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Home My WebLink About20213089.tiffRESOLUTION RE: APPROVE AWARD LETTER AND INTERGOVERNMENTAL AGREEMENT FOR 2020-2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR PURCHASE OF 3 -DIMENSIONAL FORENSIC SCENE RECONSTRUCTION SCANNER AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Award Letter and Intergovernmental Agreement for the 2020-2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Program for the Purchase of a 3 -Dimensional Forensic Scene Reconstruction Scanner 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 Colorado Department of Public Safety, Division of Criminal Justice, Office of Adult and Juvenile Justice Assistance, commencing October 1, 2021, and ending September 30, 2022, with further terms and conditions being as stated in said grant award and agreement, and WHEREAS, after review, the Board deems it advisable to approve said grant award and intergovernmental, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Award Letter and Intergovernmental Agreement for the 2020-2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Program for the Purchase of a 3 -Dimensional Forensic Scene Reconstruction Scanner 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, Office of Adult and Juvenile Justice Assistance, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair, be, and hereby is, authorized to electronically sign and submit said grant award and agreement. cc:So(s►c),AcT(D) 12/03/2( 2021-3089 SO0042 AWARD LETTER AND INTERGOVERNMENTAL AGREEMENT FOR 2020-2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR PURCHASE OF 3 -DIMENSIONAL FORENSIC SCENE RECONSTRUCTION SCANNER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of November, A.D., 2021, nunc pro tunc October 1, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d 1 &cc jeL:ii Weld County Clerk to the Board BY: Deputy Clerk to the Board APP' . V/' D AS County Attorney Date of signature: )1/1542 Steve oreno, Chair Scmes, Pro-Tem ry L. Bu Lori Sain 2021-3089 SO0042 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Competitive 2021 Justice Assistance Grant (JAG) Award for 3D Crime Scene Scanner DEPARTMENT: Sheriffs Office DATE: 10/28/2021 PERSON REQUESTING: Sonja Kohlgraf, WCSO's Budget Manager Brief description of the problem/issue: The WC Sheriffs Office requests approval to accept the Dept of Public Safety, Division of Criminal Justice funding of $62,890 and for the Chair to the Board to sign the award in DocuSign. The funding will be used to purchase a Forensic 3D Scanner with reporting and diagramming software, maintenance and warranty for one year and onsite training. The 3D forensic scanner has the ability to scan a crime scene and records 45 million data points versus 250 data points using our current and very manual method (digital photography, videos). The data recreates the crime scene and the software can analyze blood patterns and reconstruct shooting incidents. The high -quality reports and 3D images will be used for crime scenes analytics, forensic investigations and court reporting. The implementation of this equipment will create cost savings in form of less hours spent on a crime scene for the entire team, enhancement in court presentation and increased accuracy in capturing the details of a crime scene. The SO Investigations Unit is also planning to utilize the machine for team trainings. Future year maintenance contract estimated at $8,200 What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Approve to accept the award in the amount of $62,890 from the Justice Assistance Grant Program and send approval via DocuSign. • Deny the grant award. This will forego the opportunity to apply advanced technology to the crime scene data recording which makes the work more efficient and accurate (less staff hours spent and better data). • Schedule a work session to discuss further. Recommendation: The proposal has been reviewed by Sheriff Reams and is recommended for approval. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine v t0tf lJa 2021-3089 // 50064 Karla Ford From: Sent: To: Subject: Absolutely Very cool Perry Buck Thursday, October 28, 2021 1:47 PM Karla Ford; Lori Saine RE: Please Reply - PA request for the 2021 JAG Award for 3D Forensic Scanner Perry L Buck Weld County Commissioner at Large Weld County 1 151 "C" Street Greeley, CO 80631 970-400-4206 (Work) 970-537-2377 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communicatiion or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weldgov.com> Sent: Thursday, October 28, 2021 10:25 AM To: Perry Buck <pbuck@weldgov.com>; Lori Saine <lsaine@weldgov.corn> Subject: Please Reply - PA request for the 2021 JAG Award for 3D Forensic Scanner Importance: High Please advise if you approve recommendation. Thank you. Karla Ford X Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: ktord a,weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:OOa.m,-5:00p.m.** s.%<, • a.... ..,w s: atea44.d4^mvnwoe wwasp rtij•4 K . Y Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure, if you have received this communication in error, please 1 Karla Ford From: Sent: To: Cc: Subject: Attachments: Yes Lori Saine Thursday, October 28, 2021 10:35 AM Karla Ford Perry Buck Re: Please Reply - PA request for the 2021 JAG Award for 3D Forensic Scanner image002 jpg; image001.jpg; image004.png; PA for JAG2021 Award 3D Crime Scene Scanner.doc; 10-28-2021 Partially signed Award DCJ_Grant^-JAG 2019 -DJ -21-01-15-1_ 3 D_Forenp.pdf Sent from my iPhone On Oct 28, 2021, at 12:25 PM, Karla Ford <kfordweldgov.com> wrote: Please advise if you approve recommendation. Thank you. Karla Ford Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford c ..we1dgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Sonja Kohlgraf <skohlgrafweldgov.com> Sent: Thursday, October 28, 2021 10:18 AM To: Karla Ford <kford@weldgov.corn> Subject: PA request for the 2021 JAG Award for 3D Forensic Scanner Hello Karla, Please find the PA request for the 2021 JAG award (3D Crime Scene Scanner Project) and the grand award letter attached. Thank you, Sonja Kohlgraf, MBA Budget Manager Weld County Sheriff s Office Ph: 970-400-2872 I DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FB63 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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 -21-01-15-1 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: $62,890 Total for all Funding Sources: $62,890 Grant Expiration Date (End Date) September 30, 2022 Grant Authority The Division of Criminal Justice is authorized to disburse these funds by Colorado Revised Statute 24-33.503 and 507. Local Match Amount: $0 Total Match Amount: $0 Match Percentage Required: 0% Grant Description The goal of this project is to increase both efficiency and effectiveness of the Weld County Sheriffs Office Investigation Unit by collecting data and preparing crime case reports faster, utilizing a real time 3D scanning method. The 3D forensic scanner and its software will minimize base investigation costs by utilizing automated data processing and by capturing millions of measurable data points in a matter of seconds. The high -quality and precise data can be converted into reports which in turn can be shared and utilized for collaboration internally, with the District Attorney's Office and other law enforcement agencies. The goals will be measured by work hours spent at the scene, using the 3D forensic scanner and comparing it to the current manual method used. The project addresses the 2021 Colorado JAG goal by improving outcomes for those affected by crime in Weld County and implementing an innovative product to improve evidence collection for a multidisciplinary team. 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 13 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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 13 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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. GRANTEE Weld County ,--DocuSigned by: gum- M.orun a By: Steve Moreno, Chair Board of County Commissioners Date: 11/03/2021 I 10:09:47 AM MDT STATE OF COLORADO Jared S. Polis, Governor Department of Public Safety Stan Hilkey, Executive Director ,. ---DocuSigned by: 1 dkintifd, i4DB4oE2r 44C? By: Division of Criminal Justice ❑ Joe Thome, Director, or X Debbie Oldenettel, Deputy Director Date: 11/03/2021 I 11:09:46 AM PDT In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD DocuSigned by: Con 2. d 90 OOOOOJFO4O5. By: Lyndsay J. Clelland, ontract and Grant Coordinator, Division of Criminal Justice 11/03/2021 I 12:33:15 PM MDT Effective Date: Page 3 of 13 DPA Version 0919 (DCJ 1.1 09/10/2020) oav -308F DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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 7 5. PAYMENTS TO GRANTEE 8 6. REPORTING - NOTIFICATION 9 7. GRANTEE RECORDS 9 8. CONFIDENTIAL INFORMATION -STATE RECORDS 10 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 12 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. Page 4 of 13 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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 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 Page 5 of 13 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366F6B3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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. 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. Page 6 of 13 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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 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 Page 7 of 13 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency 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 DCJ Grant #: 2019 -DJ -21-01-15-1 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 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. Page 8 of 13 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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. 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 Page 9 of 13 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 200.501, 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 publicly 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 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 Page 10 of 13 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. E. Safeguarding PII If Grantee or any of its Subgrantees and Subcontractors will or may receive PII under this Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non -disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a "Third -Party Service Provider" as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. 9. CONFLICTS OF INTEREST Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest 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. Page 11 of 13 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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, 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, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Page 12 of 13 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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 13 of 13 DPA Version 0919 (DCJ 1.1 09/10/2020) DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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 Al Page 1 of 1 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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 1of1 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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: i. If your entity expended $750,000 or more in Federal funds (from all sources including pass - through subawards) in your organization's fiscal year (12 -month turnaround reporting period), your organization is required to arrange for a single organization -wide audit conducted in accordance with the provisions of Title 2 C.F.R. Subpart F (§ 200.500 et seq.) ii. If your entity expends less than $750,000 in Federal funds (from all sources including pass - through subawards) in your organization's fiscal year (12 -month turnaround reporting period), your organization is required to arrange for either an audit or financial review as follows: a) Grantees that have revenue greater than $300,000 from all sources during the entity's fiscal year are required by DCJ to obtain a financial audit b) Grantees that have revenue less than $300,000 from all sources during the entity's fiscal year are required by DCJ to obtain a financial audit or financial review. A compilation is not sufficient to satisfy this requirement. C. Report/Audit Costs: The Grantee accepts responsibility for the costs of a financial program audit to be performed by the Department of Public Safety in the event that the audit report or financial review: i. does not meet the applicable federal audit or DCJ standards; ii. is not submitted in a timely manner; or, iii. does not provide an audit response plan with corresponding corrections made sufficient to satisfy any audit findings. 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 Exhibit B Page 1 of 2 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 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: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner to Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 EXHIBIT E - STATEMENT OF WORK Project Summary The goal of this project is to increase both efficiency and effectiveness of the Weld County Sheriffs Office Investigation Unit by collecting data and preparing crime case reports faster, utilizing a real time 3D scanning method. The 3D forensic scanner and its software will minimize base investigation costs by utilizing automated data processing and by capturing millions of measurable data points in a matter of seconds. The high -quality and precise data can be converted into reports which in turn can be shared and utilized for collaboration internally, with the District Attorney's Office and other law enforcement agencies. The goals will be measured by work hours spent at the scene, using the 3D forensic scanner and comparing it to the current manual method used. The project addresses the 2021 Colorado JAG goal by improving outcomes for those affected by crime in Weld County and implementing an innovative product to improve evidence collection for a multidisciplinary team. Project Plan The Weld County Sheriffs Office (WCSO) would like to buy and utilize a FARO 3D forensic scanner and diagram imaging software for its crime scenes, forensic investigations and court reporting. Currently there are no other funds available from the county or other community collaborations that could cover the cost of the equipment. The agency researched scanners/software and chose the FARO S150 3D Scanner package inclusive training and one-year warranty and maintenance because it is the only 3D scanner on the market with software for law enforcement and crime scenes. The implementation plan will include the creation of a purchase order, ordering and receiving the equipment, payment of the equipment and a one week on site training of four personnel chosen to be FARO operators. The Weld County Sheriff's Office Investigations supervisors will be overseeing this project and the goal measurements. Furthermore, the software and equipment will be setup and activated by a local vendor representative. The additional Dell computer, needed to process the data, will be installed by Weld County's IT team in a central designated office area. In case troubleshooting needs to occur, the FARO one year maintenance and warranty contract covers assistance for our officers. After the software and hardware equipment is installed and personnel trained, the utilization of the equipment can begin and reporting will be more efficient and improved. The FARO system will be available for use in all capacities as requested by the investigators. This will entail but is not limited to: major person crimes like homicides, felony assaults, shootings, officer involved shootings, major thefts and burglaries. The success of the scanner implementation will be measured by a comparison in total on scene man hours of similar investigations with and without the deployment of the FARO. The FARO deployment crime scene will be logged for statistical evaluation. After scenes are scanned and processed by trained FARO operators, the collected data will be reviewed, prepared and imbedded into the investigators' reports for review and court room preparation. Crime statistics show that person crime has increased by an average of 6% from 2015 to 2020 in Weld County. The Colorado State Demographic Office predicts a population growth of an estimated 42,460 or 13% over the next five years in Weld County. Crime rates are positively correlated to population growth. Introducing a 3D forensic scanner and crime imaging system will be a great addition to assist the officers in handling crime scenes in an effective and efficient manner for all of Weld County which includes the front range as well as the rural areas in the Southeast and Southwest of the county. WCSO will sustain the operation of the scanner with budgeted operational funds to cover the system's maintenance program which is currently priced at $8,110 per year. Exhibit E - Page 1 of 2 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner to Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 Goals & Outcomes GOAL 1 Goal Increase Forensic Investigation Team efficiency by reducing the hours spent on scene and increase effectiveness by producing precise data for reporting and collaboration. Outcome 1.1 Outcome Measurement Timeframe Reduction of an estimated 30% total work hours at a major crime scene. Reduce on scene times needed to complete major investigations. On scene times will be measured and compared to similar investigations without using the 3D scanner. Comparing the total men hours on scene with and without the use of the 3D scanner. 10/1/2021 - 9/30/2022 Exhibit E - Page 2 of 2 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Personnel Supplies & Operating Travel Equipment Consultants / Contracts Indirect Total Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 Exhibit F — Budget Budget Summary Requested/Awarded Grant Funds $0 $23,173 $0 $39,717 $0 $0 $62,890 Cash Match $0 $0 $0 $0 $0 $0 $0 In -Kind Match $0 $0 $0 $0 $0 $0 $0 Match Total Project Total $0 $0 $0 $23,173 $0 $0 $0 $39,717 $0 $0 $0 $0 $0 $62,890 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- Total To Be Annual Base Salary Annual Annual Paid By Base To Be Paid Fringe Fringe To Grant Salary By Grant Be Paid Funds Funds By Grant fmcl Ming Funds overtime) NA Budget Narrative and Justification: $0 $0 0% $0 $0 0% $0 $0 $0 $0 $0 $0 $0 Personnel Total: $0 $0 0% $0 $0 0% $0 $0 $0 $0 SO $0 $0 Non -Personnel: Budget & Budget Narrative Details Budget Item Amount To Be Paid Budget Narrative and Justification By Grant Funds SUPPLIES & OPERATING lx 3D Scanner Battery lx Fiber Tripod lx 5 Day In -House Training lx Software License 2x Single User Hard Lock 1x 3D Advanced SCENE $451 Spare battery cost was determined from vendor price quote February 2021. The spare battery is part of the 3D scanner setup and provides extra power in case the primary battery is running low. $804 $9,130 $3,694 $400 $4,833 The tripod carries the 3D scanner and is part of the initial setup. The tripod is needed to elevate the scanner for surround scanning ability. The training is part of the implementation process of the 3D scanner. It is in person and trains up to 4 officers on the new equipment for 5 days. The software license is part of the 3D scanner setup and allows for data to be processed. Part of 3D scanner setup. Two Hardlock USB Dongle for one user license mandatory for implementation and use of SCENE. Part of 3D scanner setup. Ability to open SCENE projects and import other point clouds (1 year maintenance included). Exhibit F - Page 1 of 2 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Grantee: Weld County Government Project: 3D Forensic Scene Reconstruction Scanner To Improve Investigation Efficiency DCJ Grant #: 2019 -DJ -21-01-15-1 Ix 4hr Virtual Training $500 4 hrs of virtual training designed for investigators who will be using the 3D scanner data to complete analysis. Essential for new equipment usage. lx Dell Precision Tower $3,361 Dell computer installed by inhouse IT team for 3D scanner data processing. Supplies & Operating Total $23,173 TRAVEL NA $0 Travel Total $0 EQUIPMENT 3D HW Focus Laser Scanner $39,717 lx Laser Scanner Focus S 150 per vendor quote. Equipment is essential to the investigation unit because it makes the workflow more efficient and provides precise data. Equipment Total $39,717 CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES) NA $0 Consultants/Contracts Total $0 INDIRECT NA $0 Indirect Total $0 Total Non -Personnel $62,890 Exhibit F - Page 2 of 2 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 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, cert y 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 PHONE: 970-400-2872 Person responsible for reporting civil rights findings of discrimination: (Name, address, phone & email) Patti Russell Director Human Resources - Weld county 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 Docusgned by: presented and my responsibilities as a grantee that I will contact my grant manager. a. raf 10/28/2021 I 7:37:27 AM PDT 6or 3Dc7o3cr440... 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: 344EEAF7-4398-4525-AFE7-06536366FBB3 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. L 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). ix CERTIFICATION "B" (Applicable to all entities that do not qualify for Certification "A" above) This funded entity, as a for-profit entity or a state or local government having 50 or more employees (counting both full - and part-time employees but excluding political appointees) and is receiving, through this single grant award from the Colorado Division of Criminal Justice, more than $25,000, in federal U.S. Department of Justice funds. Therefore, I hereby certify that the funded entity will prepare and submit an EEOP and Certification at https://oip.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) DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 2019 — Edward Byrne Memorial Justice Assistance Grant Program (JAG) Special Conditions 2019 — Edward Byrne Memorial Justice Assistance Grant Program (JAG) 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 Grantees and must be passed on to subgrant award recipients. 1. Cooperating with OJP Monitoring The grantee agrees to cooperate with the Division of Criminal Justice (DO) and/or Federal Office of Justice Programs (OJP) monitoring of this award pursuant to DCJ's and/or OJP's guidelines, protocols, and procedures, and to cooperate with DO and/or OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The grantee agrees to provide to DO and/or OJP all documentation necessary for DO and/or OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the grantee agrees to abide by reasonable deadlines set by DO and/or OJP for providing the requested documents. Failure to cooperate with DO and/or OJP's monitoring activities may result in actions that affect the grantee's DO and/or DOJ awards, including, but not limited to: withholdings and/or other restrictions on the grantee's access to award funds; referral to the DOJ OIG for audit review; designation of the grantee as a DO and/or DOJ High Risk grantee; or termination of an award(s). 2. Required monitoring of subawards The grantee must monitor subawards under this JAG award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the grantee is responsible for oversight of subgrantee spending and monitoring of specific outcomes and benefits attributable to use of award funds by subgrantees. The grantee agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 3. Use of Program Income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Program Income Report (DO Form 1-B). 4. Justice Information Sharing In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, the grantee (and any subgrantee at any tier) must comply with DOD's Global Justice Information Sharing Initiative (DOD's Global) guidelines and recommendations for this particular award. The grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://it.ojp.gov/gsp_grantcondition. The grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 5. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between 2019-MU-BX-0080 Page 1 of 5 09/18/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 2019 — Edward Byrne Memorial Justice Assistance Grant Program (JAG) Special Conditions jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of DO and/or BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 6. Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the grantee (and any subgrantee at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if DO and/ or OJP determines this regulation to be applicable. Should DO or OJP determine 28 C.F.R. Part 23 to be applicable, DO and/or OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the grantee may be fined as per 42 U.S.C. 3789g(c)-(d). The grantee may not satisfy such a fine with federal funds. 7. Protection of human research subjects The grantee (and any subgrantee at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 8. Confidentiality of data The grantee (and any subgrantee at any tier) must comply with all confidentiality requirements of 42 U.S.C. 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The grantee further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 9. Verification and updating of Project Officials Grantee must maintain its Project Director, Financial Manager, and Authorized Representative (Signature Authority), including telephone number and e-mail address. If any information is incorrect or has changed, a Change in Project Official (DO Form 4-B) must be submitted to DO within 15 days of project official change. 10. Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the grantee must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 2019-M U-BX-0080 Page 2 of 5 09/18/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 2019 — Edward Byrne Memorial Justice Assistance Grant Program (JAG) Special Conditions 11. Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the grantee (or any subgrantee at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the grantee (or subgrantee, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS relevant "eligible records". In the event of minor and transitory non-compliance, the grantee may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subgrantee compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 12. Required attendance at BJA-sponsored events The grantee (and its subgrantees at any tier) must participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon DCJ's and/or BJA's request. 13. Compliance with National Environmental Policy Act and related statutes Upon request, the grantee (and any subgrantee at any tier) must assist DCJ and/or BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the grantee agrees to contact DCJ. The grantee understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; 2019-M U-BX-0080 Page 3 of 5 09/18/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 2019 — Edward Byrne Memorial Justice Assistance Grant Program (JAG) Special Conditions d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these award funds, the grantee, upon specific request from DO and/or BJA, agrees to cooperate with DO and/or BJA in any preparation by DO and/or BJA of a national or program environmental assessment of that funded program or activity. 14. Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 15. Certification of body armor "mandatory wear" policies The grantee agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The grantee must keep signed certifications on file for any subgrantees planning to utilize funds from this award for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 16. Body armor - compliance with NU standards Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https://nij.gov/topics/ technology/ body -armor/ pages/ safety-initiative.aspx. 17. Reporting requirements The grantee must submit quarterly Financial Reports (DO Form 1-A) and Narrative Reports (DO Form 2Q), and a Final Narrative Report (DO From 2F). A Final Financial Report (DO Form (1-A), may be required if the final expenditures are not included in the last quarterly financial report.. DO will compile grantee data and report to OJP. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the grantee must provide data that measure the results of its work. Grantee's failure to submit required 2019-M U-BX-0080 Page 4 of 5 09/18/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 2019 — Edward Byrne Memorial Justice Assistance Grant Program (JAG) Special Conditions JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 18. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. 19. Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 1) State or local government or a "public" institution of higher education, incurs to implement this IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 20. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from DO. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 2019-MU-BX-0080 Page 5 of 5 09/18/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 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 Page 1 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 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 C. 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. 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 OVW 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 Page 2 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 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), Page 3 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 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 Page 4 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 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(f), and that elects to use the "de minimis" indirect cost rate must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements F. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify DCJ in writing of the potential duplication, and, if so requested by DCJ, must seek a budget -modification and change -of -project to eliminate any inappropriate duplication of funding. G. Requirements related to System for Award Management and 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). Page 5 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Federal Awards issued from 2019 Federal Grant Funds H. Employment eligibility verification for hiring under the award — NEW 2019 1. The recipient (and any subrecipient at any tier) must — a. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or 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 Page 6 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Federal Awards issued from 2019 Federal Grant Funds 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 -Verify at E- Verify@dhs.gov. E -Verify employer agents can email E -Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to DCJ, before award acceptance. I. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient)--(1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of a DOJ grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to DCJ no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. J. All subawards ("subgrants") and contracts must have DCJ authorization The recipient, and any subrecipient ("subgrantee") at any tier, must receive approval from DCJ prior to issuing a subaward or a procurement contract under this award. K. Specific post -award approval required to use a noncompetitive approach in any procurement contract The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract. This condition applies to agreements that -- for purposes of federal grants administrative requirements — OJP or OVW considers a procurement "contract" (and therefore does not consider a subaward). Page 7 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Federal Awards issued from 2019 Federal Grant Funds 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. Page 8 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Federal Awards issued from 2019 Federal Grant Funds 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 Page 9 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Federal Awards issued from 2019 Federal Grant Funds 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); Page 10 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Federal Awards issued from 2019 Federal Grant Funds (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): Page 11 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Federal Awards issued from 2019 Federal Grant Funds (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 Page 12 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Federal Awards issued from 2019 Federal Grant Funds 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), Page 13 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Federal Awards issued from 2019 Federal Grant Funds 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 OVW, as appropriate). Page 14 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Federal Awards issued from 2019 Federal Grant Funds 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. Page 15 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Federal Awards issued from 2019 Federal Grant Funds 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 (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection Page 16 of25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 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"), Page 17 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 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 Page 18 of25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 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: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency DD. Right to examine documents The grantee, and any subrecipient ("subgrantee") at any tier, must authorize the DCJ or DOJ awarding agency (OJP or OVW, as appropriate) and/or the Office of the Chief Financial Officer (OCFO), and its representatives, access to and the right to examine all records, books, paper, or documents related to this grant. EE. Maintaining contact information The grantee acknowledges that it is responsible for maintaining updated contact information in the Grants Management System (GMS). To update information in GMS for either the point of contact and/or the authorized representative, the grantee must submit a Change in Project Officials (DCJ Form 4-B). FF. 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 Page 19 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 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: Page 20 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 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 Page 21 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 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 Page 22 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 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, Page 23 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 Federal Awards issued from 2019 Federal Grant Funds you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at EEOPforms@usdoj.gov. 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. Page 24 of 25 11/06/2019 DocuSign Envelope ID: 344EEAF7-4398-4525-AFE7-06536366FBB3 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. Page 25 of 25 11/06/2019 Contract Form New Contract Request Entity Information Entity Name* Entity ID* THE DIVISION OF CRIMINAL JUSTICE 81000.35241 Contract Name* 2020-2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AWARD (3D FORENSIC SCANNER) Contract Status CTB REVIEW ❑ New Entity? Contract ID 5378 Contract Lead* MKNEE Contract Lead Email mkneeweldgov.com; skohlgraf� weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AWARD FOR JAG 2020-2021 FUNDING TO PURCHASE A 3D FORENSIC SCENE RECONSTRUCTION SCANNER; 2019 -DJ -21-01- 15-1 (FEDERAL GRANT AWARD 2019-MU-BX-0080) Contract Description 2 Contract Type GRANT Amount* $62,890.00 Renewable * NO Automatic Renewal Grant YES IGA YES Department SHERIFF Department Email CM-Sheriff@weldgov.com Department Head Email CM-Sheriff- DeptHead �weldgov.com County Attorney GENERAL COUNTY' ATTORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY 'WELDG OV.COM Grant Deadline Date IGA Deadline Date Requested BOCC Agenda Date* 11x'03;2021 Due Date 10x"30:2021 Will a work session with BDCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MESA 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 Contrail Dates Effective Date Termination Notice Period Review Date 10;01,32022 Committed Delivery Date Renewal Date Expiration Date 09,'30:2022 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing r Purchasing tar Date Approval Pracl Department Head ESTHER GESICK DH Approved Date 111012021 Fi l ►ppr BOCC Approved e BUCC Agenda Date 11,'03'2021 Originator SKOHLGRAF Finance Approver EARS CONNOLLY Finance Approved Date 11,01.'2021 Tyler Ref # AG 110321 Legal Counsel KARIN MCD©UGAL Legal Counsel Approved Date 11,x'01,'2021 Hello