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Home My WebLink About20213045.tiffRESOLUTION RE: APPROVE GRANT AWARD LETTER AND SUMMARY OF GRANT AWARD TERMS AND CONDITIONS FOR 2020-2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR BODY WORN CAMERA PURCHASES 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 a Grant Award Letter and Summary of Grant Award Terms and Conditions for the 2020-2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Program for Body Worn Camera Purchases between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the Colorado Department of Public Safety, Division of Criminal Justice, commencing October 1, 2021, and ending September 30, 2022, with further terms and conditions being as stated in said grant award letter and summary of grant award terms and conditions, and WHEREAS, after review, the Board deems it advisable to approve said grant award letter and summary of grant award terms and conditions, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Grant Award Letter and Summary of Grant Award Terms and Conditions for the 2020-2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Program for Body Worn Camera Purchases between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the Colorado Department of Public Safety, Division of Criminal Justice, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to electronically sign and submit said grant award letter and summary of grant award terms and conditions. Cc ..s0($O, p cT(gc/cD) II/S/2I 2021-3045 SO0042 GRANT AWARD LETTER AND SUMMARY OF GRANT AWARD TERMS AND CONDITIONS FOR 2020-2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR BODY WORN CAMERA PURCHASES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of October, A.D., 2021, nunc pro tunc October 1, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d,„m,,A) v'CIlD•� Weld County Clerk to the Board BY: APP County Attorney Date of signature: I 1 /a3/ _ Stevo, Chair Scdtt K. James, Pro -Tern Lori Saine 2021-3045 SO0042 Corf voac4-i Diat3 (oZ BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: JAG 2019 DJ -21-01-103-1 award acceptance for Body Worn Camera Purchase for Jail and Court Divisions DATE: 10-21-2021 PERSON REQUESTING: Sonja Kohlgraf, WCSO's Budget Manager Brief description of the problemlissue: The WC Sheriffs Office requests approval to accept the Dept of Public Safety, Division of Criminal Justice funding of $200,000 and for the Chair to the Board to sign the award in DocuSign This funding will be used to cover a portion of the first year's Body Worn Camera with Utility Associates Inc. for the additional 281 BWCs that the WCSO will purchase to outfit their Jail and Court Division. Utility is the existing vendor that was selected through the required contract bidding process when the Patrol BWCs were purchased. Utility's current proposal/quote has a start date of 2/1/2022 and ends on 5/31/2025 to align with the already existing contract for Patrol. The current quote is $885,560 for the 40 months, broken out as follows: $241,001 1st Year $214,853 for each following year. The $200,000 award will be applied to the 1st year's cost of $241,001. The implementation of BWCs will allow the WCSO to comply with SB20-217 and HB 21-1250. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Approve to accept the award in the amount of $200,000 from the Justice Assistance Grant Program and send approval via DocuSign. • Deny the grant award. This will lead to increased general fund dollars to implement the required BWC implementation. • Schedule a work session to discuss further. Recommendation: • Approve the grant funding acceptance and submit acceptance via DocuSign by the Board Chair. Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Approve Schedule Recommendation Work Session Other/Comments: 2021-3045 I Of ZSb 00 2 DocuSign Envelope ID: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 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 -DJ -21-01-103-1 Grantee Weld County Grantee DUNS 075757955 Is this Award for Research and Development (R&D)? No Grant Issuance Date (Start Date) October 1, 2021 Grant Amount Federal Award #2019-MU-BX-0080: $200,000 Total for all Funding Sources: $200,000 Grant Expiration Date (End Date) September 30, 2022 Grant Authority The Division of Criminal Justice is authorized to disburse these funds by Colorado Revised Statute 24-33.503 and 507. Local Match Amount Total Match Amount: $0 Match Percentage Required: 0% Grant Description The Weld County Sheriff's Office is seeking JAG2021 funding to purchase, deploy and implement up to 281 body worn cameras (BWCs) for its jail, court and admin officers and waypoints which are wireless offload/storage units. The goal is that officers wear the BWCs which in turn can help ensure that public expectations are met with Office review of BWC videos, dissemination and discussion. Colorado Senate Bill 20-217 now requires all law enforcement agencies to implement BWC systems when a "contact" is initiated or use of force is anticipated by a law enforcement officer. Grant Purpose The Justice Assistance Grant (JAG) Board selected grantee for award. The federal Justice Assistance Grant Program (JAG) allows agencies to support a broad range of activities to prevent and control crime based on their own local needs. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Grant: 1. Exhibit Al, Sample Option Letter 2. Exhibit A2, Grant Funding Change Letter 3. Exhibit B, Grant Requirements 4. Exhibit C, Special Conditions 5. Exhibit D, Federal Requirements 6. Exhibit E, Statement of Work 7. Exhibit F, Budget In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Exhibit C, Special Conditions 2. The provisions of the other sections of the main body of this Grant 3. Exhibit D, Federal Requirements 4. Exhibit B, Grant Requirements 5. Exhibit E, Statement of Work 6. Exhibit F, Budget Page 1 of 14 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 0F49BB1E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD Federal Award Office U.S. Department of Justice (US DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) Grant Program Justice Assistance Grant (JAG) Program CFDA 16.738 - Edward Byrne Memorial Justice Assistance Grant Program Federal Award Number(s) 2019-MU-BX-0080 Federal Award Date 10/01/2018 Federal Award End Date * 9/30/2022 Federal Statutory Authority This project is supported under FY19 (BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a). Total Amount of Federal Award (this is not the amount of this grant agreement) $2,855,288 * 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. Page 2 of 14 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 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. DocuSigned by: c GRANTEE Weld County E74B8D8083D44A 'By: Steve Moreno, Chair Board of County Commissioners 10/27/2021 I 12:01:35 PM MDT Date: STATE OF COLORADO Jared S. Polis, Governor Department of Public Safety Stan Hilkey, Executive Director DocuSigned by: C ,4Ds4oezBy division of Criminal Justice O Joe Thome, Director, or X Debbie Oldenettel, Deputy Director 10/29/2021 15:31:02 AM PDT 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 DocuSigned by: 4t.4 2 61014.61 osuesr oo. By: Lyndsay J. Clel and;" 'ontruacia id Grant Coordinator, Division of Criminal Justice 10/29/2021 I 8:12:17 AM MDT Effective Date: Page 3 of 14 DPA Version 0919 (DCJ 1.1 09/10/2020) 070 ,21, (� DocuSign Envelope ID: 0F49BB1E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 TABLE OF CONTENTS SUMMARY OF GRANT AWARD TERMS AND CONDITIONS 1 FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD 2 SIGNATURE PAGE 3 1. GRANT 4 2. TERM 4 3. DEFINITIONS 5 4. STATEMENT OF WORK 8 5. PAYMENTS TO GRANTEE 8 6. REPORTING - NOTIFICATION 9 7. GRANTEE RECORDS 10 8. CONFIDENTIAL INFORMATION -STATE RECORDS 10 9. CONFLICTS OF INTEREST 12 10. INSURANCE 12 11. REMEDIES 12 12. DISPUTE RESOLUTION 12 13. NOTICES AND REPRESENTATIVES 12 14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 12 15. GOVERNMENTAL IMMUNITY 13 16. GENERAL PROVISIONS 13 EXHIBIT Al, SAMPLE OPTION LETTER 1 EXHIBIT A2, GRANT FUNDING CHANGE LETTER 1 EXHIBIT B, GRANT REQUIREMENTS 1 EXHIBIT C, SPECIAL CONDITIONS 1 EXHIBIT D, FEDERAL REQUIREMENTS 1 EXHIBIT E, STATEMENT OF WORK 1 EXHIBIT F, BUDGET 1 1. GRANT As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter (the "State") hereby obligates and awards to Grantee shown on the first page of this Grant Award Letter (the "Grantee") an award of Grant Funds in the amounts shown on the first page of this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award Letter. 2. TERM A. Initial Grant Term and Extension The Parties' respective performances under this Grant Award Letter shall commence on the Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Grant Award Letter. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award Letter in accordance with §16.D. Page 4 of 14 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 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 Page 5 of 14 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 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. Page 6 of 14 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 0F49BB1E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 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 Page 7 of 14 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. GG. "Work" means the delivery of the Goods and performance of the Services described in this Grant Award Letter. HH. "Work Product" means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. "Work Product" does not include any material that was developed prior to the Grant Issuance Date that is used, without modification, in the performance of the Work. Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. STATEMENT OF WORK Grantee shall complete the Work as described in this Grant Award Letter and in accordance with the provisions of Exhibit E and Exhibit F. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Grant Award Letter. 5. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount shown on the first page of this Grant Award Letter. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Grant Issuance Date or after the Grant Expiration Date; provided, however, that Work performed and expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active Federal Award may be submitted for reimbursement as permitted by the terms of the Federal Award. B. Federal Recovery The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below. C. Reimbursement of Grantee Costs The State shall reimburse Grantee's allowable costs, not exceeding the maximum total amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the Budget, except that Grantee may adjust the amounts between 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 Page 8 of 14 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 the Federal share of properly documented allowable costs related to the Work after the State's review and approval thereof, subject to the provisions of this Grant. The State shall only reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). D. Close -Out. Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Grant Award Letter and Grantee's final reimbursement request or invoice. The State will withhold funds until all final documentation has been submitted and accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal Award within 1 year and 90 days after the Grant Expiration Date due to Grantee's failure to submit required documentation, then Grantee may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. E. Matching Funds. Grantee shall provide the Local Match Amount shown on the first page of this Grant Award Letter and described in Exhibit F (the "Local Match Amount"). Grantee does not by accepting this Grant Award Letter irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant Award Letter is not intended to create a multiple -fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee's laws or policies. 6. REPORTING - NOTIFICATION A. Quarterly Reports. In addition to any reports required pursuant to any other Exhibit Grantee shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Grant Award Letter. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than five Business Days following the end of each calendar quarter or at such time as otherwise specified by the State. B. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out described in §5.E, containing an evaluation and review of Grantee's performance and the final status of Grantee's obligations hereunder. C. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. Page 9 of 14 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 0F49BB1E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 7. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following date of submission to the State of the final expenditure report. Grantee shall permit the State and any duly authorized federal agency to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee's office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. If any litigation, claim, or audit related to this Grant Award Letter starts before expiration of the Record Retention Period, the Record Retention Period shall extend for a period of three years following the resolution and final action of all litigation, claims, or audit findings. The State, may notify Grantee in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. B. Monitoring The State will monitor Grantee's performance of its obligations under this Grant Award Letter using procedures as determined by the State. Grantee shall allow the State to perform all monitoring required based on the State's risk analysis of Grantee. The State and any duly authorized federal agency shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee's performance in a manner that does not unduly interfere with Grantee's performance of the Work. If Grantee enters into a subcontract or subgrant with an entity, then the subcontract or subgrant entered into by Grantee shall contain provisions permitting both Grantee and the State to perform all monitoring of that Subcontractor Subgrantee. C. Final Audit Report Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee's records that relates to or affects this Grant or the Work, whether the audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform a single audit under 2 CFR 200.501, et. seq., then Grantee shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government. 8. CONFIDENTIAL INFORMATION -STATE RECORDS A. Confidentiality Grantee shall hold and maintain, and cause all Subgrantees and Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publically available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee's own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated 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 Page 10 of 14 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 0F49BB1E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 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 Page 11 of 14 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 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, Page 12 of 14 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 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, Page 13 of 14 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 0F49BB1E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. F. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. G. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. H. Severability The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or enforceability of any other provision of this Grant Award Letter, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. I. Survival of Certain Grant Award Letter Terms Any provision of this Grant Award Letter that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. J. Third Party Beneficiaries Except for the Parties' respective successors and assigns described above, this Grant Award Letter does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. K. Waiver A Party's failure or delay in exercising any right, power, or privilege under this Grant Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any 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. Page 14 of 14 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 0F49BB1E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 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 A 1 Page 1 of 1 DocuSign Envelope ID: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 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: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 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: If your entity expended $750,000 or more in Federal funds (from all sources including pass -through subawards) in your organization's fiscal year (12 -month turnaround reporting period), your organization is required to arrange for a single organization -wide audit conducted in accordance with the provisions of Title 2 C.F.R. Subpart F (§ 200.500 et seq.) ii. If your entity expends less than $750,000 in Federal funds (from all sources including pass -through subawards) in your organization's fiscal year (12 -month turnaround reporting period), your organization is required to arrange for either an audit or financial review as follows: a) Grantees that have revenue greater than $300,000 from all sources during the entity's fiscal year are required by DCJ to obtain a financial audit b) Grantees that have revenue less than $300,000 from all sources during the entity's fiscal year are required by DCJ to obtain a financial audit or financial review. A compilation is not sufficient to satisfy this requirement. C. Report/Audit Costs: The Grantee accepts responsibility for the costs of a financial program audit to be performed by the Department of Public Safety in the event that the audit report or financial review: i. does not meet the applicable federal audit or DCJ standards; ii. is not submitted in a timely manner; or, iii. does not provide an audit response plan with corresponding corrections made sufficient to satisfy any audit findings. Exhibit B Page 1 of 2 DocuSign Envelope ID: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 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: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 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. © 2019 Justice Assistance Grant (JAG) Special Conditions Exhibit C Page 1 of 1 DocuSign Envelope ID: OF49BB1E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 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: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 EXHIBIT E, STATEMENT OF WORK The Statement of Work contained within the DocuSign Envelope is incorporated herein. The remainder of the page is blank. Exhibit E Page 1 of 1 DocuSign Envelope ID: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 EXHIBIT F, BUDGET The Budget contained within the DocuSign Envelope is incorporated herein. The remainder of the page is blank. Exhibit F Page 1 of 1 DocuSign Envelope ID: 0F49BB1E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DI -21-01-103-1 EXHIBIT E — STATEMENT OF WORK Project Summary The Weld County Sheriff's Office is seeking JAG2021 funding to purchase, deploy and implement up to 281 body worn cameras (BWCs) for its jail, court and admin officers and waypoints which are wireless offload/storage units. The goal is that officers wear the BWCs which in turn can help ensure that public expectations are met with Office review of BWC videos, dissemination and discussion. Colorado Senate Bill 20-217 now requires all law enforcement agencies to implement BWC systems when a "contact" is initiated or use of force is anticipated by a law enforcement officer. The project goal is measured by documenting the number of contacts per the requirements of SB20-217 and through video from the BWC. The purchase and implementation of the BWCs for the Weld County Sheriffs Office court unit officers meets the 2020 JAG goal by providing a resource that will address crime and improve outcomes for those affected by crime. Project Plan This proposed project will equip Courts, Jail and Admin Deputies with body worn cameras. Data that will be collected largely centers on anticipated uses of force. As such, training can be specified toward uses of force as the need arises. When appropriate, exemplary de-escalation techniques will be highlighted and disseminated within the agency toward improvement for all. As stated previously, the window of opportunity for local funding was missed, because this mandate came late in the year (2020). Also, as the mandatory implementation period is fast approaching, there's little time to implement a full request for proposal, training and deployment process absent this funding opportunity. If approved, this project can almost immediately be implemented as we have a current contract with Utility for our Patrol Division. There would be a potential delay with receiving the equipment (many components are manufactured overseas), and training of a whole Division. Installation of the waypoint, (individual) account setup and coordination with other County entities (information technology) will be considered as well. Overall responsibility for this project rests with the grant application author, the Administration Captain. Daily management of the project will be directed by the current Body Worn Camera Manager, a deputy level position in the agency. Potentially, an additional BWC Manager may be assigned if workload is untenable for one individual. Challenges throughout the grant period will be evaluated on a bi-monthly basis, looking for additional equipment needs or changes in practice. For the future of this program, as mandated by SB20-217, local funding would necessarily be requested for long term viability. Exhibit E - Page 1 of 2 DocuSign Envelope ID: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DI -21-01-103-1 Goals & Outcomes GOAL 1 Goal The goal for this project relates to "anticipated use of force" in a courts and jail setting. As per SB20-217, these events are required to be captured via body worn camera when deputies are "performing a task that requires an anticipated use of force, including cell extractions and restraint chairs." By collecting the data associated with these events, different strategies can be used to possibly mitigate future like incidents or improved upon. It is believed that during these type of incidents, 100% would have to be documented via video. Outcome 1.1 Outcome Compliance with SB 20-217. By collecting the data associated with these events, different strategies can be used to possibly mitigate future like incidents or improved upon. It is believed that during these type of incidents, 100% would have to be documented via video. Measurement Count of use of force in the court. Timeframe Starting the count once the jail and court officers are equipped with the BWCs. Exhibit E - Page 2 of 2 DocuSign Envelope ID: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Personnel Supplies & Operating Travel Equipment Consultants / Contracts Indirect Total Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 Exhibit F — Budget Budget Summary Requested/Awarded Grant Funds $0 $200,000 $0 $0 $0 $0 $200,000 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 $200,000 $0 $0 $0 $0 $200,000 Personnel: Budget & Budget Narrative Details Position Title Annual Annual %To Be Annual Annual %To Be Total Total Base Base Salary Base Salary Paid By Fringe Fringe To Paid By Annual Salary+ To Be Paid Grant Be Paid Grant Base Salary Fringe To By Grant Funds By Grant Funds +Fringe Be Paid By Funds Funds Grant Funds OT- OT -Annual OT- OT - Annual Base Salary Annual Annual Base To Be Paid Fringe Fringe To Salary By Grant Be Paid Funds By Grant Funds Total To Be Paid By Grant Funds (including overtime) NA Budget Narrative and Justification: $0 $0 0% $0 $0 0% $0 $0 $0 $0 $0 $0 $0 Personnel Total: $0 $0 0% SO $0 0% SO SO $0 SO $0 SO SO Non -Personnel: Budget & Budget Narrative Details Budget Item Amount To Be Paid By Grant Funds Budget Narrative and Justification SUPPLIES & OPERATING Body -Worn Camera Package $200,000 NEEDS TO CHANGE - Total quote from Utility is $948,785 to implement a Supplies & Operating Total $200,000 BWC package for 281 additional BWCs. The price/quote is broken out over 3 years and 7 months and includes BWCs, hardware and service plus storage. The 1st year's service fee is $268,497 and the grant funding will cover $200,000 of it with the remainder covered by local funds. Please find detailed quote attached. TRAVEL NA $0 Travel Total $0 EQUIPMENT NA $0 Equipment Total $0 Exhibit F - Page 1 of 2 DocuSign Envelope ID: OF49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 Grantee: Weld County Project: Body Worn Camera Purchase for Jail and Court Divisions DCJ Grant #: 2019 -DJ -21-01-103-1 CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES) NA $0 Consultants/Contracts Total $0 INDIRECT NA $0 Indirect Total $0 Total Non -Personnel $200,000 Exhibit F - Page 2 of 2 DocuSign Envelope ID: 0F49BBIE-BD9B-48FE-BE64-85A4FCCA5306 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: Sonja Koh I g rat P HONE: Person responsible for reporting civil rights findings of discrimination: (Name, address, phone & email) 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 presented and my responsibilities as a grantee that I will contact my grant manager. PROJECT DIRECTOR SIGNATURE DATE SIGNATURE AUTHORITY'S CERTIFICATION: As the Signature Authority for the above Grantee, I certify, by my signature on page two (2), that I have read and am fully cognizant of our duties and responsibilities under this Certification. I. REQUIREMENTS OF GRANT RECIPIENTS: All grant recipients (regardless of the type of entity or the amount awarded) are subject to prohibitions against discrimination in any program or activity, and must take reasonable steps to provide meaningful access for persons with limited English proficiency. ♦I certify that this agency will maintain data (and submit when required) to ensure that: our services are delivered in an equitable manner to all segments of the service population; our employment practices comply with Equal Opportunity Requirements, 28 CFR 42.207 and 42.301 et seq.; our projects and activities provide meaningful access for people with limited English proficiency as required by Title VI of the Civil Rights Act, (See also, 2000 Executive Order #13166). ♦I also certify that the person in this agency or unit of government who is responsible for reporting civil rights findings of discrimination will submit these findings, if any, to the Division of Criminal Justice within 45 days of the finding, and/or if the finding occurred prior to the grant award beginning date, within 45 days of the grant award beginning date. Page 1 of 2 DCJ30_v12 (Rev. 02/20) DocuSign Envelope ID: 0F49BB1 E-BD9B-48FE-BE64-85A4FCCA5306 DCJ FORM 30: CERTIFICATION OF COMPLIANCE WITH REGULATIONS, OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF JUSTICE (Continued) II. EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) CERTIFICATIONS: Check the box before ONLY ONE APPROPRIATE CERTIFICATION (A, or B below) that applies to this grantee agency during the period of the grant duration noted above. CERTIFICATION "A" [Applicable, if (1), (2) or (3), below, apply.] This is the Certification that most non -profits and small agencies will use. Check all that apply to your entity. This funded entity: (1) is an educational, medical or non-profit organization or an Indian Tribe; (2) has less than 50 employees; (3) was awarded through this single grant award from the Colorado Division of Criminal Justice less than $25,000 in federal U.S. Department of Justice funds. Therefore, I hereby certify that this funded entity is not required to maintain an EEOP, pursuant to 28 CFR §42.302, but is required to submit a Certification (https://oip.gov/about/ocr/eeop.htm). CERTIFICATION "B" (Applicable to all entities that do not qualify for Certification "A" above) This funded entity, as a for-profit entity or a state or local government having 50 or more employees (counting both full - and part-time employees but excluding political appointees) and is receiving, through this single grant award from the Colorado Division of Criminal Justice, more than $25,000, in federal U.S. Department of Justice funds. Therefore, I hereby certify that the funded entity will prepare and submit an EEOP and Certification at https://ojp.gov/about/ocr/eeop.htm, within 60 days of the award. The EEOP shall be submitted in accordance with 28 CFR §42, subpart E, to Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice that will include a section specifically analyzing the grantee (implementing) agency. (If you have already submitted an EEOP applicable to this time period, send a copy of the letter received from the Office for Civil Rights showing that your EEOP is acceptable.) As the Signature Authority for the above grantee, I certify, by my signature below, that I have read and am fully cognizant of our duties and responsibilities under this Certification. I, hereby, also certify that the content of this form, other than the data entry required, has not been altered. SIGNATURE AUTHORITY SIGNATURE DATE TYPED NAME TITLE * * * * * * * * * * This signed form must be returned to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO 80215, within 45 days of the grant award beginning date. You must also forward a signed copy to the person identified in the box above. Page 2 of 2 DCJ30_v12 (Rev. 02/20) New Contract Request Entity Information Entity Name* Entity ID* THE DIVISION CF CRIMINAL JUSTICE 3'00035241 Contract Name* 2020-2021 EDWARD BYRNE MEMORIAL JUSTACE ASSISTANCE GRANT AWARD Contract Status CTB REVIEW New Entity? Contract ID 5362 Contract Lead* SKAN ETA Contract Lead Email skanetaco.weld.co. us; skoh ig raf@weidgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* GRANT FUNDING OF $200K TO PURCHASE AN ADDT 281 BWCS - WILL COVER A PORTION OF THE 1ST YEAR'S BWC COST AND SERVICE FEE Contract Description 2 JAG 2019 DJ -21-01-103-1 Contract Type* GRANT Amount* 5200,000.00 Renewable* NO Automatic Renewal ent SHERIFF Department Email CM -Sheriff weidgov.com Department Head Email CM-Sheriff- DeptHeadgweldgov.corn County Attorney GENERAL COUNTY A I 1 ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORN EY.? WELDG OV.COM If this is a ren ° ' enter evtous. Contract ID Requested BOCC Agenda Date* 10;'25,32021 Due Date 10,21 2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? ti this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* 10f01r'2022 Renewal Date Termination Notice Period Expiration Date* 12'31)2022 Contact Inforniatio Contact Info Contact Name hasing Approval Process Department Head DONNIE PATCH DH Approved Date 10'22'2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/27;2021 Originator SKOHLGRAF Contact Type Contact Email Finance Approver CHRIS D'OVID$O Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 10)22, 20.21 Tyler Ref # AG 102721 Legal Counsel KARIN MCDOUGAL Legal Counsel •-►�r 10 22,'2021 t Hello