HomeMy WebLinkAbout20213389.tiff RESOLUTION
RE: APPROVE TWO (2) CONTRACTS FOR 2022 VICTIM ASSISTANCE AND LAW
ENFORCEMENT (VALE) GRANT FOR VICTIM WITNESS ASSISTANCE UNIT, AND
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS, AND
AUTHORIZE CHAIR TO SIGN ELECTRONICALLY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract for the 2022 Victim Assistance
and Law Enforcement (VALE) Grant for the Victim Witness Assistance Unit between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the 19th Judicial District Attorney's Office, and the Victim Assistance and Law
Enforcement (VALE) Board, commencing January 1, 2022, and ending December 31, 2022, with
further terms and conditions being as stated in said contract, and
WHEREAS, due to Federal American Rescue Plan Act (ARPA) funding recently being
made available to local VALE programs to account for decreased VALE funding due to the
COVID-19 Pandemic Health Emergency, the Board has also been presented with a Contract for
the 2022 VALE Grant for Supplemental Funding Under the ARPA for the Victim Witness
Assistance Unit, and an Agreement with Subrecipient of Federal Recovery Funds, between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the 19th Judicial District Attorney's Office, and the Victim Assistance and
Law Enforcement (VALE) Board, commencing January 1, 2022, and ending June 30, 2022, with
further terms and conditions being as stated in said contract and agreement, and
WHEREAS, after review, the Board deems it advisable to approve said contracts and
agreement, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the 2022 Victim Assistance and Law Enforcement (VALE) Grant
Contract for the Victim Witness Assistance Unit, the 2022 VALE Grant Contract for Supplemental
Funding Under the ARPA, and the Agreement with Subrecipient of Federal Recovery Funds,
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, and the
Victim Assistance and Law Enforcement (VALE) Board, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contracts and agreement electronically.
Cc:V AC5H), AcT(cP/cv) 2021-3389
DA0027
If 13/22
TWO (2) CONTRACTS FOR 2022 VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE)
GRANT FOR VICTIM WITNESS ASSISTANCE UNIT AND AGREEMENT WITH SUBRECIPIENT
OF FEDERAL RECOVERY FUNDS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of December, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: `/ ;ok,
tev= Moreno, Chair
Weld County Clerk to the Board /�
A'
MO es, Pro-Tfie
BY: L_ -
Deputy Clerk to the Board ookirig,„,,,, ftr=I
--rry L. Buc,/
APP' o ED���%'OR', ��;;; IMP
,,i011170011° f =� `'• : ike Freeman
ounty Attorney ,�� ® ''71�,� 6��?��+ 257.4v.
` �� N �� Lori Saine
Date of signature: 1.2-/a(0-1
2021-3389
DA0027
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE: 2022 VALE Grant Application
DEPARTMENT: DA Office VW Assistance Unit DATE: 12-7-21
PERSON REQUESTING: JoAnn Holden Director of Victim Services
Brief description of the problem/issue:
The District Attorney's Office Victim Assistance Unit has historically applied for and received VALE
grants. Submitted with this form are two 2022 VALE Grant Contracts which total funding in the
amount of$136,182.00: 1- 2020 Local VALE in the amount of$90,788.00; 2-ARPA (federal
American Rescue Plan Act) in the amount of$45,394.00. When Local VALE funding decreased as a
result of COVID-19, federal dollars (ARPA) became available to local VALE programs.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
This is the third largest funding source for the DA Office Victim Witness Unit. No County match
required. We are asking for authorization for the 2022 VALE Grant Contract to be placed on the
County Commissioner's Agenda for approval without a Work Session.
Recommendation:
We are asking for authorization for the 2022 VALE Grant Contract to be placed on the County
Commissioner's Agenda for approval without a Work Session.
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman { 11 t
Scott K.James, Pro-teem .5% -
Steve Moreno, Chair
Lori Saine
2021-3389
I2/ 13 I 00Z:l
Karla Ford
From : Mike Freeman
Sent : Tuesday , December 7 , 2021 1 1 : 33 AM
To : Karla Ford
Subject : Re : Please Advise : Pass - Around 19th Judicial VALE 2022 Contracts
Attachments : image004 jpg ; image001 . png ; 2022 DA VW VALE Contracts Pass Around Request
12 - 6 - 21 ( 2 ) . pdf ; 2022 DA VW LOCAL VALE Contract 2022 . pdf ; 2022 DA VW ARPA
Contract 2022 . pdf ; 2022 DA VW Contract 00 - Exhibit E Subrecipient Certification . pdf
Approve
Sent from my iPhone
On Dec 7 , 2021 , at 12 : 16 PM , Karla Ford < kford@weldgov . com > wrote :
Please advise if you approve recommendation . Thank you !
Karla Ford
Office Manager , Board of Weld County Commissioners
1150 0 Street , P . O . Box 758 , Greeley , Colorado 80632
: : 970 . 336 - 7204 : : kford@weldgov corn : : 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 ony attachments by anyone other than the named
recipient is strictly prohibited .
From : JoAnn Holden < jholden@weldgov . com >
Sent : Tuesday , December 7 , 2021 10 : 01 AM
To : Karla Ford < kford@weidgov . com >
Cc : Michael Rourke < mrourke@weldgov . com > ; Chris D ' Ovidio < cdovidio@weldgov . com > ; Bruce Barker
< bbarker@weldgov . com > ; JoAnn Holden < jholden@weldgov . com >
Subject : 19th VALE 2022 Contracts
Karla ,
Please find attached a Pass - Around Review request to place the 2022 VALE Contract on the County
Commissioners ' agenda without a Work Session .
Thank you .
JoAnn Holden
Director of Victim Services
Houstan Aragon
From: JoAnn Holden
Sent: Wednesday, December 8, 2021 1:02 PM
To: Houstan Aragon
Cc: JoAnn Holden
Subject: Houstan :Agenda item for Cty Commissioners Meeting - 19th VALE 2022 Contracts
Attachments: July 7, 2021 VALE.pdf; FINAL RESO -Application for 2022 Victim Assistance and Law
Enforcement (VALE) Grant for Victim Witness Assistance Unit
Good question Houstan!
Local VALE funding decreased as a result of COVID-19. Very recently, Federal "pandemic money" was made available
called ARPA(American Rescue Plan Act)to local VALE programs. Because we already have a federal VOCA Grant we
have met all the federal guidelines to be a qualified recipient. These federal dollars,which pass through to Local VALE
Programs, have their own federal reporting requirements meaning we have to sign a separate contract for the ARPA
funds.
The document you attached is for the Weld County LE Victim Assistance Unit. The second document attached is for the
DA's Office—Victim Witness Assistance Unit. The WCSO also received ARPA funding so their VALE Grant Contract will
also be in two parts. LOCAL VALE and ARPA VALE.
Let me know if there are more questions.
JoAnn Holden
Director of Victim Services
Weld County DA's Office
jholdenAweldgov.com
970 400-4747
From: Houstan Aragon<haragon@weldgov.com>
Sent:Wednesday, December 8, 2021 12:37 PM
To:JoAnn Holden<jholden@weldgov.com>;CTB<CTB@co.weld.co.us>
Cc: Michael Rourke<mrourke@weldgov.com>; Chris D'Ovidio<cdovidio@weldgov.com>
Subject: RE:Agenda item for Cty Commissioners Meeting- 19th VALE 2022 Contracts
JoAnn,
We will add this to the Agenda for Monday, December 13, 2021, and will send a calendar appointment shortly.
It looks like the contracts are related to the VALE grant application that was approved by the Board for
submittal on July 7, 2021 (attached), but I'm curious as to the two resulting contracts from one application?
Both contracts have the same grant number, but are slightly different and for different amounts?
Thank you,
Houstan Aragon
Deputy Clerk to the Board
Clerk to the Board's Office
Weld County
i
VICTIM'S ASSISTANCE &
LAW ENFORCEMENT BOARD
Nineteenth Judicial District
19TH JUDICIAL DISTRICT
VICTIM ASSISTANCE
AND LAW ENFORCEMENT (VALE) BOARD
CONTRACT
Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act,
Article 4.2,Title 24,C.R.S.,the Victim Assistance and Law Enforcement Board of the 19th Judicial
District has made the following award:
Grantee Agency: District Attorney's Office, 19th Judicial District
Grant Number: 2022-6
Project Title: Victim Assistance through the Criminal Justice System
Grant Period: January 1,2022 through December 31,2022
Amount of Grant Award: $90,788
IT IS HEREBY AGREED:
1. All award disbursements are contingent upon the availability of local VALE funds.
2. The contents of the grant application will become contractual obligations of the grantee agency and
are incorporated into this contract as if fully set forth herein.
3. The grantee agency is required to submit four quarterly Financial Reports by April 29,2022,July
29,2022,October 31,2022 and January 31,2023. Each quarterly report is cumulative,and the
final report must reflect the financial activities of the entire contract period. Financial Reporting
Forms will be provided by the local VALE Board. Grant recipients are required to use these forms.
4. The grantee agency is required to submit four quarterly Narrative Program Reports by
April 29,2022,July 29,2022,October 31,2022 and January 31,2023. These reports must
address any special conditions that are listed in this contract. The final report must be cumulative
and reflect the activity of the entire contract period. Narrative Program Report forms will be
provided by the local VALE Board. Grant recipients are required to use these forms.
5. The grantee agency agrees to submit the Financial Monthly Tracking sheet if requested.
6. Grantee agency will be paid in 1 quarterly installment of$22,697.00, and 2 quarterly installments of
$34,045,50.As the federal award will need to be spent first,the first payment of$22,697.00 will be
sent after receipt of the first quarter report for the 2nd quarter.The 3rd and 4th
quarter payments of$34,045.50 will be sent after receipt and acceptance of the required quarterly
Financial Report and Narrative Program Report listed above.
7. Failure to comply with the reporting requirements may result in the Board's termination of this
grant,return of awarded funds,and/or suspension of the grant. Failure to comply with reporting
Post Office Box 1167—915 Tenth Street—Greeley,CO 80632—(970)356-4010-FAX(970)352-8023
requirements may also jeopardize future funding to this grantee agency.
8. SPECIAL CONDITIONS for the award that have been stipulated between the local VALE Board
and the grantee agency are as follows:
a. Grantee agency must notify the 19th JD VALE Board if the agency has obtained funding for
a specific 19th JD VALE grant funded position which totals more than 100%of the total cost
for that position. The grantee agency must resolve the allocation of funds to the satisfaction
of the 19th JD VALE Board.
b. Grantee agency must notify the 19th JD VALE Board in writing within 7 days,via e-mail or
regular mail,of any 19th JD VALE grant funded personnel position that is vacant for 45 days
or more. Changes in grant funded personnel must be listed on the quarterly financial report
under"Employee Name."
c. Grantee agency must notify the VALE Board in writing within 30 days,with notification on
agency letterhead,of any change of an official and/or employee who is listed as a responsible
signatory on this 19th JD VALE grant funded project.
9. Any proposed change in the use of grant funds must be submitted in writing and approved by the
local VALE Board or VALE Administrator prior to any such change.
10. In the event all of the monies paid to the grantee agency are not expended within the contractual
period,the local VALE Board, in its discretion,may enlarge the time period of the contract or
request that monies not used be repaid to the Board. The grantee agency shall submit written
notification to the VALE Board by November 1,2021 if the grantee agency will have any remaining
funds at the end of the grant period and wishes to extend the current grant cycle. Such requests shall
include the following information:
• The amount of remaining funds;
• How the funds will be used;
• When the funds will be expended;and
• Why the funds were not expended during the grant period.
The local VALE Board will make a decision as allowing use of the funds by December 31,2021 and
will advise the grantee agency in writing as to their decision.
11. The grantee agency agrees that all funds received under this contract shall be expended solely for the
purpose stated in the grant and approved by the local VALE Board. Any funds not so expended
including funds lost or diverted to other purposes, shall be repaid to the local VALE fund no later
than 30 days after the end of the contract.
12. The grantee agency agrees to comply with all applicable non-discrimination legal mandates.
13. Non-compliance with any portion of the contract may result in termination of the grant,
withholding of funds,returning money to the local VALE fund,and/or other action as deemed
necessary by the members of the local VALE Board.
14. All grantee agencies shall make available to the Board or its authorized designee,upon request, all
current records and other information, including audit/financial statements,relative to the
implementation of the grant.
15. Amendments of any terms of this contract shall have prior approval of the local VALE Board.
Requests to amend this contract shall be in writing.
Page 1 2
16. The Grantee Agency certifies by signing this contract that it shall comply with the RESTRICTIONS
ON PUBLIC BENEFITS,set forth in CRS 24-76.5-103 et seq.
Page I 3
The grantee agency,through the following electronic or original signatories,understands and agrees that
any VALE monies received in 2021 as a result of the awarding of the grant application shall be subject to
the terms of this contract.
Project Director:
JOAnn Holden Digitally signed by JoAnn Holden
Signature: Date:2021.12.08 10:22:20-07'00' Date:
Printed Name and Title: JoAnn Holden, Director of Victim Services
Financial Officer:
Chris D'Ovid;o Digitally signed by Chris D'Ovidio
Signature: Date:2021.12.13 13:05:30-07'00' Date:
Printed Name and Title: Christopher D'Ovidio, Controller
Authorized Official: /�
Steve Moreno Digitally signed by Steve Moreno
Signature: Date:2021.12.13 11:23:58-07'00' Date:
Printed Name and Title: Steve Moreno, Chair Weld County Commissioners
VALE Board
Signature: Vera Rowe DigitaDate:lly 2021..12.27 ned byz 17:47 07'00' Date: 12/27/2021
Printed Name and Title: Vera Rowe, Chair of VALE Board
• The Project Director:The person who has direct responsibility for the implementation of the project. This
person should combine knowledge and experience in the project area with ability to administer the project and
supervise personnel. He/She shares responsibility with the Financial Officer for seeing that all expenditures are
within the approved budget. This person will normally devote a major portion of his/her time to the project and
is responsible for meeting all reporting requirements. The Project Director must be a person other than the
Authorized Official or the Financial Officer.
• Financial Officer: The person who is responsible for all financial matters related to the program and who has
responsibility for the accounting,management of funds,verification of expenditures,audit information and
financial reports. The person who actually prepares the financial reports may be under the supervision of the
Financial Officer. The Financial Officer must be a person other than the Authorized Official or Project
Director.
• Authorized Official: The authorized official is the person who is,by virtue of their position,authorized to enter
into legal contracts for the funded agency;for example,if the funded agency is one of the following,then the
corresponding authorized official is as follows:state agency-department or division director;city-mayor or
city manager;county-chairperson of the county commissioners;sheriffs department-chairperson of the
county commissioners;police department-mayor or city manager;courts-chief judge;district attorney's office
-district attorney;institution of higher education-president of the institution or chair/dean of the appropriate
department;private non-profit agency-president or chairperson of the board of directors;school district-
superintendent/assistant superintendent. The authorized official must be a person other than the project director
or the financial officer.
NOTE: If someone other than the AUTHORIZED OFFICIAL as described above has been delegated the authority
to enter into contractual agreements such as this grant,you must provide official documentation of delegation(such
as bylaws or resolutions)immediately following the signature page.
? ace I 4
VALE PROJECT BUDGET SUMMARY INFORMATION
Complete chart under Continuation Applicants ONLY, if applicable . Remaining columns will auto - populate from other tabs .
PROJECT FUNDS REQUESTED BUDGET :
ROUND TO THE NEAREST DOLLAR
Columns 2 and 3 will auto populate from other tabs
ALL APPLICANTS
Continuation Applicants ONLY Continuation
( Will populate from other tabs )
2021 2022 Applicants
Increase or
Current Grant Award Requested Budget - - -
Decrease
PERSONNEL • PERSONNEL ( + / - )
Job Position Amount Job Position / NAME Amount
✓ W Assist Ahumada , F $ 10 , 000 VWAssist Ahumada , F $ 22 , 395 123 . 95 %
VW Clerical - Rodriguez , L $ 17 , 510 VW Clerical Rodriguez , L $ 27 , 111 54 . 83 %
CVC Assisaant - Gallegos R $ 24 , 979 CVC Assist Gallegos , R $ 25 , 000 0 . 08 %
✓ W Assist - Hernandez , A $ 30 , 000 VW Assist Hernandez , A $ 30 , 000 0 . 00 %
✓ W Assist - DeMint , A $ 29 , 877 VW Assist DeMint , A $ 30 , 176 1 . 00 %
VW Assistant Rodriguez , D $ 1 , 50C
Position # 7 Title $ 0
Position # 8 Title $ 0
Subtotal 1 $ 112 , 366 Subtotal I $ 136 , 182 21 . 19 %
EQUIPMENT EQUIPMENT ( + / - )
Item # 1 $ 0
Item # 2 $ 0 ,
Item # 3 $ 0
Item # 4 $ 0
Subtotal $ 0 Subtotal $ 0
1 1
SUPPLIES AND OPERATING EXPENSES SUPPLIES & OPERATING EXPENSES ( + / - )
Item # 1 $ 0
Item # 2 $ 0
Item # 3 $ 0
,
Item # 4 $ 0
Subtotal 0 Subtotal 0
1
IN - STATE TRAVEL IN - STATE TRAVEL ( + / - )
1 1 1 _ 1 I I
Item # 1 $ 0
i I , i
Item # 2 $ 0
,
Item # 3 $ 0
Subtotal $ 0 Subtotal $ 0
1 1 1
PROFESSIONAL SERVICES PROFESSIONAL SERVICES ( + / - )
i
Professional # 1 $ 0
Professional # 2 $ 0
Subtotal $ 0 Subtotal $ 0
TOTAL FUNDS : $ 112 , 366 TOTAL FUNDS REQUESTED : $ 136 , 182 21 . 19 %
Page f 5
VALE PROJECT MANDATED GOALS
GOALS AND OBJECTIVES :
Goal 1 , objectives 1 and 2 , are mandatory for all applicants . Fill in # of victims and any " other " categories you will report
( under crimes ) . * * This number should match question 13 on the Part I Application . * *
GOAL 1 ( standard ) : This project will provide direct services that assist crime victims with emotional and physical
needs to stabilize their lives , provide a measure of safety and security , and / or enhance victims ' experience with
the criminal justice system .
OBJECTIVE 1 ( standard ) : To provide services to the following estimated unduplicated number of crime victims
during the 12 - month grant period .
Although a person may be a victim of multiple crimes in one criminal episode , they can be counted only once
using the predominant crime .
Definitions :
Victims : primary and secondary victims
Primary victim : The person against whom the crime was committed , except in the case of homicide , and DUI / DWI
deaths where the primary victims are the survivors of the victim . In domestic violence crimes , children of the
primary victims ( who are receiving services ) are also considered to be primary victims .
Secondary Victims : Persons other than primary victims receiving services because of their own reaction or needs
resulting from a crime .
Unduplicated Count : New and continuing victims served by the project . Continuing victim is a person served in
the prior grant year who is continuing to receive services in the new grant year .
Estimated # of Estimated # of
Victims Type of Crime Victims Type of Crime
525 Child Physical Abuse 0 Human Trafficking
160 Child Sexual Abuse 35 Survivors of Homicide
0 DUI / DWAI 70 Robbery
1300 Domestic Violence 670 Assault
kidnapping , intimidation , stalking , bias -
130 Adult Sexual Assault 305 motivated
Driving Resulting in Death or SBI ,
0 Adults Molested As Children 50 Vehicular Assault or Murder
Elder Abuse ( including economic Other : Burglary of dwelling , Theft
55 exploitation and fraud crimes ) 100 $ 20 , 000 or more
TOTAL UNDUPLICATED VICTIM ESTIMATED TO BE SERVED DURING THE 12 MONTH PERIOD : 3400
Page I 6
Mandated Goals
VALE PROJECT MANDATED GOALS
OBJECTIVE 2(standard):To provide the following types of services to the following estimated number of
unduplicated victims during the 12-month grant period.
Number of Victims Receiving Each Type of Service: Estimate the number of victims who will receive each type of
service provided by your agency during the grant period.
A victim may receive the same type of service more than once(i.e. information) but the type of service can
D be counted only once during the grant period.An individual service category cannot exceed the total
number of victims listed in table A.
A victim may receive the same type of service more than once(i.e. information)and the service is counted
CI every time during the grant period.An individual service category can exceed the total number of victims
listed in table A.
Estimated#of Estimated#of
Victims Services Victims Services
Crisis Counseling/Intervention (in Victim Compensation Assistance
640 person) 5,000 (required)
Hotline/Crisis line Intervention Intervention with employer,creditor,
0 0 landlord,or other
Follow-up(in-person or by phone)
35,500 2,250 Individual Advocacy
Therapy Civil Legal Advocacy/Court
0 0 Accompaniment
Group Treatment/Support
0 0 Forensic Exam
Shelter/Safehouse(housed by
0 agency) 0 Hospital/Clinic Response
Information/Referral
1,220 600 Language Services(interpretation)
Criminal Justice Support/Advocacy/
1,700 Court Accompaniment 20 Transportation
Emergency Financial Assistance
40 0 CASA or Youth Prevention Service
Civil Legal Attorney Assistance
0 11,600 Victim Rights Act Services
Page I 7
Mandated Goals
VALE PROJECT SPECIFIC GOALS AND OBJECTIVES
Add at least one more goal with objectives but no more than three additional goals with no more than three
objectives per goal. Objectives must be measurable and specific. While an objective may relate to more than
one statute, pick the most relevant statute from the drop-down list below the objective. Refer to Notes and
Instructions on next page, use format provided below. NOTE: All cells except Goal rows will expand with typing.
DA VW Assistants will provide direct assistance to victims of crime throughout the criminal justice process
including:Victims' Rights information and education, referral to community resources and Crime Victim
Goal 2: Compenation;and updates and support on the status of the prosecution of the case.
Objective (include title of person Intended Impact Data Collection Time Frame
responsible)
VALE funded VW Assistants
(Ahumada„ Hernandez, DeMint)
will provide services to primary Providing victims with
victims of domestic violence. Goal criminal justice
is to have 70%victim contact(prior information, support, DV stats are tracked by
to the first hearing in which a plea referrals and asking for running an ACTION data
could be offered and accepted by input on resolution of the base report which
the defendant) to relay court case assists and empowers compiles the data VW
information and ask for input from victims in domestic Assistants input with every 01/01/2022-
1 the victim. relationships. victim contact. 12/31/2022
Pick related VALE Statute from drop down list: 24-4.2-105 (4) (d)
Providing victim
representatives criminal
justice information
VALE funded VW Assistants regarding the possible
(Ahumada, Hernandez, DeMint will pentalites of the crime,
make contact with deceased victim how long to expect a case
family representative(s) in criminal
cases involving the death (murder, to be pending, and
vehicular)of the victim. Goal to receiving input for the first
have 100% victim representative time from the victim
contact prior to the first court representatives DV victim contact stats are
hearing to provide criminal justice establishes rapport and compiled by the Project
information, referrals, and hopefully trust in what will Director for quarterly 01/01/2022-
2 resources. be a lengthy process. reports. 12/31/2022
Pick related VALE Statute from drop down list: 24-4.2-105 (4) (d)
Page 8
Project Specific Goals
VALE PROJECT SPECIFIC GOALS AND OBJECTIVES
Assure that crime victims have knowledge and are afforrded their rights in the criminal justice system as
Goal 3: manadated in the Colorado Victims' Rights Amandment.
Objective (include title of person Intended Impact Data Collection Time Frame
responsible)
VALE funded VW Assistants
(Ahumada, Hernandez, DeMint)
and the VRA Notification letters Victims are kept fully
keep victims apprised of the apprised of the status of
date, time, and location of the the court case and
court hearings and explanation informed of their rights at
of the court hearings.VW each court hearing which VW Assistants log victim
Assistants to provide services to hopefully empowers and contacts in ACTION Notes.
1450 new victims. Yearly total gives back control to the VW Staff document VRA 01/01/2022-
1 of VRA letters goal = 28,500. victim. letters sent to victims. 12/31/2022
Pick related VALE Statute from drop down list: 24-4.2-105 (4) (f) µ4 f M
Victims will be notified of
VALE funded Clerical VW the defendant's sentence
Rodriguez will send 4000 and their Victims' rights
Sentence Outcome letters to from Post Sentencing
crime victims via mail or email Agencies which gives them
and provide 900 victim contact information and control
information to to the Post over steps they may want VW Assistants log victim
Sentencing Nofiication Agencies to take when a defendats contacts in ACTION Notes.
(DOC, Probaton, Community has completed their VW Staff document VRA 01/01/2022-
2 Corrections, Work Release). sentences. letters sent to victims. 12/31/2022
Pick related VALE Statute from drop down list: 24-4.2-105 (4) (f) err
Victims are provided with
guidance, education, and
VALE funded VW Assistants support throughout the VW Staff record
(Ahumada, Hernandez, DeMint) trial resulting in efficiency information from trial
will provide trial support to and flow of trial sheets and compile for 01/01/2022 -
3 crime victims in 50 cases. proceedings quarterly reports 12/31/2022
Pick related VALE Statute from drop down list: 24-4.2-105 (4) (j)
Page 1 9
Project Specific Goals
VALE PROJECT SPECIFIC GOALS AND OBJECTIVES
Goal 4: Provide Crime Victim Compensation (CVC)Assistance to eligible crime victims.
Objective (include title of person Intended Impact Data Collection Time Frame
responsible)
Victim will have access to
funding and agency CVC Staff enter new
CVC Program Assistant Gallegos referrals to help them in applications into CVC
will provide assistance to 700 becoming "whole" again database and compile for 01/01/2022-
1 crime victims after the crime quarterly reports 12/31/2022
Pick related VALE Statute from drop down list: 24-4.2-105 (4) (c)
Victim's whose
perpetrator's case is not
filed in the criminal justice
CVC Program Assistant Gallegos system are still able to CVC Staff enter new
will contact 95%of applicants in seek funding to help them applications into CVC
which a crminal case has not in becoing "whole" again database and compile for 01/01/2022-
2 been filed. after crime. quarterly reports 12/31/2022
Pick related VALE Statute from drop down list: 24-4.2-105 (4) (c) r
Crime victims who need
assistantance paying for
CVC Program Assistant Gallegos emergency needs can CVC Staff enter approvede
will provide emergency access services to east the emergency request into
assistance to 97%of eligible finanancial burder of the CVC database and compile 01/01/2022-
3 requestw within 72 hours. criminal incident. for quarterly reports. 12/31/2022
Pick related VALE Statute from drop down list: 24-4.2-105 (4) (a)
Page 10
Project Specific Goals
VICTIM'S ASSISTANCE &
LAW ENFORCEMENT BOARD
Nineteenth Judicial District
19TH JUDICIAL DISTRICT
VICTIM ASSISTANCE
AND LAW ENFORCEMENT (VALE) BOARD
CONTRACT
Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement
Act,Article 4.2, Title 24, C.R.S.,the Victim Assistance and Law Enforcement Board of the 19th
Judicial District has made the following award:
Grantee Agency: District Attorney's Office, 19th Judicial District
DUNS: 75757955
Grant Number: 2022-6 ARPA
Project Title: Victim Assistance through the Criminal Justice System
Grant Period: January 1, 2022 through June 30, 2022
Amount of Grant Award: $45,394.00
Purpose of Grant Funds-- Victim services that provide one or more of the following;
• Help victims of crime recover from victimization by addressing financial, medical, and
logistical barriers.
• Assist persons experiencing domestic abuse and violence, intimate partner violence and
associated economic abuses and material hardships.
• Expedite court proceedings that may hinder survivors from severing contact with abusers
and delay potential income including child support.
• Offer safety planning, information, and other resources for crime victims, or more
specifically, persons experiencing domestic abuse.
Statement of Services: The Victim Assistance Unit is the only District Attorney's Office based
victim assistance unit in Weld County providing VRA mandated services to victims of crime as
they move through the prosecution of a criminal case. Experiencing a crime can, for many
victims, be the most difficult time in their lives. The criminal justice system is often challenging
and stressful to navigate, but the Victim Witness Assistance Unit(VW Unit)makes every effort
to assist victims as they move towards recovery from the physical, emotional, and financial
impacts of crime.The VW Unit is dedicated to upholding victim's rights as outlined in the
Colorado Victim Rights Amendment(VRA)and provides necessary assistance to victims of
crime through advocacy, courtroom support, criminal justice education, and resource referral
services. All services listed in SB21-292 are applicable to the services provided by the staff in
the Victim Assistance Unit.
Post Office Box 1167—915 Tenth Street—Greeley,CO 80632—(970)356-4010-FAX(970)352-8023
IT IS HEREBY AGREED:
1. All award disbursements are subawards of federal Fiscal Recovery Funds and contingent
upon the availability of monies from CFDA Number(21.027)and FAIN(SLFRP0126).
On March 11, 2021, the American Rescue Plan Act(ARPA)was signed into law and
established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal
Recovery Funds, which together make up the Coronavirus State and Local Fiscal Recovery
Funds("SLFRF")program. This program is intended to provide support to State,territorial,
local, and Tribal governments in responding to the economic and public health impacts of
COVID-19 and in their efforts to contain impacts on their communities, residents, and
businesses.
A complete description of the program and requirements may be found on the US
Department of Treasury website: https://home.treasury.gov/system/files/136/SLFRF-
Compliance-and-Reporting-Guidance.pdf, and are incorporated herein.
The Award funds originate from the American Rescue Plan Act of 2021 ("ARPA"), Pub.L.
117-2. The Colorado General Assembly appropriated ARPA funds to the Department
pursuant to SB21-292, which added Section 24-4.2-103(1.7), C.R.S. The Award funds are
not a Research and Development Award.
2. The contents of the grant application will become contractual obligations of the grantee
agency and are incorporated into this contract as if fully set forth herein.
3. The grantee agency is required to submit four quarterly Financial and Narrative Reports, in
conjunction with funds allocated through the local 19th JD VALE funds. See the local
VALE 2022 funding contract for due dates of reports. These reports must address any
special conditions that are listed in this contract. The final report must be cumulative and
reflect the activity of the entire contract period. Narrative Program Report forms will be
provided by the local VALE Board and address any special conditions that are listed in this
contract. Grant recipients are required to use these forms.
4. Failure to comply with the reporting requirements may result in the Board's termination of
this grant, return of awarded funds, and/or suspension of the grant. Failure to comply with
reporting requirements may also jeopardize future funding to this grantee agency.
5. Grantee agency will be paid on a cost-reimbursement basis for the amount of the federal
ARPA funds. Payments may be requested by submitting the required Request for
Reimbursement form and financial documents as required to verify expense.
6. Grantee agency agrees to submit additional aggregate reporting measures as determined
necessary which may include demographic and geographic information of individuals
served. Reporting measures shall not include any personally identifying information or
protected health information.
7. The State of Colorado is accountable to the Treasury for oversight of their subrecipients,
including ensuring their subrecipients comply with the SLFRF statute, SLFRF Award Terms
and Conditions, Treasury's Interim Final Rule, and reporting requirements, as applicable.
Subrecipients will also be held accountable to these provisions and reporting requirements.
Page 1 2
8. The grantee agency is required to have an active registration with the System for Award
Management(SAM) (https://www.sam.gov). To ensure timely receipt of funding, Treasury
has stated that Non-entitlement Units of Government(NEUs)who have not previously
registered with SAM.gov may do so after receipt of the award, but before the submission of
mandatory reporting.
The grantee agency certifies that it has not been debarred or suspended or otherwise found
to be ineligible for participation in Federal assistance programs under Executive Order
12549, "Debarment and Suspension."
9. Grantee Agency agrees to maintain records and financial documents for five years after all
funds have been expended or returned to Treasury. The State of Colorado and/or the US
Treasury may request transfer of records of long-term value at the end of such period.
Wherever practicable, such records should be collected,transmitted, and stored in open and
machine-readable formats.
Grantee agency agrees to provide or make available such records to the State of Colorado,
local VALE Board, and/or Treasury upon request, and to any authorized oversight body,
including but not limited to the Government Accountability Office ("GAO"), Treasury's
Office of Inspector General ("OIG"), and the Pandemic Relief Accountability Committee
("PRAC").
10. Recipients and subrecipients at any tier that expend more than $750,000 in Federal awards
during their fiscal year will be subject to an audit under the Single Audit Act and its
implementing regulation at 2 CFR Part 200, Subpart F regarding audit requirements.
Recipients and subrecipients may also refer to the Office of Management and Budget
(OMB)Compliance Supplements for audits of federal funds and related guidance and the
Federal Audit Clearinghouse to see examples and single audit submissions.
11. Recipients of Federal financial assistance from the Treasury are required to meet legal
requirements relating to nondiscrimination and nondiscriminatory use of Federal funds.
Those requirements include ensuring that entities receiving Federal financial assistance from
the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race,
color, national origin(including limited English proficiency), disability, age, or sex
(including sexual orientation and gender identity), in accordance with the following
authorities: Title VI of the Civil Rights Act of 1964 (Title VI)Public Law 88-352, 42 U.S.C.
2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section
504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by
Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title
IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part
28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the
Department implementing regulations at 31 CFR part 23.
In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act,
Treasury will collect and review information from recipients to ascertain their compliance
with the applicable requirements before and after providing financial assistance. Treasury's
implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ)regulations,
Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42,
provide for the collection of data and information from recipients (see 28 CFR 42.406).
Treasury may request that recipients submit data for post-award compliance reviews,
Page 1 3
including information such as a narrative describing their Title VI compliance status.
12. SPECIAL CONDITIONS for the award that have been stipulated between the local VALE
Board and the grantee agency are as follows:
a. Grantee agency must notify the 19th JD VALE Board if the agency has obtained
funding for a specific 19th JD VALE grant funded position which totals more than
100%of the total cost for that position. The grantee agency must resolve the
allocation of funds to the satisfaction of the 19th JD VALE Board.
b. Grantee agency must notify the 19th JD VALE Board in writing within 7 days, via e-
mail or regular mail, of any 19th JD VALE grant funded personnel position that is
vacant for 45 days or more. Changes in grant funded personnel must be listed on the
quarterly financial report under"Employee Name."
c. Grantee agency must notify the VALE Board in writing within 30 days, with
notification on agency letterhead, of any change of an official and/or employee who is
listed as a responsible signatory on this 19th JD VALE grant funded project.
13. Any proposed change in the use of grant funds from the contracted budget must be
submitted in writing and approved by the local VALE Board or VALE Administrator prior
to any such change.No request will be considered after June 15, 2022.
14. All funds must be expended during the contractual time.Any funds from the Award that
have not been spent by Grantee as of June 30, 2022,will revert to the Economic Recovery
and Relief Cash Fund created in Section 24-75-228, C.R.S.
15. The grantee agency agrees that all funds received under this contract shall be expended
solely for the purpose stated in the grant and approved by the local VALE Board. Any
funds not so expended including funds lost or diverted to other purposes, shall be repaid to
the local VALE fund no later than 30 days after the end of the contract.
16. Non-compliance with any portion of the contract may result in termination of the grant,
withholding of funds, returning money to the local VALE fund, and/or other action as
deemed necessary by the members of the local VALE Board.
17. Amendments of any terms of this contract shall have prior approval of the local VALE
Board. Requests to amend this contract shall be in writing.
18. The Grantee Agency certifies by signing this contract that it shall comply with the
RESTRICTIONS ON PUBLIC BENEFITS, set forth in CRS 24-76.5-103 et seq.
Page 1 4
The grantee agency,through the following electronic or original signatories,understands and agrees that
any VALE monies received in 2022 as a result of the awarding of the grant application shall be subject to
the terms and conditions of this contract.
Project Director:
Signature: JoAnn HoldenDigitally signed by JoAnn Holden
Date:2021.12.0810:21:41-07'00' Date:
Printed Name and Title: JoAnn Holden, Director of Victim Services
Financial Officer:
Chris D'Ovidio Digitally signed by Chris D'Ovidio
Signature: Date:2021.12.14 08:59:16-07'00' Date:
Printed Name and Title: Christopher D'Ovidio, Controller
Authorized Official:
Signature: Steve Moreno D Date:tally 202si1.12.13edby11:25Steve:1Moreno2-07'00' Date:
Printed Name and Title: Steve Moreno, Chair Weld County Commissioners
VALE Board
Signature: Vera Rowe DigitaDate:1ly 2021..1 signed by
07'00' Date: 12/27/2021
Printed Name and Title: Vera Rowe, Chair of VALE Board
• The Project Director:The person who has direct responsibility for the implementation of the project. This
person should combine knowledge and experience in the project area with ability to administer the project and
supervise personnel. He/She shares responsibility with the Financial Officer for seeing that all expenditures are
within the approved budget. This person will normally devote a major portion of his/her time to the project and
is responsible for meeting all reporting requirements. The Project Director must be a person other than the
Authorized Official or the Financial Officer.
• Financial Officer: The person who is responsible for all financial matters related to the program and who has
responsibility for the accounting,management of funds,verification of expenditures,audit information and
financial reports. The person who actually prepares the financial reports may be under the supervision of the
Financial Officer. The Financial Officer must be a person other than the Authorized Official or Project
Director.
• Authorized Official: The authorized official is the person who is,by virtue of their position,authorized to enter
into legal contracts for the funded agency;for example,if the funded agency is one of the following,then the
corresponding authorized official is as follows:state agency-department or division director;city-mayor or
city manager;county-chairperson of the county commissioners;sheriffs department-chairperson of the
county commissioners;police department-mayor or city manager;courts-chief judge;district attorney's office
-district attorney;institution of higher education-president of the institution or chair/dean of the appropriate
department;private non-profit agency-president or chairperson of the board of directors;school district-
superintendent/assistant superintendent. The authorized official must be a person other than the project director
or the financial officer.
NOTE: If someone other than the AUTHORIZED OFFICIAL as described above has been delegated the authority
to enter into contractual agreements such as this grant,you must provide official documentation of delegation(such
as bylaws or resolutions)immediately following the signature page.
Page 1 5
Exhibit E, AGREEMENT. `-, III H SUBSUBRECIPIENT OF FEDERAL
1 LC O ERY t.4.UNDS
•
Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the
American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the
Department of the Treasury (Treasury) to make payments to certain Subrecipients from
the Coronavirus State Fiscal Recovery Fund. The State of Colorado has signed and
certified a separate agreement with Treasury as a condition of receiving such payments
from the Treasury. This agreement is between your organization and the State and your
organization is signing and certifying the same terms and conditions included in the
State's separate agreement with Treasury. Your organization is referred to as a
Subrecipient.
As a condition of your organization receiving federal recovery funds from the State, the
authorized representative below hereby,(i) certifies that your organization will carry out
the activities listed in section 602(c)of the Act and(ii)agrees to the terms attached hereto.
Your organization also agrees to use the federal recovery funds as specified in bills passed
by the General Assembly and signed by the Governor.
Under penalty of perjury, the undersigned official certifies that the authorized
representative has read and understood the organization's obligations in the Assurances
of Compliance and Civil Rights Requirements, that any information submitted in
conjunction with this assurances document is accurate and complete, and that the
organization is in compliance with the nondiscrimination requirements.
Subrecipient Name: District Attorney's Officel9th Judicial District
Authorized Representative:Steve Moreno
Title: Chair, Weld County Commissioners
g Steve Moreno Digitally signed by Steve Moreno
Signature: Date:2021.12.13 11:25:36-07'00'
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
TERMS AND CONDITIONS
1. Use of Funds.
a. Subrecipient understands and agrees that the funds disbursed under this award
may only be used in compliance with section 602(c) of the Social Security Act
(the Act) and Treasury's regulations implementing that section and guidance.
b. Subrecipient will determine prior to engaging in any project using this assistance
that it has the institutional, managerial, and financial capability to ensure proper
planning,management, and completion of such project.
2. Period of Performance. The period of performance for this award begins on the date
hereof and ends on December 31, 2026. As set forth in Treasury's implementing
regulations, Subrecipient may use award funds to cover eligible costs incurred during
the period that begins on March 3, 2021, and ends on December 31,2024.
3. Reporting. Subrecipient agrees to comply with any reporting obligations established by
Treasury as they relate to this award. Subrecipient also agrees to comply with any reporting
requirements established by the Governor's Office and Office of the State Controller. The
State will provide notice of such additional reporting requirements via Exhibit G —
Reporting Modification Form.
4. Maintenance of and Access to Records
a. Subrecipient shall maintain records and financial documents sufficient to
evidence compliance with section 602(c), Treasury's regulations implementing
that section, and guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability
Office,or their authorized representatives,shall have the right of access to records
(electronic and otherwise) of Subrecipient in order to conduct audits or other
investigations.
c. Records shall be maintained by Subrecipient for a period of five (5) years after
all funds have been expended or returned to Treasury, whichever is later.
5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid
with funding from this award.
6. Administrative Costs. Subrecipient may use funds provided under this award to cover
both direct and indirect costs. Subrecipient shall follow guidance on administrative
costs issued by the Governor's Office and Office of the State Controller.
Cost Sharing. Cost sharing or matching funds are not required to be provided by
7. Subrecipient.
8. Conflicts of Interest. The State of Colorado understands and agrees it must maintain a
conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of
interest policy is applicable to each activity funded under this award. Subrecipient and
Contractors must disclose in writing to the Office of the State Controller or the pass-
through entity, as appropriate, any potential conflict of interest affecting the awarded
funds in accordance with 2 C.F.R. § 200.112. The Office of the State Controller shall
disclose such conflict to Treasury.
9. Compliance with Applicable Law and Regulations.
a. Subrecipient agrees to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f) of the Act, and
guidance issued by Treasury regarding the foregoing. Subrecipient also agrees to
comply with all other applicable federal statutes, regulations, and executive
orders,and Subrecipient shall provide for such compliance by other parties in any
agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include,without limitation,the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such
provisions as Treasury may determine are inapplicable to this Award and
subject to such exceptions as may be otherwise provided by Treasury.
Subpart F—Audit Requirements of the Uniform Guidance, implementing
the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Government wide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the
requirement to include a term or condition in all lower tier covered
transactions (Agreements and Subcontractors described in 2 C.F.R. Part
180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury's implementing regulation at 31 C.F.R. Part 19.
v. Subrecipient Integrity and Performance Matters, pursuant to which the
award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is
hereby incorporated by reference.
vi. Government wide Requirements for Drug-Free Workplace, 31 C.F.R. Part
20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of
1970 (42 U.S.C. §§ 4601-4655)and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award
include, without limitation,the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§2000d et seq.)and
Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit
discrimination on the basis of race, color, or national origin under
programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42
U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on
the basis of race, color, religion, national origin, sex, familial status, or
disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability under any
program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended(42 U.S.C. §§ 6101 et
seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23,
which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of
disability under programs, activities, and services provided or made
available by state and local governments or instrumentalities or agencies
thereto.
Remedial Actions. In the event of Subrecipient's noncompliance with section 602 of
the Act, other applicable laws, Treasury's implementing regulations, guidance, or
any reporting or other program requirements, Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds, if any, or
take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
violation of section 602(c)of the Act regarding the use of funds,previous payments
shall be subject to recoupment as provided in section 602(e) of the Act and any
additional payments may be subject to withholding as provided in sections
10. 602(b)(6)(A)(ii)(III) of the Act, as applicable.
11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch
Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political activities of
State or local government employees whose principal employment is in connection with
an activity financed in whole or in part by this federal assistance.
12. False Statements. Subrecipient understands that making false statements or claims in
connection with this award is a violation of federal law and may result in criminal,
civil, or administrative sanctions, including fines, imprisonment, civil damages and
penalties, debarment from participating in federal awards or Agreements, and/or any
other remedy available by law.
13. Publications. Any publications produced with funds from this award must
display the following language: "This project [is being] [was] supported, in
whole or in part, by federal award number SLFRF0126 awarded to the State of
Colorado by the U.S. Department of the Treasury."
14. Debts Owed the Federal Government.
a. Any funds paid to the Subrecipient (1) in excess of the amount to which the
Subrecipient is finally determined to be authorized to retain under the terms
of this award; (2) that are determined by the Treasury Office of Inspector
General to have been misused; or (3) that are determined by Treasury to be
subject to a repayment obligation pursuant to sections 602(e) and
603(b)(2)(D) of the Act and have not been repaid by the Subrecipient shall
constitute a debt to the federal government.
b. Any debts determined to be owed to the federal government must be paid
promptly by Subrecipient. A debt is delinquent if it has not been paid by the
date specified in Treasury's initial written demand for payment, unless other
satisfactory arrangements have been made or if the Subrecipient knowingly
or improperly retains funds that are a debt as defined in paragraph 14(a).
Treasury will take any actions available to it to collect such a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons
resulting in death, bodily injury, property damages, or any other losses
resulting in any way from the performance of this award or any other losses
resulting in any way from the performance of this award or any Agreement,
or Subcontractor under this award.
b. The acceptance of this award by Subrecipient does not in any way establish
an agency relationship between the United States and Subrecipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote,
or otherwise discriminate against an employee in reprisal for disclosing to any of
the list of persons or entities provided below, information that the employee
reasonably believes is evidence of gross mismanagement of a federal Agreement
or grant,a gross waste of federal funds,an abuse of authority relating to a federal
Agreement or grant, a substantial and specific danger to public health or safety,
or a violation of law,rule,or regulation related to a federal Agreement(including
the competition for or negotiation of an Agreement)or grant.
b. The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for Agreement or grant oversight or
management;
v. An authorized official of the Department of Justice or other law
enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Subrecipient,
Contractor, or Subcontractor who has the responsibility to
investigate, discover, or address misconduct.
c. Subrecipient shall inform its employees in writing of the rights and remedies
provided under this section,in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,
62 FR 19217 (Apr. 18, 1997), Subrecipient should encourage its Contractors to
adopt and enforce on-the-job seat belt policies and programs for their employees
when operating company-owned, rented or personally owned vehicles.
1. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR
51225 (Oct. 6, 2009), Subrecipient should encourage its employees, Subrecipients, and
Contractors to adopt and enforce policies that ban text messaging while driving, and
Subrecipient should establish workplace safety policies to decrease accidents caused by
distracted drivers.
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS
REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF
1964
As a condition of receipt of federal financial assistance from the Department of the
Treasury, the Subrecipient provides the assurances stated herein. The federal financial
assistance may include federal grants, loans and Agreements to provide assistance to the
Subrecipient's beneficiaries,the use or rent of Federal land or property at below market value,
Federal training, a loan of Federal personnel, subsidies, and other arrangements with the
intention of providing assistance. Federal financial assistance does not encompass
Agreements of guarantee or insurance, regulated programs, licenses, procurement
Agreements by the Federal government at market value, or programs that provide direct
benefits.
The assurances apply to all federal financial assistance from or funds made available
through the Department of the Treasury, including any assistance that the Subrecipient may
request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the
assurances apply to all of the operations of the Subrecipient's program(s)and activity(ies), so
long as any portion of the Subrecipient's program(s) or activity(ies) is federally assisted in
the manner prescribed above.
1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act
of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,
or subjection to discrimination under programs and activities receiving federal financial
assistance, of any person in the United States on the ground of race, color, or national origin
(42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI
regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order
13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services
for Persons with Limited English Proficiency," seeks to improve access to federally
assisted programs and activities for individuals who, because of national origin, have
Limited English proficiency(LEP).Subrecipient understands that denying a person access
to its programs, services, and activities because of LEP is a form of national origin
discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury's implementing regulations. Accordingly, Subrecipient shall
initiate reasonable steps, or comply with the Department of the Treasury's directives, to
ensure that LEP persons have meaningful access to its programs, services, and activities.
Subrecipient understands and agrees that meaningful access may entail providing
language assistance services, including oral interpretation and written translation where
necessary, to ensure effective communication in the Subrecipient's programs, services,
and activities.
3. Subrecipient agrees to consider the need for language services for LEP persons when
Subrecipient develops applicable budgets and conducts programs, services,and activities.
As a resource, the Department of the Treasury has published its LEP guidance at 70 FR
6067. For more information on taking reasonable steps to provide meaningful access for
LEP persons, please visit http://www.lep.gov.
4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a
condition of continued receipt of federal financial assistance and is binding upon
Subrecipient and Subrecipient's successors, transferees, and assignees for the period in
which such assistance is provided.
5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
subcontractors, successors, transferees, and assignees to comply with assurances 1-4
above, and agrees to incorporate the following language in every Agreement or
agreement subject to Title VI and its regulations between the Subrecipient and the
Subrecipient's sub-grantees, Contractors, Subcontractors, successors, transferees, and
assignees:
The sub-grantee, Contractor, Subcontractor, successor, transferee, and assignee shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients of
federal financial assistance from excluding from a program or activity, denying benefits
of or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this Agreement (or agreement). Title VI also includes protection to
persons with "Limited English Proficiency"in any program or activity receiving federal
financial assistance, 42
U.S.C. §2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part
of this Agreement or agreement.
6. Subrecipient understands and agrees that if any real property or structure is provided or
improved with the aid of federal financial assistance by the Department of the Treasury,this
assurance obligates the Subrecipient, or in the case of a subsequent transfer, the transferee,
for the period during which the real property or structure is used for a purpose for which the
federal financial assistance is extended or for another purpose involving the provision of
similar services or benefits. If any personal property is provided,this assurance obligates the
Subrecipient for the period during which it retains ownership or possession of the property.
7. Subrecipient shall cooperate in any enforcement or compliance review activities by the
Department of the Treasury of the aforementioned obligations. Enforcement may include
investigation, arbitration, mediation, litigation, and monitoring of any settlement
agreements that may result from these actions. The Subrecipient shall comply with
information requests, on-site compliance reviews and reporting requirements.
8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of
any complaints of discrimination on the grounds of race,color,or national origin,and limited
English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing
regulations and provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome. Subrecipient also must inform the
Department of the Treasury if Subrecipient has received no complaints under Title VI.
9. Subrecipient must provide documentation of an administrative agency's or court's
findings of non-compliance of Title VI and efforts to address the non-compliance,
including any voluntary compliance or other agreements between the Subrecipient and
the administrative agency that made the finding. If the Subrecipient settles a case or
matter alleging such discrimination, the Subrecipient must provide documentation of
the settlement. If Subrecipient has not been the subject of any court or administrative
agency finding of discrimination, please so state.
10. If the Subrecipient makes sub-awards to other agencies or other entities,the Subrecipient
is responsible for ensuring that sub-Subrecipients also comply with Title VI and other
applicable authorities covered in this document State agencies that make sub-awards
must have in place standard grant assurances and review procedures to demonstrate that
that they are effectively monitoring the civil rights compliance of sub- Subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this
assurances document and nothing in this document alters or limits the federal enforcement
measures that the United States may take in order to address violations of this document or
applicable federal law.
RE: TWO (2) CONTRACTS FOR 2022 VICTIM ASSISTANCE AND LAW ENFORCEMENT
(VALE) GRANT FOR VICTIM WITNESS ASSISTANCE UNIT
APPROVED AS TO SUBS E:
Elected Official or De rtment Head
APPROVED T,Q,E ING:
Controller
APPROVED AS TO FORM:
County Attorney
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