HomeMy WebLinkAbout20202886.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL GRANT AGREEMENT AWARD LETTER AND
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS FOR CORONAVIRUS
(COVID-19) EMERGENCY SUPPLEMENTAL FUNDING (CESF) PROGRAM FOR
REDUCING TRANSMISSION OF CORONAVIRUS FOR LAW ENFORCEMENT AND
INMATES, 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 Intergovernmental Grant Agreement
Award Letter and Summary of Grant Award Terms and Conditions for the Coronavirus
(COVID-19) Emergency Supplemental Funding (CESF) Program for Reducing Transmission of
Coronavirus for Law Enforcement and Inmates 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, commencing upon full execution of signatures, and ending
January 31, 2022, with further terms and conditions being as stated in said award letter, and
WHEREAS, after review, the Board deems it advisable to approve said award letter, 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 Intergovernmental Grant Agreement Award Letter and Summary
of Grant Award Terms and Conditions for the Coronavirus (COVID-19) Emergency Supplemental
Funding (CESF) Program for Reducing Transmission of Coronavirus for Law Enforcement and
Inmates 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 sign and submit said award letter electronically.
CC: SO(5 K) Ac r(8c/cD)
2020-2886
SO0041
BC0054
APPROVE INTERGOVERNMENTAL GRANT AGREEMENT AWARD LETTER AND SUMMARY
OF GRANT AWARD TERMS AND CONDITIONS FOR CORONAVIRUS (COVID-19)
EMERGENCY SUPPLEMENTAL FUNDING (CESF) PROGRAM FOR REDUCING
TRANSMISSION OF CORONAVIRUS FOR LAW ENFORCEMENT AND INMATES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of September, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dadvsj GC `ekyo:4A
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPR
ounty orney
Date of signature: oQ/2gf/2
Mike Freeman, Chair
Kevin D. Ross
2020-2886
SO0041
BC0054
en+rac+ 4Pc-11O1
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE:
DEPARTMENT:
DATE:
CO Division of Criminal Justice FY 2020 Coronavirus Emergency Supplemental
Funding Grant award acceptance
Sheriff's Office
9/11/2020
PERSON REQUESTING: Sonja Kohlgraf, WCSO's Budget Manager
Brief description of the problem/issue:
The WC Sheriffs Office applied for the CO Division of Criminal Justice FY 2020 Coronavirus Emergency Supplemental Funding
Program in May 2020. The award has been given to us on 9-11-2020 in the amount of $19,382. We are requesting the approval to
accept and the Docu Sign completion in ZoomGrants by the Chair to the Board.
The Coronavirus Emergency Supplemental Funding (CESF) Program provides funding to assist in preventing, preparing for, and
responding to the coronavirus,
The Weld County Sheriff's Office will apply the funds to cover cost for Medical Personal Protective Equipment and thermometers.
The break down in funding amount is:
• Washable cloth masks for inmates $11,200
• Touchless Thermometers $696
• Disposable gloves $3,351
• Hand Sanitizer and disinfecting wipes $4,135
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
• Approve the acceptance of the award and have the Chair sign the DocuSign document in ZoomGrants.
• Deny the grant acceptance of funds. This will lead to either increased general fund dollars to fight the Corona Virus outbreak.
• Schedule a work session to discuss further.
Recommendation:
• Authorize the acceptance of the grant award given by the CO Division of Criminal Justice FY 2020 Coronavirus Emergency
Supplemental Funding in the amount of $19,382 via ZoomGrants.
Approve
Recommendation
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin D. Ross
Schedule
Work Session
Other/Comments:
2020-2886
30004 I
C3coo s9
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
GRANT AWARD LETTER (Intergovernmental Grant Agreement)
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency
Department of Public Safety, Division of Criminal Justice
DCJ Grant Number:
2020 -VD -20-19-49
Grantee
Weld County
Grant Amount
Federal Award #2020-VD-BX-0209: $19,382
Total Grant Funds Awarded: $19,382
Grantee DUNS: 075757955
Match Percentage Required: 0%
Grant Issuance Date (Start Date): 1/20/2020
Grant Expiration Date: 1/31/2022
Is this Award for Research and Development (R&D)? No
State Grant Authority
The Division of Criminal Justice is authorized to disburse
these funds by Colorado Revised Statute 24-33.503 and 507
Grant Description (for this grant award): The scope of this proposal is to minimize the exposure and infection with
Coronavirus within the Weld County Sheriffs Office by distributing washable cloth masks to the Weld County Jail inmates and
provide staff with hand sanitizer, disposable gloves and thermometers.
Agreement Purpose (Purpose of funding source and selection):
These are emergency funds and released by a review panel. The Coronavirus Emergency Supplemental Funding (CESF)
Program purpose is to support both state and local governments/agencies via a broad range of criminal justice and law
enforcement activities to prevent, prepare and respond to the coronavirus.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
1. Exhibit Al, Sample Option Letter
2. Exhibit A2, Sample 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. Exhibit D, Federal Requirements.
3. The provisions of the other sections of the main body of this Grant.
4. Exhibit B, Grant Requirements
5. Exhibit E, Statement of Work.
6. Exhibit F, Budget.
Page 1 of 14 Version 1018 (DCJ 1.3_07/16/19)
aa,20-OF6.
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21 DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Award Office
U.S. Department of Justice (US DOJ), Office of Justice Programs Office (OJP), Bureau of
Justice Assistance (BJA)
Grant Program
Coronavirus Emergency Supplemental Funding Program (CESF)
CFDA
16.034 - Coronavirus Emergency Supplemental Funding Program
Federal Award Number(s)
2020-VD-BX-0209
Federal Award Date
04/24/2020
Federal Award End Date *
01/31/2022
Federal Statutory
Authority
This project is supported under FY20 (BJA - CESF) Pub. L. No. 116-136, Div. B; 28 U.S.C.
530C
Total Amount of Federal
Award (this is not the
amount of this grant
agreement)
$9,184,619
* The Federal Award End Date is current at the time of this award. All federal funds are subject to availability as
described in §2.B and §5.A below.
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and wan -ants that the signer is duly authorized to execute this Agreement
and to bind the Party authorizing such sienature.
GRANTEE
'Weld County
/—DocuSigned by:
AtiL,'Vt,tAaaA,
'-- FA4457n642AF4A7
STATE OF COLORADO
Jared Polis, Governor
Department of Public Safety
Stan Hilkey, Executive Director
,,—DocuSigned by:
Pt-Wt.1L1L1/t 11
"--14nR4BF24n044C2
By: Mike Freeman, Chair
Board of County Commissioners
09/21/2020
Date:
By: Division of Criminal Justice
O Joe Thome, Director, or
Debbie Oldenettel, Deputy Director
09/21/2020
Date:
In accordance with §24-30-202, C.R.S.,
this Agreement is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
DocuSigned by:
x0,05...
By: Lyndsay J. Clelland, Contract and Grant Coordinator, Division of Criminal Justice
09/21/2020
Effective Date:
Page 2 of 14
Version 1018 (DCJ 1.3_07//16/19)
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
TABLE OF CONTENTS
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS 1
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD 2
SIGNATURE PAGE 2
1. GRANT 3
2. TERM 3
3. DEFINITIONS 4
4. STATEMENT OF WORK 7
5. PAYMENTS TO GRANTEE 8
6. REPORTING - NOTIFICATION 8
7. GRANTEE RECORDS 9
8. CONFIDENTIAL INFORMATION -STATE RECORDS 9
9. CONFLICTS OF INTEREST 11
10. INSURANCE 11
11. REMEDIES 11
12. DISPUTE RESOLUTION 11
13. NOTICES AND REPRESENTATIVES 11
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 12
15. GOVERNMENTAL IMMUNITY 12
16. GENERAL PROVISIONS 12
EXHIBIT Al, SAMPLE OPTION LETTER 1
EXHIBIT A2, SAMPLE 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 by providing Grantee with a written notice to Grantee in a form substantially equivalent
to Exhibit Al, Sample Option Letter showing the new Grant Expiration Date. Authorized
costs incurred prior to the Effective Date, but no earlier than the Grant Issuance Date, may
be submitted for reimbursement as provided in §5.A and §5.B below.
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DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
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
percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed, as determined by the State,
less payments previously made. Additionally, the State, in its discretion, may reimburse
Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this
Grant Award Letter that are incurred by Grantee and are directly attributable to the
uncompleted portion of Grantee's obligations, provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder. 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, or to the Federal
Awarding Agency with a copy 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, Budget.
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. "CM" 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. "Equipment" means tangible, nonexpendable property with an acquisition cost of $5,000 or
more and a useful life of more than one year. Software, regardless of cost, is not considered
equipment.
F. "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.
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DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
G. "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.
H. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
I. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this Grant
Award Letter.
J. "Exhibits" exhibits and attachments included with this Grant as shown on the first page of
this Grant.
K. "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.
L. "Federal Award" means an award of Federal financial assistance by a Federal Awarding
Agency to the Recipient. "Federal Award" also means an agreement setting forth the terms
and conditions of the Federal Award. The term does not include payments to a contractor or
payments to an individual that is a beneficiary of a Federal program.
M. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient. The Federal Award Office listed in the table FEDERAL AWARD(S)
APPLICABLE TO THIS GRANT AWARD found on pages 1 or 2 of this grant, is the Federal
Awarding Agency for the Federal Award which is the subject of this Grant.
N. "Forms" are a type of document with various different blank spaces for answers or
information to document or request information and attached as exhibits or provided to the
Grantee throughout the term of this grant. Forms will be periodically updated, changed,
modified, adjusted, transformed, amended, or altered at the discretion of the State and
provided to the Grantee to best meet the needs of the information being collected and
recorded.
O. "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.
P. "Grants Management System" or "GMS" means any online electronic grant system used
to solicit, apply, review, manage, and close out a grant. (Use of a GMS is established by the
state agency or division managing the grant funds).
"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.
R. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Expiration Date.
S. "Matching Funds" means the funds provided Grantee as a match required to receive the
Grant Funds.
T. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
U. "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.
Q.
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DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
V. "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.
W. "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.
X. "Program" means the Grant Program listed in the table FEDERAL AWARD(S)
APPLICABLE TO THIS GRANT AWARD found on pages 1 or 2 of this grant.
Y. "Recipient" means the State Agency shown on the first page of this Grant Award Letter, for
the purposes of the Federal Award.
Z. "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.
AA. "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.
BB. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
CC. "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.
DD. "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.
EE. "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
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DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21 DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
down to this Sub -Award unless the terms and conditions of the Federal Award specifically
indicate otherwise.
FF. "Subcontractor" means third -parties, if any, engaged by Grantee or Subgrantee to aid in
performance of the Work. This establishes a procurement relationship. The subcontractor
provides goods or services for the benefit of the purchaser.
GG. "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. A subgrantee receiving federal grant funds is also
called a subrecipient. There may be multiple tiers of subgrantees/subrecipients and do not
include procurement transactions.
HH. "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. There
may be multiple tiers of subrecipients.
II. "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.
JJ. "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.
KK. "Work" means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
LL. "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, Statement of Work. The State shall have no liability to compensate
or reimburse Grantee for the delivery of any goods or the performance of any services that are not
specifically set forth in this Grant Award Letter.
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DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
5. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount for
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. 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 received 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 State 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).
C. 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 remaining funds until all final documentation has been submitted and
accepted by the State as substantially complete.
6. REPORTING - NOTIFICATION
A. Quarterly Reports.
Grantee shall submit, on a quarterly basis, a written progress report and financial report. Such
progress reports shall be in accordance with the procedures developed and prescribed by the
DCJ State Administrative Guide. Progress reports shall be submitted to the State not later
than 15 Days following the end of each calendar quarter or at such time as otherwise specified
by the State. If the 15th does not fall on a Business Day, the report is due the following
Business Day.
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DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
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.C, 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
Award. The State 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 the completion of the close out of this
Grant. Grantee shall permit the State 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.
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 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 subgrant, then the subgrant entered into by Grantee shall contain provisions
permitting the Grant, State, Federal Awarding Agency, and Federal Office of Inspector
General to perform all monitoring of that Subgrant in accordance with the Uniform Guidance.
Grantee's failure to comply with and/or correct monitoring findings shall constitute a breach
of this Grant Agreement.
C. Final Audit Report
Grantee shall promptly submit to the State a copy of the Grantee Agency's final audit report
in accordance with Exhibit B, Grant Requirements §1.
8. CONFIDENTIAL INFORMATION -STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subgrantees and Subcontractors to hold and
maintain, any and all State Records that the State provides or makes available to Grantee for
the sole and exclusive benefit of the State, unless those State Records are otherwise publically
available at the time of disclosure or are subject to disclosure by Grantee under CORA.
Grantee shall not, without prior written approval of the State, use for Grantee's own benefit,
publish, copy, or otherwise disclose to any third party, or permit the use by any third party
for its benefit or to the detriment of the State, any State Records, except as otherwise stated
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Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
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, Subgrantee or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
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Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
E. Safeguarding PII
If Grantee or any of its Subgrantees or 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 Subgrantee or 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.
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Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State 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. 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.
C. 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.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant
Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of
the updated 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. Modifications permitted under
this Agreement, other than Agreement amendments, shall conform to the policies issued by
the Colorado State Controller.
i. The State may, at the State's discretion, use an Option Letter or Grant Funding Change
letter substantially equivalent to Exhibit Al, Sample Option Letter and Exhibit A2,
Sample Grant Funding Change Letter to modify the grant agreement. If exercised,
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Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
the provisions of the Grant Funding Change Letter shall become part of and be
incorporated into the original grant.
ii. The State may increase or decrease the quantity of goods/services described Exhibit E,
Statement of Work and Exhibit F, Budget based upon the rates established in the
Grant. If the State exercises the option, it will provide written notice to Grantee at least
15 days prior to the end of the current grant term in a form substantially equivalent to
Exhibit Al, Sample Option Letter.
iii. The State may add or delete the goods/services described Exhibit E, Statement of
Work and Exhibit F, Budget as long as the change does not change the overall scope
of the approve grant. If the State exercises the option, it will provide written notice to
Grantee at least 15 days prior to the end of the current grant term in a form substantially
equivalent to Exhibit Al, Sample Option Letter.
E. 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.
F. 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.
G. 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.
H. Subcontracts and Subgrants
Grantee shall not enter into any subgrant or subcontract in connection with its obligations
under this Agreement without the prior, written approval of the State. Grantee shall submit
to the State a copy of each such subgrant or subcontract upon request by the State. All
subgrants and subcontracts entered into by Grantee in connection with this Agreement 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
Agreement.
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.
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Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
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 Requirements
Grantee shall comply with all applicable requirements of Exhibit D, Federal Requirements
at all times during the term of this Grant.
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Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
EXHIBIT Al, SAMPLE OPTION LETTER
State Agency
Department of Public Safety, Division of Criminal Justice
Option Letter Number: Insert the Option Number (e.g. "1"
for the first option)
Grantee
This should match original grant agreement unles there has been
a legal name change.
Original Grant Number: Insert DCJ grant number
Agreement Performance Beginning Date (Start Date)
The later of the Effective Date or Month Day, Year
Current Agreement Expiration Date (End Date)
Month Day, Year
Agreement Maximum Amount
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Total Grant Funds Awarded: $0.00
Grantee Match Amount Required
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Total Match Required from Grantee: $0.00
Match Percentage Required: I 0%
1.
OPTIONS:
A. Option to extend for an Extension Term
B. Option to change the quantity of Goods under the Grant
C. Option to change the quantity of Services under the Grant
D. Option to modify Grant rates
E. Option to initiate next phase of the Grant
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) Number of the Original Grant referenced above, the
State hereby exercises its option for an additional term, beginning Insert start date and ending on the current
Grant expiration date shown above, at the rates stated in the Original Grant, as amended.
B. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Grant 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 Grant, as amended.
C. For use with Option 1(D): In accordance with Section(s) Number of the Original Grant referenced above, the
State hereby exercises its option to modify the Grant rates specified in Exhibit/Section Number/Letter. The
Grant rates attached to this Option Letter replace the rates in the Original Grant 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 Grant 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 Grant Maximum Amount: The Grant Maximum Amount table -on
the Grant's Signature and Cover Page is hereby deleted and replaced with the Current Grant Maximum Amount
table shown above.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later.
STATE OF COLORADO
Jared Polis, Governor
Department of Public Safety, Division of Criminal Justice
Stan Hilkey, Executive Director
By: Division of Criminal Justice
O Joe Thome, Director, or
0 Debbie Oldenettel, Deputy Director
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:
Lyndsay J. Clelland, Contract and Grants Coordinator,
Department of Public Safety, Division of Criminal Justice
Option Effective Date:
Exhibit Al
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Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
EXHIBIT A2, SAMPLE GRANT FUNDING CHANGE LETTER
State Agency
Department of Public Safety, Division of Criminal Justice
Grant Funding Change Letter Number: Insert the Option
Number (e.g. "1" for the first option)
Grantee
Insert Contractor's Full Legal Name, including "Inc.", "LLC",
etc...
Original DCJ Grant Number: DCJ Grant Number
Agreement Performance Beginning Date (Start Date): The
later of the Effective Date or Month Day, Year
Current Agreement Expiration Date (End Date)
Month Day, Year
Agreement Maximum Amount
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Total Grant Funds Awarded: $0.00
Grantee Match Amount Required
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Federal Award # 20XX-xx-xx-xxxx: $0.00
Total Match Required from Grantee: $0.00
Match Percentage Required: I 0%
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 this award is Increased/Decreased by $Amount of Change, because Insert Reason For
Change.
B. The total funding available for this grant 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 Polis, Governor
Department of Public Safety, Division of Criminal Justice
Stan Hilkey, Executive Director
By: Division of Criminal Justice
O Joe Thome, Director, or
O Debbie Oldenettel, Deputy Director
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:
Lyndsay J. Clelland, Contract and Grants Coordinator, Department of Public Safety, Division of Criminal Justice
Grant Funding Change Letter Effective Date:
Exhibit A2
Page 1 of 1
OSC1116 (DCJ 07/16/19)
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
EXHIBIT B, GRANT REQUIREMENTS
The following terms as used herein shall be construed and interpreted as follows:
1. AUDIT REQUIREMENTS
A. Due Date:
i. Project Start:
The Grantee must submit the most recent audit or financial review, including the
corresponding management letter, to DCJ within thirty (30) days of request; and, if the
most recent audit/financial review has not already been submitted to DCJ, it must be
submitted within thirty (30) days of the start of this project.
ii. Project End:
The Grantee assures that it will procure an audit or financial review, incorporating this
grant award, by an independent Certified Public Accountant (CPA), licensed to practice
in Colorado. The audit or financial review incorporating this grant award must be
completed and received by DCJ within nine (9) months of the end of the fiscal years that
includes the end date of the grant, or within thirty (30) days of the completion of such
audit or review, whichever is earlier.
B. Report/Audit Type:
i. If your entity expended $750,000 or more in Federal funds (from all sources including
pass -through subawards) in your organization's fiscal year (12 -month turnaround
reporting period), your organization is required to arrange for a single organization -wide
audit conducted in accordance with the provisions of Title 2 C.F.R. Subpart F (§ 200.500
et seq.)
ii. If your entity expends less than $750,000 in Federal funds (from all sources including
pass -through subawards) in your organization's fiscal year (12 -month turnaround
reporting period), your organization is required to arrange for either an audit or financial
review as follows:
a) Grantees that have revenue greater than $300,000 from all sources during the entity's
fiscal year are required by DCJ to obtain a financial audit
b) Grantees that have revenue less than $300,000 from all sources during the entity's
fiscal year are required by DCJ to obtain a financial audit or financial review. A
compilation is not sufficient to satisfy this requirement.
C. Report/Audit Costs:
The Grantee accepts responsibility for the costs of a financial program audit to be performed by
the Department of Public Safety in the event that the audit report or financial review:
i. does not meet the applicable federal audit or DCJ standards;
ii. is not submitted in a timely manner; or,
iii. does not provide an audit response plan with corresponding corrections made sufficient
to satisfy any audit findings.
Exhibit B
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Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
D. Failure to Comply:
The grantee understands and agrees that DCJ or the federal awarding office (DOJ) may
withhold award funds, or may impose other related requirements, if the grantee does not
satisfactorily and promptly address outstanding issues from audits required by Part 200
Uniform Requirements, by the terms of this award, by the current addition of the DOJ Grants
Financial Guide, or other outstanding issues that arise in connection with audits, investigations,
or reviews of DOJ awards.
2. 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 http://dcj.state.co.us/home/grants. 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.
3. 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.
4. AWARD CHANGE REQUESTS
A. 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 Grant Award
Letter 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 §16.D in the body of the
Grant Award Letter.
Exhibit B
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DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
EXHIBIT C, SPECIAL CONDITIONS
The following program specific requirements are imposed by the Federal sponsoring agency
concerning special requirements of law, program requirements, and other administrative requirements.
These requirements apply to this Agreement and must be passed on to subgrant award recipients.
The following Special Conditions documents are incorporated herein.
1. Signing Authority
This award must be signed by an authorized official of the applicant State, local, or tribal
government, on behalf of thatapplicant State, unit of local government, or Tribe, unless the
applicant designates an organizational unit to apply on itsbehalf. For example, if designated by a
unit of local government, a Police Department or Sheriff's Office (or similaragency) may apply on
behalf of the applicant jurisdiction, as long as the department, office, or agency is listed as
theorganizational unit on the SF -424. In that case, the head of the designated organizational unit
(such as a Police Chief orSheriff) may sign the award. Documentation of the designation by the
appropriate governing body must be retained bythe grant recipient.
2. The "Emergency Appropriations for Coronavirus Health Response and Agency Operations"
law
The "Emergency Appropriations for Coronavirus Health Response and Agency Operations" law
(Public Law 116-136) includes definitions, reporting requirements, and certain other provisions
that apply (whether in whole or in part) to this award. In addition, consistent with the CESF
Program's purposes, which involve preparing for, preventing, and responding to the coronavirus
national emergency, OJP will provide notice of any additional CESF program -specific grants
administrative requirements on an award page, accessible at
https://www.ojp.gov/funding/explore/CESFprogram-specific-condition, that is incorporated by
reference here.
3. Right to examine documents
The grantee agrees to comply with OJP and DCJ grant monitoring guidelines, protocols, and
procedures, and to cooperate with DCJ, Bureau of Justice Assistance (BJA) and the Office of the
Chief Financial Officer (OCFO) on all grant monitoring requests, including requests related to desk
reviews, enhanced programmatic desk reviews, and/or site visits. The grantee agrees to provide to
BJA and OCFO all documentation necessary to complete monitoring tasks, including
documentation related to any subawards made under this award. Further, the recipient agrees to
abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with DCJ's/BJA's/OCFO's grant monitoring activities may result in sanctions
affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General
for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an
award(s).
4. Required monitoring of subawards
The grantee must monitor subawards under this 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 recipient is
Exhibit C Page 1 of 3
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
responsible for oversight of subrecipient spending and monitoring of specific outcomes and
benefits attributable to use of award funds by subrecipients. The grantee agrees to submit, upon
request, documentation of its policies and procedures for monitoring of subawards under this
award.
5. 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 to DCJ using DCJ Form 1B.
6. Justice Information Sharing
Grantees are encouraged to comply any information -sharing projects funded under this award with
DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The grantee (and any
subrecipient at any tier) is encouraged to conform to the Global Standards Package (GSP) and all
constituent elements, where applicable, as described at: https://it.ojp.gov/ gsp_grantcondition. The
recipient (and any subrecipient at any tier) must document planned approaches to information sharing
and describe compliance with the GSP and appropriate privacy policy that protects shared
information.
7. 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
jurisdictions, such systems shall employ, to the extent possible, existing networks as the
communication backbone to achieve interstate connectivity.
8. Compliance with National Environmental Policy Act and related statutes
Upon request, the grantee (and any subrecipient at any tier) must assist 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 recipient or by a subrecipient. Accordingly, the recipient 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
recipient agrees to contact BJA. The recipient 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 recipient, a subrecipient, 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; 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
recipient 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
Exhibit C Page 2 of 3
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
recipient 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 Recipient's Existing Programs or Activities:
For any of the recipient's or its subrecipients' existing programs or activities that will be funded by
these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in
any preparation by BJA of a national or program environmental assessment of that funded program
or activity.
9. Expenditures requiring prior approval from BJA
No funds under this award may be expended on individual items costing $500,000 or more, or to
purchase Unmanned Aerial Systems (UAS), Unmanned Aircraft (UA), and/or Unmanned Aerial
Vehicles (UAV) without prior written approval from BJA. Grantee must submit a request in
writing to DCJ.
10. 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 nongovernmental DNA database
without prior express written approval from BJA. 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.
11. Body armor - compliance with NIJ standards and other requirements
Ballistic -resistant and stab -resistant body armor purchased with 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,
ballisticresistant 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.
Exhibit C Page 3 of 3
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
EXHIBIT D, FEDERAL REQUIREMENTS
The following federal requirements are imposed by the Federal sponsoring agency concerning special
requirements of law. Information on all pertinent award requirements also must be provided to any
subrecipient of the award.
The entire document is to be reviewed carefully before any decision to accept the award. Also, the
webpage entitled "Legal Notices: Special circumstances as to particular award conditions"
(ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm) is to be consulted prior to an acceptance.
Through that "Legal Notices" webpage, Office of Justice Programs (OJP) sets out -- by funding
opportunity -- certain special circumstances that may or will affect the applicability of one or more
award requirements. Any such legal notice pertaining to award requirements that is posted through that
webpage is incorporated by reference into the award.
Please note that award requirements include not only award conditions, but also compliance with
assurances and certifications that relate to conduct during the period of performance for the award.
Because these requirements encompass financial, administrative, and programmatic matters, as well as
other important matters (e.g., specific restrictions on use of funds), it is vital that all key staff know the
award requirements, and receive the award conditions and the assurances and certifications.
A. Civil Rights
Recipients of federal financial assistance from the OJP, must not engaged in discrimination
prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964
and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance
to give assurances that they will comply with those laws.
In addition to those civil rights laws, many grant program statutes contain nondiscrimination
provisions that require compliance with them as a condition of receiving federal financial assistance.
For a complete review of these civil rights laws and nondiscrimination requirements, in connection
with OJP awards, see
https://ojp.gov/funding/Explore/LegalOverview/C ivi lRightsRequirements.htm.
Under the delegation of authority, the Department of Justice (DOJ) Office for Civil Rights (OCR)
investigates allegations of discrimination against recipients from individuals, entities, or groups. In
addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria.
These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from
the Department are providing services in a nondiscriminatory manner to their service population or
have employment practices that meet equal -opportunity standards.
B. Certified Standard Assurances
Grantee certifies under penalty of perjury to the U.S. Department of Justice ("Department"), that all
of the following are true and correct:
i. Grantee will maintain safeguards to address and prevent any organizational conflict of interest,
and prohibit employees from using their positions in any manner that poses, or appears to pose, a
personal or financial conflict of interest.
ii. Grantee understands that the federal statutes and regulations applicable to the award include
statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition —
Exhibit D Page 1 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21 DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
a. Grantee understands that the applicable statutes pertaining to civil rights will include section
601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation
Act of 1973 (29 U.S.C.§ 794); section 901 of the Education Amendments of 1972 (20
U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102);
b. Grantee makes the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204.
iii. Grantee understands that the federal regulations applicable to the award include, but are not
limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts
22 (confidentiality — research and statistical information), 23 (criminal intelligence systems), 38
(regarding faith -based or religious organizations participating in federal financial assistance
programs), and 46 (human subjects protection).
iv. Grantee will assist the DOJ and/or DCJ as necessary (and will require subrecipients and
contractors to assist as necessary) with the Department's compliance with section 106 of the
National Historic Preservation Act of 1966 (54 U.S.C. § 306108), the Archeological and
Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508) and the National
Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335), and 28 C.F.R. Parts 61 (NEPA)
and 63 (floodplains and wetlands).
v. Grantee will give the Department and the Government Accountability Office, through any
authorized representative, access to, and opportunity to examine, all paper or electronic records
related to the award.
vi. If Grantee is a governmental entity, with respect to the award --
a. will comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655), which govern the treatment of persons
displaced as a result of federal and federally -assisted programs; and
b. will comply with requirements of 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 federal assistance.
C. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility
Matters; and Drug -Free Workplace Requirements
i.Lobbying: As required by 31 U.S.C. § 1352, as implemented by 28 C.F.R. Part 69, the Grantee
certifies and assures (to the extent applicable) the following:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Grantee, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the making of any Federal grant, the entering into
of any cooperative agreement, or the extension, continuation, renewal, amendment, or
modification of any Federal grant or cooperative agreement;
b. If the Grantee's award is in excess of $100,000, and any funds other than Federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection
with this Federal grant or cooperative agreement, the Applicant shall complete and submit
Standard Form - LLL, "Disclosure of Lobbying Activities" in accordance with its (and any
DOJ awarding agency's) instructions; and
Exhibit D Page 2 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21 DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
c. The Grantee shall require that the language of this certification be included in the award
documents for all subgrants and procurement contracts (and their subcontracts) funded with
Federal award funds and shall ensure that any certifications or lobbying disclosures required
of recipients of such subgrants and procurement contracts (or their subcontractors) are made
and filed in accordance with 31 U.S.C. § 1352.
ii. Debarment, Suspension, and Other Responsibility Matters
Pursuant to Department regulations on nonprocurement debarment and suspension implemented
at 2 C.F.R. Part 2867, and to other related requirements, the Grantee certifies, with respect to
prospective participants in a primary tier "covered transaction", as defined at 2 C.F.R. §
2867.20(a), that neither it nor any of its principals —
a. is presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency;
b. has within a three-year period preceding this application been convicted of a felony criminal
violation under any Federal law, or been convicted or had a civil judgment rendered against
it for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, tribal, or local) transaction or private
agreement or transaction;
c. is presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, tribal, or local) with commission of any of the offenses enumerated in
paragraph (b) of this certification; and/or
d. has within a three-year period preceding this application had one or more public transactions
(Federal, State, tribal, or local) terminated for cause or default.
iii. Federal Taxes
If the Grantee is a corporation, it certifies either that (1) the corporation has no unpaid Federal tax
liability that has been assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting the tax liability, or (2) the corporation has provided written
notice of such an unpaid tax liability (or liabilities) to the Division of Criminal Justice (DCJ).
iv. Drug -Free Workplace (Grantees Other Than Individuals)
As required by the Drug -Free Workplace Act of 1988, as implemented at 28 C.F.R. Part 83,
Subpart F, for grantees, as defined at 28 C.F.R. §§ 83.620 and 83.650:
a. Grantee certifies and assures that it will, or will continue to, provide a drug -free workplace
by —
(1) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in its workplace and
specifying the actions that will be taken against employees for violation of such
prohibition;
(2) Establishing an on -going drug -free awareness program to inform employees about —
(a) The dangers of drug abuse in the workplace;
(b) The Grantee's policy of maintaining a drug -free workplace;
Exhibit D Page 3 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
(c) Any available drug counseling, rehabilitation, and employee assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
(3) Making it a requirement that each employee to be engaged in the performance of the award
be given a copy of the statement required by paragraph (1);
(4) Notifying the employee in the statement required by paragraph (1) that, as a condition of
employment under the award, the employee will --
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of the employee's conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days after
such conviction;
(5) Notifying the DCJ, in writing, within 10 calendar days after receiving notice under
subparagraph (4)(b) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title of any such convicted employee to DCJ. Notice shall include the identification
number(s) of each affected award;
(6) Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (4)(b), with respect to any employee who is so convicted:
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency; and
(7) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (1), (2), (3), (4), (5), and (6).
v. Grantee acknowledges that a materially false, fictitious, or fraudulent statement (or concealment
or omission of a material fact) in this certification, or in the application that it supports, may be
the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34
U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and
administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730
and 3801-3812). Grantee also acknowledge that the Department's awards, including
certifications provided in connection with such awards, are subject to review by the Department,
including by its Office of the Inspector General.
D. Applicability
The Office of Justice Programs (OJP) funds this award. References to the DOJ applies to all OJP
awards.
Individual awards will also include special conditions. Those additional conditions may relate to the
particular statute, program, or solicitation under which the award is made; to the substance of the
funded application; to the subrecipient's performance under other federal awards; to the subrecipient's
legal status (e.g., as a for-profit entity); or to other pertinent considerations.
Exhibit D Page 4 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
E. Recipient
For the purposes of this document, the term "recipient" refers to the Legal Entity Name listed on the
Division of Criminal Justice (DCJ) Grant Award Document issued to a grantee receiving federal grants
funds from DCJ. The term Recipient and Grantee are used interchangeable within this Exhibit.
F. 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.
G. General Conditions
i. Requirements of the award; incorporation by reference; remedies for non-compliance or
for materially false statements
The conditions of this award are material requirements of the award. Compliance with any
assurances or certifications submitted by or on behalf of the recipient that relate to conduct
during the period of performance also is a material requirement of this award.
By signing and accepting the grant award on behalf of the recipient, the authorized recipient
official accepts all material requirements of the award, and specifically adopts, as if personally
executed by the authorized recipient official, all assurances or certifications submitted by or on
behalf of the recipient that relate to conduct during the period of performance.
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") or the Division of Criminal Justice (DCJ) taking appropriate action with respect to the
recipient and the award. Among other things, the OJP or DCJ may withhold award funds,
disallow costs, or suspend or terminate the award. The U.S. Department of Justice ("DOJ"),
including OJP 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), 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.
ii. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.
Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200
Uniform Requirements") apply to this award.
For more information and resources on the Part 200 Uniform Requirements as they relate to DOJ
awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.
Exhibit D Page 5 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9OC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
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.
iii. 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.
iv. 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 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.
v. 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
vi. 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.
Exhibit D Page 6 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
vii.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 (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).
viii. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must —
a. Ensure that, as part of the hiring process for any position within the United States that is
or will be funded (in whole or in part) with award funds, the recipient (or 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)(l) 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.
Exhibit D Page 7 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
4. Rules of construction
a. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under
this award" specifically includes (without limitation) any and all recipient (or any
subrecipient) officials or other staff who are or will be involved in the hiring process with
respect to a position that is or will be funded (in whole or in part) with award funds.
b. Employment eligibility confirmation with E -Verify
For purposes of satisfying the requirement of this condition regarding verification of
employment eligibility, the recipient (or any subrecipient) may choose to participate in,
and use, E -Verify (www.everify.gov), provided an appropriate person authorized to act
on behalf of the recipient (or subrecipient) uses E -Verify (and follows the proper E -
Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final
Nonconfirmation") to confirm employment eligibility for each hiring for a position in the
United States that is or will be funded (in whole or in part) with award funds.
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.
ix. 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.
x. 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.
Exhibit D Page 8 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
xi. 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 considers a procurement "contract" (and therefore does not
consider a subaward).
xii.Unreasonable restrictions on competition under the award; association with federal
government
SCOPE. This condition applies with respect to any procurement of property or services that is
funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any
tier, and regardless of the dollar amount of the purchase or acquisition, 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.
Exhibit D Page 9 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21 DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
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.
xiii. Requirements pertaining to prohibited conduct related to trafficking in persons
(including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited conduct
related to the trafficking of persons, whether on the part of recipients, subrecipients
("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the
recipient or of any subrecipient.
1. Section A. Provisions applicable to a recipient that is a private entity
a. During the period of time that this award is in effect, the recipient, the recipient's
employees, any subrecipient ("subgrantee"), and the employees of any subrecipient may
not engage in --
(1) Severe forms of trafficking in persons;
(2) Procurement of a commercial sex act;
(3) Use of forced labor in the performance of the award or any subaward ("subgrant")
under the award;
(4) Acts that directly support or advance trafficking in persons, including acts such as:
(a) Denying an employee access to the employee's own identity or immigration
documents (including by destroying or confiscating such documents);
(b) Without legally -sufficient justification as determined by OJP, failing to provide
(or pay for) return transportation to an employee to the country from which the
employee was recruited (if other than the United States), if the employee requests
such return transportation upon the end of employment;
(c) Using materially false or fraudulent pretenses, representations, or promises
regarding the employment to solicit a person for employment, or in an offer of
employment;
(d) Charging recruited employees placement or recruitment fees; or
(e) Providing or arranging housing that fails to meet the host country (e.g., the
United States) housing and safety standards.
b. OJP as the federal awarding agency may unilaterally terminate this award, without
penalty, if the agency official authorized to terminate the award determines that the
recipient or a subrecipient ("subgrant") that is a private entity --
(1) Violated a prohibition in section l.a of this award condition; or
(2) Has an employee who violated a prohibition in section l.a of this award condition
through conduct that is either --
(a) Associated with performance under this award; or
(b) Imputed to the recipient or the subrecipient ("subgrantee") using the standards
and due process for imputing the conduct of an individual to an organization that are
Exhibit D Page 10 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21 DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
provided in 2 C.F.R. Part 180, "OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement)," as implemented by DOJ at 2 C.F.R.
Part 2867.
2. Section B. Provisions applicable to a recipient other than a private entity
a. During the period of time that the award is in effect, any subrecipient ("subgrantee") that
is a private entity, and the employees of any subrecipient that is a private entity, may not
engage in --
(1) Severe forms of trafficking in persons;
(2) Procurement of a commercial sex act;
(3) Use of forced labor in the performance of the award or any subaward ("subgrant")
under the award;
(4) Acts that directly support or advance trafficking in persons, including acts such as:
(a) Denying an employee access to the employee's own identity or immigration
documents (including by destroying or confiscating such documents);
(b) Without legally -sufficient justification as determined by OJP, failing to provide
(or pay for) return transportation to an employee to the country from which the
employee was recruited (if other than the United States), if the employee requests
such return transportation upon the end of employment;
(c) Using materially false or fraudulent pretenses, representations, or promises
regarding the employment to solicit a person for employment, or in an offer of
employment;
(d) Charging recruited employees placement or recruitment fees; or
(e) Providing or arranging housing that fails to meet the host country (e.g., the
United States) housing and safety standards.
b. OJP as the federal awarding agency may unilaterally terminate this award, without
penalty, if the agency official authorized to terminate the award determines that a
subrecipient ("subgrantee") under this award that is a private entity --
(1) Violated a prohibition in section 2.a of this award condition; or
(2) Has an employee who violated a prohibition in section 2.a of this award condition
through conduct that is either --
(a) Associated with performance under this award; or
(b) Imputed to the subrecipient ("subgrantee") using the standards and due process
for imputing the conduct of an individual to an organization that are provided in 2
C.F.R. Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement)," as implemented by DOJ at 2 C.F.R. Part 2867.
3. Section C. Provisions applicable to all recipient and subrecipients
a. The recipient must inform DCJ promptly, and without delay, of any information the
recipient receives from any source alleging a violation of a prohibition in section l.a or
2.a of this award condition.
Exhibit D Page 11 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
b. OJP's authority to terminate this award unilaterally (without penalty), described in section
1.b and 2.b of this award condition:
(1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA) (22 U.S.C. 7104(g)), and
(2) Is in addition to any and all other remedies for noncompliance that are available to
OJP with respect to this award, whether under the TVPA (see, e.g., 22 U.S.C. 7104b) or
other applicable law.
c. The recipient must include and incorporate all applicable provisions of this award
condition in any subaward ("subgrant") the recipient makes to a private entity.
4. Section D. Definitions.
For purposes of this award condition:
a. "Employee" means either:
(1) An individual employed by the recipient or by a subrecipient ("subgrantee") who is
engaged in the performance of the project or program under this award; or
(2) Another person engaged in the performance of the project or program under this
award, whether or not compensated with award funds, including, but not limited to, a
volunteer, an individual whose services are contributed by a third party as an in -kind
contribution toward cost sharing or matching requirements, or an agent (including a
labor recruiter or broker).
b. "Forced labor" means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services,
through the use of force, fraud, or coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery.
c. "Private entity":
(1) Means any entity other than a State, local government, Indian tribe, or foreign public
entity, as those terms are defined in 2 C.F.R. 175.25.
(2) Includes:
(a) A nonprofit organization, including any nonprofit institution of higher education,
hospital, or tribal organization other than one included in the definition of Indian
tribe at 2 C.F.R. 175.25(b).
(b) A for-profit organization.
d. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the
meanings given at section 103 of the TVPA (22 U.S.C. 7102).
xiv. Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated that a purpose of some or all of the
activities to be carried out under the award (whether by the recipient, or a subrecipient at any
tier) is to benefit a set of individuals under 18 years of age.
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.
Exhibit D Page 12 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21 DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
1. Advance determination regarding suitability. The recipient (and any subrecipient at any tier)
may not permit any covered individual to interact with any participating minor in the course
of activities under the award, unless the recipient or subrecipient first has made a written
determination of the suitability of that individual to interact with participating minors, based
on current and appropriate information as described in paragraph 3.e., and taking into
account the factors and considerations described in paragraph 4.
2. Updates and reexaminations
a. The recipient (or subrecipient) must, at least every five years, update the searches
described in paragraph 3.e.1. and 2., reexamine the covered individual's suitability
determination in light of those search results, and, if appropriate, modify or withdraw that
determination.
b. The recipient also must reexamine a covered individual's suitability determination upon
learning of information that reasonably may suggest unsuitability and, if appropriate,
modify or withdraw that determination.
3. Definitions
a. "Covered individual" means any individual (other than a participating minor, as defined
in this condition, or a client of the recipient (or subrecipient)) who is expected, or
reasonably likely, to interact with any participating minor (other than the individual's own
minor children). A covered individual need not have any particular employment status or
legal relationship with the recipient (or subrecipient). Such an individual might be an
employee of a recipient (or subrecipient), but also might be (for example) a consultant,
contractor, employee of a contractor, trainee, volunteer, or teacher.
b. "Participating minor." All individuals under 18 years of age within the set of individuals
described in the scope section of this condition as it appears on the award document are
participating minors.
c. "Interaction" includes physical contact, oral and written communication, and the
transmission of images and sound, and may be in person or by electronic (or similar)
means. But "interaction" does not include --
(1) brief contact that is both unexpected by the recipient (or subrecipient) and
unintentional on the part of the covered individual -- such as might occur when a postal
carrier delivers mail to an administrative office.
(2) personally -accompanied contact -- that is, infrequent or occasional contact (for
example, by someone who comes to make a presentation) in the presence of an
accompanying adult, pursuant to written policies and procedures of the recipient (or
subrecipient) that are designed to ensure that -- throughout the contact -- an appropriate
adult who has been determined to be suitable pursuant to this condition 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
Exhibit D Page 13 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21 DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
(2) actions taken by an entity or individual pursuant to a procurement contract under the
award or to a procurement contract under a subaward at any tier.
e. "Current and appropriate information"
In addition to information resulting from checks or screening required by applicable
federal, state, tribal, or local law, and/or by the recipient's (or subrecipient's) written
policies and procedures, current and appropriate information includes the results of all
required searches listed below, each of which must be completed no earlier than six
months before the determination regarding suitability.
(1) Public sex offender and child abuse websites/registries
A search (by current name, and, if applicable, by previous name(s) or aliases), of the
pertinent and reasonably- accessible federal, state, and (if applicable) local and tribal
sex offender and child abuse websites/public registries, including --
(a) the Dru Sjodin National Sex Offender Public Website (www.nsopw.gov);
(b) the website/public registry for each state (and/or tribe, if applicable) in which
the individual lives, works, or goes to school, or has lived, worked, or gone to
school at any time during the past five years; and
(c) the website/public registry for each state (and/or tribe, if applicable) in which
the individual is expected to, or reasonably likely to, interact with a participating
minor in the course of activities under the award.
(2) Criminal history registries and similar repositories of criminal history records
For each individual at least 18 years of age who is a covered individual under this
award, a fingerprint search (or, if the recipient or subrecipient documents that a
fingerprint search is not legally available, a name -based search, using current and, if
applicable, previous names and aliases) -- encompassing at least the time period
beginning five calendar years preceding the date of the search request -- of pertinent
state (and, if applicable, local and tribal) criminal history registries or similar
repositories, including --
(a) the criminal history registry for each state in which the individual lives, works,
or goes to school, or has lived, worked, or gone to school at any time during the
past five years; and
(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)
Exhibit D Page 14 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
may not determine that a covered individual is suitable to interact with participating minors
in the course of activities under the award if the covered individual --
a. Withholds consent to a criminal history search required by this condition;
b. Knowingly makes (or made) a false statement that affects, or is intended to affect, any
search required by this condition;
c. Is listed as a registered sex offender on the Dru Sjodin National Sex Offender Public
Website;
d. To the knowledge of the recipient (or subrecipient), has been convicted -- whether as a
felony or misdemeanor -- under federal, state, tribal, or local law of any of the following
crimes (or any substantially equivalent criminal offense, regardless of the specific words
by which it may be identified in law):
(1) sexual or physical abuse, neglect, or endangerment of an individual under the age of
18 at the time of the offense;
(2) rape/sexual assault, including conspiracy to commit rape/sexual assault;
(3) sexual exploitation, such as through child pornography or sex trafficking;
(4) kidnapping;
(5) voyeurism; or
e. Is determined by a federal, state, tribal, or local government agency not to be suitable.
5. Administration; rule of construction
a. The requirements of this condition are among those that must be included in any
subaward (at any tier), and must be monitored. They apply as of the date of acceptance of
this award, and throughout the remainder of the period of performance.
b. The recipient is to contact the DOJ awarding agency with any questions regarding the
requirements of this condition and must not allow a covered individual to interact with a
participating minor until such questions are answered.
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.
xv.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.
Exhibit D Page 15 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
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").
xvi. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of
work under this award. The data must be provided to DCJ and/or DOJ in the manner (including
within the timeframes) specified by DCJ in the program solicitation or other applicable written
guidance. Data collection supports compliance with the Government Performance and Results
Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
xvii. 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.
xviii. Effect of failure to address audit issues
The recipient understands and agrees that the DCJ or the DOJ awarding agency 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.
xix. 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.
xx.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.
xxi. 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."
xxii. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28
C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically
including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries.
Exhibit D Page 16 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
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.
xxiii. 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.)
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.
xxiv. Compliance with general appropriations -law restrictions on the use of federal
funds (FY 2020)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent
restrictions, including from various "general provisions" in the Consolidated Appropriations Act,
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. Rather, they are wide-ranging, "cross -cutting" restrictions.
Award Condition: Each recipient of a DOJ award made with FY 2020 funds, and any
subrecipient ("subgrantee") at any tier under a DOJ award made with FY 2020 funds, must
comply with all applicable restrictions, as set out below.
Should a question arise as to whether a particular use of federal funds by a recipient (or a
subrecipient) would or might fall within the scope of an appropriations -law restriction, the
Exhibit D Page 17 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
recipient is to contact DCJ for guidance, and may not proceed without the express prior written
approval of DCJ and the DOJ awarding agency.
1. Restrictions applicable to all federal funds awarded with FY 2020 funds
a. Publicity or propaganda. Federal funds are not legally available, and may not be used
(whether directly or indirectly, including by private contractors), for publicity or
propaganda purposes not authorized by the Congress.
b. Certain employee trainings. Federal funds are not legally available, and may not be used,
for any employee training that --
(1) does not meet identified needs for knowledge, skills, and abilities bearing directly
upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional response or psychological
stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in
the training and written end -of -course evaluation;
(4) contains any methods or content associated with religious or quasi -religious belief
systems or "new age" belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants' personal values or lifestyle
outside the workplace.
Nothing in this provision prohibits, restricts, or otherwise precludes an agency from
conducting training bearing directly upon the performance of official duties.
c. Nondisclosure policies, forms, and agreements.
(1) General rule - Federal funds are not legally available, and may not be used, to
implement or enforce any nondisclosure policy, form, or agreement, if such policy, form,
or agreement does not contain the following provisions:
" These provisions are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or liabilities created by existing
[federal] statute or Executive order relating to: (1) classified information; (2)
communications to Congress; (3) the reporting to an Inspector General of a violation
of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public health or safety; or (4) any
other whistleblower protection. The definitions, requirements, obligations, rights,
sanctions, and liabilities created by controlling Executive orders and [federal]
statutory provisions are incorporated into this agreement and are controlling."
Notwithstanding the above provision, a nondisclosure policy, form, or agreement that is
to be executed by a person connected with the conduct of an intelligence or intelligence -
related activity, other than an employee or officer of the United States Government,
may contain provisions appropriate to the particular activity for which such document is
to be used. Such form or agreement shall, at a minimum, require that the person will not
disclose any classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such nondisclosure
forms shall also make it clear that they do not bar disclosures to Congress, or to an
Exhibit D Page 18 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
authorized official of an executive agency or the United States Department of Justice,
that are essential to reporting a substantial violation of law.
(2) Certain exceptions. Under certain circumstances, a nondisclosure agreement that
does not contain the provisions set out in subsection (a) above nevertheless may continue
to be implemented and enforced. Should a question arise as to whether an exception to
the general rule set out in subsection (a) may be available for a particular nondisclosure
agreement, the recipient is to contact DCJ for guidance, and the recipient may not use
federal funds to implement, continue to implement, or enforce the nondisclosure
agreement without the express prior written approval of DCJ
d. ACORN and related organizations. Absent express prior written approval from DCJ,
federal funds may not be provided to the Association of Community Organizations for
Reform Now (ACORN), or any of its affiliates, subsidiaries, allied organizations, or
successors.
xxv. 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 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 website at https://oig.justice.gov/hotline.
xxvi. 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
Exhibit D Page 19 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
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"), 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.
xxvii. 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.
Exhibit D Page 20 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21 DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award,
the grantee is to contact the DCJ for guidance.
xxviii. 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.
xxix. Requirement to disclose whether recipient is designated "high risk" by a federal
grant -making agency
If the recipient is designated "high risk" by a federal grant -making agency, currently or at any
time during the course of the period of performance under this award, the recipient must disclose
that fact and certain related information to DCJ. For purposes of this disclosure, high risk
includes any status under which a federal awarding agency provides additional oversight due to
the recipient's past performance, or other programmatic or financial concerns with the recipient.
The recipient's disclosure must include the following: 1. The federal awarding agency that
currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3.
The high -risk point of contact at that federal awarding agency (name, phone number, and email
address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency
xxx. 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).
xxxi. 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.
H. Financial Requirements
i. Non -supplanting of State and local funds
Supplanting arises when a Recipient reduces State or local funds for an activity specifically
because federal funds are available (or are expected to be available) to fund that same activity.
Exhibit D Page 21 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21 DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
Federal funds must be used to supplement existing State or local funds for program activities,
and may not replace (that is, may not "supplant") State or local funds that have been appropriated
or allocated for the same purpose. Additionally, federal funding may not replace State or local
funding that is required by law.
When supplanting is prohibited, potential supplanting will be the subject of DCJ monitoring and
audit. Should a question of supplanting arise, the grantee will be required to substantiate that any
reduction in non-federal resources occurred for reasons other than the receipt or expected receipt
of federal funds.
ii. 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.
iii. 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.
iv. 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.
v. 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.
vi. 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.
Exhibit D Page 22 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21 DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
I. 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:
i. 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 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 grant programs, or to OJP 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, and are described herein.
a. Such nondiscrimination provisions apply to some, but not all, OJP grant
programs.
b. The nondiscrimination provisions that apply to an OJP 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 award.
General information on the civil rights laws that apply to every OJP award, and on the
nondiscrimination provisions that apply to some OJP awards, is available at
https://ojp.gov/about/ocr/statutes-regulations.
NOTE: As discussed in more detail below, if a civil rights law or nondiscrimination provision
prohibits discrimination in employment on the basis of religion, the prohibition is read together
with the provisions of the Religious Freedom Restoration Act of 1993.
ii. Civil rights compliance: Access to services and benefits by individuals with limited English
proficiency
Compliance with the civil rights laws entails, among other things, taking reasonable steps to
ensure that individuals with limited English proficiency (LEP) have meaningful access to DOJ-
Exhibit D Page 23 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
funded programs or services. An individual with limited English proficiency is one whose first
language is not English and who has a limited ability to read, write, speak, or understand
English. To assist recipients of DOJ awards in meeting their obligations with respect to such
individuals, DOJ has published a guidance document, available on the LEP.gov website.
Exhibit D Page 24 of 24
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
EXHIBIT E, STATEMENT OF WORK
The Statement of Work contained within the DocuSign Envelope is incorporated herein.
Exhibit E Page 1 of 1
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Grantee: Weld County Government
Project: Reducing Transmission of Coronavirus for Law Enforcement and Inmate DCJ Grant #: 2020 -VD -20-19-49
EXHIBIT F, BUDGET
The Budget and Budget Narrative contained within the DocuSign Envelope is incorporated herein.
Exhibit F Page 1 of 1
onon_\/n_on_� O_AO I/ oe ,. ,.. , Trene.nniceinn r Pesr,,,,-,•firi f',r I ntal Enforcement and Inmates
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
Exhibit E
Project Summary
The scope of this proposal is to minimize the exposure and infection with Coronavirus within the Weld County Sheriffs Office by distributing
washable cloth masks to the Weld County Jail inmates and provide staff with hand sanitizer, disposable gloves and thermometers.
The objectives are to 1) protect the employees and inmates from Coronavirus infections and 2) prevent spreading the Coronavirus amongst
staff, citizens, arrestees and inmates.
Project Design and Methodology: For both objectives, the grant will provide the resources to purchase washable cloth masks for Weld County
Jail inmates and cover the cost of hand sanitizer, disposable gloves and touchless thermometers for the Weld County Sheriffs Office. The
Personal Protective Equipment (PPE) and the thermometers allow to take preventative measure and follow Center for Disease Control and
Prevention guidance for Law Enforcement to prevent and fight the spread of the Coronavirus. The funds are of critical importance for staff,
citizens and inmates.
Page 1 of 1
nnnn nn ,n An �� o„a,,,.;.... T....,...,.......,... ,.o r.....,,...,;., "-' enforcement and Inmates
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9OC5-21DF218FB833
Exhibit F
Personnel: Budget & Budget Narrative Details
Personnel Position Annual
Title and Name Base
Salary
N/A
Annual
Base % To
Salary Be
To Be Paid Annual
Paid By Fringe
By Grant
Grant Funds
Funds
Total
Annual % Base
Fringe To Total Salary
To Be Be Annual + OT -
Paid Paid Base Fringe Annual
B By Salary To Be Base
Grant Grant + Paid Salary
Funds Fringe By
Funds
Grant
Funds
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
OT - OT -
Annual Annual Total To
Base Fringe Be Paid Budget
Salary OT To Be By Grant Narrative
To Be Annual Paid Funds and
Paid Fringe By (including Justification
By Grant overtime)
Grant Funds
Funds
Personnel Total: $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Non -Personnel: Budget & Budget Narrative Details
Budget Item Amount To Be Paid Budget Narrative and Justification
By Grant Funds
SUPPLIES & OPERATING
Washable Cloth Masks
Hand Sanitizer
Touchless Thermometers
Disposable Gloves
Supplies & Operating Total
TRAVEL
N/A
Travel Total
$11,200 5000 Cloth Masks @ $2.24/mask for inmates will assist to minimize the
spread of the Coronavirus in situations where other social distancing
measures are difficult to maintain. Cloth face coverings can slow the
spread of the virus and therefore provide an aide to the inmate population.
$4,135 Approx 158 packs of disinfecting wipes @ 19.93/pack; approx.58 Gallons of
Hand sanitizer fluid @ $13.89/gallon, 190 refillable small spray bottles for
hand sanitizer @ $0.95/bottle. In situations where soap and water is not
readily available, hand sanitizer with an alcohol percent of at least 60% will
assist in sanitizing hands and therefore lower the risk of the spread of the
coronavirus to other surfaces.
$696 7 Touchless Thermometers @ $98.99 plus freight are used to take
temperatures on individuals to detect a fever, which could be the first
symptom of coronavirus. This screening tool is a preventative measure to
identify potential infected individuals before spreading the yirus.
$3,351
$19,382
$0
$0
51 cases disposable fentanyl resistant gloves @ $63.95 plus freight are part
of the basic Personal Protective Equipment for law enforcement and detention
officers of the Weld County Sheriffs Office. Daily utilization increased the
number of gloves that are needed.
Page 1 of 2
DocuSign Envelope ID: 1406ECA4-2A7D-4AA5-9DC5-21DF218FB833
EQUIPMENT
N/A
$0
Equipment Total $0
CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES)
N/A $0
Consultants/Contracts Total
INDIRECT
N/A
Indirect Total
Non -Personnel Total:
Grand Total:
$0
$0
$0
$19,382
$19,382
Page 2 of 2
New Contract Request
Entity Information
Entity Name*
COLORADO DEPARTMENT OF PUBLIC
SAFTEY
Entity ID*
.x00032914
Contract Name*
CESF CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING
FROM DEPT OF PUBLIC SAFETY, DOJ
Contract Status
CTB REVIEW
Ei New Entity?
Contract ID
4101
Contract. Lead*
SKOHLGRAF
Contract Lead Email
skohlgrafg;co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project I
Contract Description *
CORONAVIRUS EMERGENCY FUNDING UNDER DCJ GRANT= 2020 -VD -20-19-49 AND TIED TO FEDERAL AWARD 4 2020-VD-
BX-0209
Contract Description 2
Contract Type*
AWARD
Amount*
S19,382.00
Renewable*
NO
Automatic Renewal
NO
Grant
YES
IGA
YES
Department
SHERIFF
Department Email
CM-Sherifffoweldgev.corn
Department Head Email
CM-Sheriff-
DeptHead i`weldgov,com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTY.ATTOR:NEY VELDG
OV.COM
Grant Deadline Date
IGA Deadline Date
Requested BOCC Agenda
Date*
09:16 2020
Due Date
09;12;•2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
if this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date
01120x2020
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
DONNiE PATCH
DH Approved Date
09116x2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Originator
SKOHLGRAF
Review Date*
01 ; 0; 2022
Committed Delivery Date
Contact Type Contact Email
Finance Approver
BARE CONNOLLY
Renewal Date
Expiration Date*
01 31:2022
Contact Phone I Contact Phone 2
Purchasing Approved Date
Finance Approved Date
09: 2020
Tyler Ref #
AC 0921 20
Legal Counsel
GAGE KALOUSEK.
Legal Counsel Approved Date
0g; 17x2020
Hello