013. The OCR and the OVW have developed answers to some
frequently asked questions about this provision to assist recipients of VAWA funds to
understand their obligations. The Frequently Asked Questions are available at
https://ojp.gov/about/ocr/vawafaqs.htm.
E. Enforcing Civil Rights Laws
All recipients of federal financial assistance, regardless of the particular funding source,
the amount of the grant award, or the number of employees in the workforce, are subject to
prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients
that are the subject of discrimination complaints from both individuals and groups. In
addition, based on regulatory criteria, the OCR selects a number of recipients each year for
compliance reviews, audits that require recipients to submit data showing that they are
providing services equitably to all segments of their service population and that their
employment practices meet equal opportunity standards.
F. Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and
conviction records in making hiring decisions. See Advisory for Recipients of Financial
Assistance from the U.S. Department of Justice on the U.S. Equal Employment
Opportunity Commission's Enforcement Guidance: Consideration of Arrest and
Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of
1964 (June 2013), available at
https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be
mindful that the misuse of arrest or conviction records to screen either applicants for
employment or employees for retention or promotion may have a disparate impact based
on race or national origin, resulting in unlawful employment discrimination. In light of the
Advisory, recipients should consult local counsel in reviewing their employment practices.
If warranted, recipients should also incorporate an analysis of the use of arrest and
conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below).
G. 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)).
H. 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,
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Federal Awards issued from 2019 Federal Grant Funds
you may request technical assistance from an ESOP specialist at the OCR by telephone at
(202) 616-1771 or by e-mail at EEOPforms@usdoj.gov.
I. Meeting the Requirement to Submit Findings of Discrimination
If in the three years prior to the date of the grant award, your organization has received an
adverse finding of discrimination based on race, color, national origin, religion, or sex,
after a due -process hearing, from a state or federal court or from a state or federal
administrative agency, your organization must send a copy of the finding to the OCR.
J. 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.
K. 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://www.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.
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.
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Federal Awards issued from 2019 Federal Grant Funds
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 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. 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.
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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
prussel1@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
DocuSgoed by. presented and my responsibilities as a grantee that I will contact my grant manager.
ParuA,
red, 02/22/2021
7C7CD10000DSIC7_.
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 govemment 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)
2/25/2021 Review and sign document(s) I DocuSign
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OK
CLOSE
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
S25,000 in federal U.S. Department of,lustice fiends.
Therefore. I hereby certify that this funded entity is not required to maintain an EE OI , pursuant to 28 C'I R §42
is required to submit a Certification (httus:lioto.ilov about' )crlceop.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 ( .ounting
and part -tints; employees but excluding political appointees) and is receiving, through this single grant award fr
Colorado .Division of Criminal Justice, more than $25,000, in federal. U.S. Department of Justice funds.
Therefore, l hereby certify that th:e funded entity will prepare and submit an ESOP and Certification at
hiIps://oira.zovia boutioc.r/evop.htut within 60 day; ofthe award. The E:EOP shall be submitted in accorda.nec
C::FR §42, subpart E, to Office for Civil Rights, Office of Justice Programs, U.S.. (Department ofJustice that wi.l
section specifically analyzing the grantee (implementing) agency. (If you have already submitted an ESOP apt:
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 .hove grintce, I certify, by my signature below, that I have react and anti fully co.
duties and responsibilities under this Certification.. 1, hereby, tilso. certify that the content of this fort, other than the da
required, has not been altemcl..
r—o«uSiconed by:
gum_ M.evthe
E'74Et0ru.ti,04 4 4
SIGNATURE AUTHORITY SIGNATURE DATE
02/24/2021
Steve nmreno
chair
TYPED NAME TITLE
* * e * * * * *
This signed .,l m MUM be returned to The Colorado Division crf'Criminal Justice, 700 kip ing,, Ste. 1000, Denver. CO
within 45 data of the grant award beginning date. You must also fin -ward a signed copy to the person identified in the
above.
Page 2 of 2
DC.20 _v12 (Rev.
https://na3.docusign.net/Signing/?ti=b036f4400b46490a8cd4db9ff9e7154e 1/1
New Contract Request
-Enti
❑ New Entity?
Entity Name* _ _ ..
COLORADO DEPARTMENT OF PUBLIC
SAFTEY
Contract Name*
ib(TENSION FOR REGIONAL LAB - COVERDELL FORMULA
GRANTIFOR FY2020 TRAINING
Contracf Status
CTB REVIEW
Entity ID*
@00032914
Contract ID
4507
Contract Lead*
DFORD
Parent Contract ID
3640
Requires Board Approval
YES
Contract Lead Email Department Project #
dfordOweldgov.com;skoh lgr
af@weldgov.com
Contract Description*
DUE TO C.OVID19 NOT ALL FUNDS WERE SPENT. THIS IS AN EXTENSION ROST
r:
Contract Description 2
Contract Type*
GRANTa,
Amount*
$1x7,;01;4.00::..::
Renewable*
Autornatic Renewal
Grant
IGA
Department
SHERIFF
Department Email
CM-Sheriffgwe ldgov.com
Department Head Email
CM-Sheriff-
DeptHearkzvveldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTO RN EY@WELDG
OV. COM
Requested BOCC Agenda
Date*
02/24/2021
Due Date
02/20/2021
Will a work session with BOCC be required?*
NO
•
Does Contract require Purchasing Dept. to be'incfuded?
If this is a renewal enter previous Contract ID
if this is part of a (ASA enter MSA 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
05/01/2021
Termination Notice Period
Cornrnitted Delivery Date
Expiration Date*
06/30/2021
Contact Ilnformation.
Contact 'Info
Contact Name
Purchasing Approver
Purchasing Approved Date
Approval Process:
Department Head
'D:ONNIE PATCH
DH Approved Date
!:;027,22/2021., .
Firlal,ApprOi0
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
02'24/2021
Originator
SKOHLGRAF
Contact Type
Contact Email
Finance Approver
CHRIS D'OV1D1O
Finance Approved Date
02/22/2021
Contact Phone 1
Contact Phone 2
Tyler Ref #
AG 022421
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
02/22/2021
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