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Home My WebLink About20203796.tiffRESOLUTION RE: APPROVE 2021-2022 CRIME VICTIM SERVICES (CVS) INTERGOVERNMENTAL GRANT AGREEMENT AWARD LETTER AND SUMMARY OF GRANT AWARD TERMS AND CONDITIONS FOR VICTIM WITNESS ASSISTANCE UNIT AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a 2021-2022 Crime Victim Services (CVS) Intergovernmental Grant Agreement Award Letter and Summary of Grant Award Terms and Conditions for the Victim Witness Assistance Unit between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney's Office, and the Colorado Department of Public Safety, Division of Criminal Justice, commencing January 1, 2021, and ending December 31, 2022, with further terms and conditions being as stated in said intergovernmental grant agreement award letter, and WHEREAS, after review, the Board deems it advisable to approve said intergovernmental grant agreement 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 2021-2022 Crime Victim Services (CVS) Intergovernmental Grant Agreement Award Letter and Summary of Grant Award Terms and Conditions for the Victim Witness Assistance Unit between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney's Office, and the Colorado Department of Public Safety, Division of Criminal Justice, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to electronically sign and submit said intergovernmental grant agreement award letter. Cc:DA OH, Act(6c/cD) 2020-3796 DA0027 2021-2022 CRIME VICTIM SERVICES (CVS) INTERGOVERNMENTAL GRANT AGREEMENT AWARD LETTER AND SUMMARY OF GRANT AWARD TERMS AND CONDITIONS FOR VICTIM WITNESS ASSISTANCE UNIT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of December, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:it,/uk Jp;g1 Weld County Clerk to the Board BY: APP y A ey Date of signature: L2./3O/2 Mike Freeman, Chair Steve4\Aoreno, Pro-Tem Scott K. James Kevin D. Ross 2020-3796 DA0027 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: DA Victim Services Unit 2021 VALE Grant Contract and 2021-2022 CVC Crime Victim Services Grant Contract DEPARTMENT: Victim Witness Assistance Unit District Attorney's Office DATE: 12-7-20 PERSON REQUESTING: JoAnn Holden, Director of Victim Services Brief description of the problem/issue: * The County Commissioners approved submission of the 2021 VALE Grant Victim Services Application for funding of positions in the Victim Witness Assistance Unit. Resolution 2020-1926 was approved by the County Commissioners at their June 29, 2020 County Commissioner's Meeting in the amount of $136,182.00. Funding in the amount of $112,3666.49 was approved by the VALE Board No match is required. *- The County Commissioners approved submission of the 2021 Crime Victim Services (DVS) Grant Application for funding of positions in the Victim Witness Assistance Unit. Resolution 2020-0554 was approved by the County Commissioners at their February 12, 2020County Commissioner's Meeting in the amount of $683,823.00 (2 years). Funding in the amount of $683,823.00 (2 years) was approved by the CVC Board. No match is required. We are asking for the authorization of the two grants to be placed on the agenda for acceptance of the VALE and CVC contracts without a Work Session. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve or not approve grant to be placed on the agenda without a Work Session. Request to be places on the agenda. Recommendation: Approve Recommendation Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross at Schedule Work Session Other/Comments: 2020-3796 OA00 o`�-7 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorneys Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 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 -VA -21-483-19 Grantee County of Weld, by and through the District Attorney, 19th Judicial District Grantee DUNS 075757955 Is this Award for Research and Development (R&D)? No Grant Issuance Date (Start Date) January 1, 2021 Grant Amount Federal Award # 2018-V2-GX-0050: $256,433.00 Federal Award # 2019-V2-GX-0027: $284,926.00 Federal Award # 2020-V2-GX-0024: $142,464.00 Total for all Funding Sources: $683,823.00 Grant Expiration Date (End Date) December 31, 2022 Grant Authority The Division of Criminal Justice is authorized to disburse these funds by Colorado Revised Statute 24-33.503 and 507. Local Match Amount: $0.00 Total for all State Fiscal Years: $0.00 Match Percentage Required: 0% Grant Description This project provides victim/witness services to victims of crime whose cases are being prosecuted in the 19th Judicial District. Grant Purpose This Grantee was selected by the Crime Victim Services Advisory Board. The federal Victims of Crime Act (VOCA) Program allows agencies to support activities that provide a broad range of direct services to victims of crime. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Grant: 1. Exhibit Al, Sample Option Letter 2. Exhibit A2, Grant Funding Change Letter 3. Exhibit B, Grant Requirements 4. Exhibit C, Special Conditions 5. Exhibit D, Federal Requirements 6. Exhibit E, Statement of Work 7. Exhibit F, Budget In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Exhibit C, Special Conditions 2. The provisions of the other sections of the main body of this Grant 3. Exhibit D, Federal Requirements 4. Exhibit B, Grant Requirements 5. Exhibit E, Statement of Work 6. Exhibit F, Budget Page 1of14 DPA Version 0919 (DCJ 1.0 09/10/2020) 579 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD Federal Award Office U.S. Department of Justice (US DOJ), Office of Justice Programs (OW) Grant Program Victims of Crime Act (VOCA) CFDA 16.575 — Crime Victim Assistance Federal Award Number(s) 2018-V2-GX-0050 2019-V2-GX-0027 2020-V2-GX-0024 Federal Award Date 08/09/2018 09/13/2019 09/17/2020 Federal Award End Date * 09/30/2021 09/30/2022 09/30/2023 Federal Statutory Authority This project is supported under FY18 (OVC - VOCA Assistance) 34 U.S.C. § 20103 (a) and (b) This project is supported under FY19 (OVC-VOCA Assistance) 34 U.S.C. § 20103 (a) and (b) This project is supported under FY20 (OVC-VOCA Assistance) 34 U.S.C. § 20103 (a) and (b) Total Amount of Federal Award (this is not the amount of this grant agreement) $56,681,557 $38,825,662 $ 28,979,526 * The Federal Award End Date is current at the time of this award. All federal funds are subject to availability as described in §2 and §5 below. Page 2 of 14 DPA Version 0919 (DCJ 1.0 09/10/2020) DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorneys Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 SIGNATURE PAGE THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature. GRANTEE County of Weld, by and through the District Oocusigned by: Attorney, 19th Judicial District 1 It t, Vrt.. ituA, l AC0700989EBF4B3.. By: Mr. Mike Freeman, Chair -Board of County Commissioners, Weld County 12/21/2020 Date: STATE OF COLORADO Jared S. Polis, Governor Department of Public Safety DocuSigned by: Stan Hilkey, Executive Director L Vt,lsliit, l9 (,A.t,I a& DB48E240044C2... By:Division of Criminal Justice ❑ Joe Thome, Director, or X Debbie Oldenettel, Deputy Director Date: 12/22/2020 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 ,—OocuSigned by: 2. au." By: Lyndsay J. C�ellan 6 osni 4rac05.. �, i°ot and Grant Coordinator, Division of Criminal Justice 12/28/2020 Effective Date: Page 3 of 14 DPA Version 0919 (DCJ 1.0 09/10/2020) c24 379(o. DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 TABLE OF CONTENTS SUMMARY OF GRANT AWARD TERMS AND CONDITIONS 1 FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD 2 SIGNATURE PAGE 3 1. GRANT 4 2. TERM 4 3. DEFINITIONS 5 4. STATEMENT OF WORK 8 5. PAYMENTS TO GRANTEE 8 6. REPORTING - NOTIFICATION 9 7. GRANTEE RECORDS 9 8. CONFIDENTIAL INFORMATION -STATE RECORDS 10 9. CONFLICTS OF INTEREST 11 10. INSURANCE 12 11. REMEDIES 12 12. DISPUTE RESOLUTION 12 13. NOTICES AND REPRESENTATIVES 12 14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 12 15. GOVERNMENTAL IMMUNITY 12 16. GENERAL PROVISIONS 13 EXHIBIT Al, SAMPLE OPTION LETTER 1 EXHIBIT A2, GRANT FUNDING CHANGE LETTER 1 EXHIBIT B, GRANT REQUIREMENTS 1 EXHIBIT C, SPECIAL CONDITIONS 1 EXHIBIT D, FEDERAL REQUIREMENTS 1 1. GRANT As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter (the "State") hereby obligates and awards to Grantee shown on the first page of this Grant Award Letter (the "Grantee") an award of Grant Funds in the amounts shown on the first page of this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award Letter. 2. TERM A. Initial Grant Term and Extension The Parties' respective performances under this Grant Award Letter shall commence on the Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Grant Award Letter. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award Letter in accordance with §16.D. 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 Page 4 of 14 DPA Version 0919 (DCJ 1.0 09/10/2020) DocuSign Envelope ID: 9608F673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, I9th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or in part by providing written notice to Grantee that includes, to the extent practicable, the public interest justification for the termination. If the State terminates this Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the total reimbursement payable under this Grant Award Letter that corresponds to the Work satisfactorily completed, as determined by the State, less payments previously made. This subsection shall not apply to a termination of this Grant Award Letter by the State for breach by Grantee. C. Grantee's Termination Under Federal Requirements Grantee may request termination of this Grant by sending notice to the State, which includes the reasons for the termination and the effective date of the termination. If this Grant is terminated in this manner, then Grantee shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. "Budget" means the budget for the Work described in Exhibit F. B. "Business Day" means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S. C. "CJI" means criminal justice information collected by criminal justice agencies needed for the performance of their authorized functions, including, without limitation, all information defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended and all Criminal Justice Records as defined under §24-72-302 C.R.S. D. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. E. "Grant Award Letter" means this letter which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. F. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Grant Award Letter. G. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of this Grant Award Letter. H. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this Grant Award Letter. I. "Exhibits" exhibits and attachments included with this Grant as shown on the first page of this Grant J. "Extension Term" means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Grant Award Letter K. "Federal Award" means an award of Federal financial assistance or a cost -reimbursement contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the Recipient. "Federal Award" also means an agreement setting forth the terms and conditions Page 5 of 14 DPA Version 0919 (DCJ 1.0 09/10/2020) DocuSign Envelope ID: 9B0BF673-72AC-410C-I3E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant If: 2020 -VA -21-483-19 of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. L. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a Recipient and may be found in the grid Federal Award(s) Applicable to this Federal Award located immediately after the Cover Page. M. "Goods" means any movable material acquired, produced, or delivered by Grantee as set forth in this Grant Award Letter and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. N. "Incident" means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. O. "Initial Term" means the time period between the Grant Issuance Date and the Grant Expiration Date. P. "Matching Funds" means the funds provided Grantee as a match required to receive the Grant Funds. Q. "Party" means the State or Grantee, and "Parties" means both the State and Grantee. R. "PCI" means payment card information including any data related to credit card holders' names, credit card numbers, or the other credit card information as may be protected by state or federal law. S. "PII" means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual's identity, such as name, social security number, date and place of birth, mother's maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101 C.R.S. T. "PHI" means any protected health information, including, without limitation any information whether oral or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (ii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is not limited to, any information defined as Individually Identifiable Health Information by the federal Health Insurance Portability and Accountability Act. U. "Recipient" means the State Agency shown on the first page of this Grant Award Letter, for the purposes of the Federal Award. V. "Services" means the services to be performed by Grantee as set forth in this Grant Award Letter, and shall include any services to be rendered by Grantee in connection with the Goods. W. "State Confidential Information" means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, PHI, PCI, Tax Information, CJI, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has Page 6 of 14 DPA Version 0919 (DCJ 1 .0 09/10/2020) DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. X. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. Y. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. Z. "State Records" means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. AA. "Sub -Award" means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to this Sub -Award unless the terms and conditions of the Federal Award specifically indicate otherwise. BB. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of the Work. This establishes a procurement relationship. The subcontractor provides goods or services for the benefit of the purchaser. CC. "Subgrantee" means third -parties, if any, engaged by Grantee or Subgrantee to aid in performance of the Work. This establishes a grant relationship. The beneficiary, not the purchaser, receives benefit from the work. There may be multiple tiers of subgrantees/subrecipients that do not include procurement transactions. DD. "Subrecipient" means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization entity that receives a Sub -Award from a Recipient to carry out part of a Federal program, but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient. EE. "Tax Information" means Federal and State of Colorado tax information including, without limitation, Federal and State tax returns, return information, and such other tax -related information as may be protected by Federal and State law and regulation. Tax Information includes, but is not limited to all information defined as Federal tax information in Internal Revenue Service Publication 1075. FF. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the "Super Circular, which supersedes requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. GG. "Work" means the delivery of the Goods and performance of the Services described in this Grant Award Letter. Page 7 of 14 DPA Version 0919 (DCJ 1.0 09/10/2020) DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 HH. "Work Product" means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. "Work Product" does not include any material that was developed prior to the Grant Issuance Date that is used, without modification, in the performance of the Work. Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. STATEMENT OF WORK Grantee shall complete the Work as described in this Grant Award Letter and in accordance with the provisions of Exhibit E and Exhibit F. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Grant Award Letter. 5. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount shown on the first page of this Grant Award Letter. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Grant Issuance Date or after the Grant Expiration Date; provided, however, that Work performed and expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active Federal Award may be submitted for reimbursement as permitted by the terms of the Federal Award. B. Federal Recovery The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below. D. Reimbursement of Grantee Costs The State shall reimburse Grantee's allowable costs, not exceeding the maximum total amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the Budget, except that Grantee may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Grantee provides notice to and receives written approval from the State of the change, the change does not modify the total maximum amount of this Grant Award Letter, and the change does not modify any requirements of the Work. The State shall reimburse Grantee for the Federal share of properly documented allowable costs related to the Work after the State's review and approval thereof, subject to the provisions of this Grant. The State shall only reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee Page 8 of 14 DPA Version 0919 (DCJ 1.0 09/10/2020) DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DO Grant #: 2020 -VA -21-483-19 (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 funds until all final documentation has been submitted and accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal Award within 1 year and 90 days after the Grant Expiration Date due to Grantee's failure to submit required documentation, then Grantee may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. 6. REPORTING - NOTIFICATION A. Quarterly Reports. In addition to any reports required pursuant to any other Exhibit Grantee shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Grant Award Letter. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than five Business Days following the end of each calendar quarter or at such time as otherwise specified by the State. B. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out described in §5.E, containing an evaluation and review of Grantee's performance and the final status of Grantee's obligations hereunder. C. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 7. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following date of submission to the State of the final expenditure report. Grantee shall permit the State and any duly authorized federal agency to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee's office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. If any litigation, claim, or audit related to this Grant Award Letter starts before expiration of the Record Retention Period, the Record Retention Period shall extend for a period of three years following the resolution and final action of all litigation, claims, or audit findings. The State, may notify Grantee in writing that the Record Retention Period shall be extended. For Page 9 of 14 DPA Version 0919 (DCJ 1.0 09/10/2020) DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. B. Monitoring The State will monitor Grantee's performance of its obligations under this Grant Award Letter using procedures as determined by the State. Grantee shall allow the State to perform all monitoring required based on the State's risk analysis of Grantee. The State and any duly authorized federal agency shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee's performance in a manner that does not unduly interfere with Grantee's performance of the Work. If Grantee enters into a subcontract or subgrant with an entity, then the subcontract or subgrant entered into by Grantee shall contain provisions permitting both Grantee and the State to perform all monitoring of that Subcontractor Subgrantee. C. Final Audit Report Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee's records that relates to or affects this Grant or the Work, whether the audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform a single audit under 2 CFR 200.501, et. seq., then Grantee shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government. 8. CONFIDENTIAL INFORMATION -STATE RECORDS A. Confidentiality Grantee shall hold and maintain, and cause all Subgrantees and Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publically available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee's own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Grant Award Letter. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. If 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. Page 10 of 14 DPA Version 0919 (DCJ 1.0 09/10/2020) DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorneys Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns, Subgrantees and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns, Subgrantees and Subcontractors who require access to perform their obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees, assigns, Subgrantees and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign, Subgrantees or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee's reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. E. Safeguarding PII If Grantee or any of its Subgrantees and Subcontractors will or may receive PII under this Agreement, Grantee shall provide for the security of such PII, in a manner and form 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 Page 11 of 14 DPA Version 0919 (DCJ 1.0 09/10/2020) DocuSign Envelope ID: 9B0BF673-72AC-410C-8EDD-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DC.1 Grant #: 2020 -VA -21-483-19 performance of Grantee's obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. 10. INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that any Subgrantees and Subcontractors maintain all insurance customary for the completion of the Work done by that Subgrantees and Subcontractor and as required by the State or the GIA. 11. REMEDIES In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails to comply with any term or condition of this Grant or any terms of the Federal Award, the State may terminate some or all of this Grant and require Grantee to repay any or all Grant funds to the State in the State's sole discretion. The State may also terminate this Grant Award Letter at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. 12. DISPUTE RESOLUTION Except as herein specifically provided otherwise or as required or permitted by federal regulations related to any Federal Award that provided any of the Grant Funds, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 13. NOTICES AND REPRESENTATIVES Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this' information to the other Party. All notices required or permitted to be given under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §13. 14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Grantee hereby grants to the State and federal funding agency a perpetual, irrevocable, non- exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, 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. Page 12 of 14 DPA Version 0919 (DC.1 1.0 09/10/2020) DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 16. GENERAL PROVISIONS A. Assignment Grantee's rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee's rights and obligations approved by the State shall be subject to the provisions of this Grant Award Letter. B. Subgrants and Subcontracts Grantee shall not enter into any subgrant or subcontract in connection with its obligations under this Grant Award Letter without the prior, written approval of the State. All subgrants and subcontracts entered into by Grantee in connection with this Grant Award Letter shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Grant Award Letter. If the entity with whom Grantee enters into a subgrant the subgrant entered into by Grantee shall also contain provisions permitting both Grantee and the State to perform all monitoring of that Subgrantee. C. Captions and References The captions and headings in this Grant Award Letter are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Grant Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. D. Entire Understanding This Grant Award Letter represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Grant Award Letter. E. Modification The State may modify the terms and conditions of this Grant by issuance of an Option Letter similar to Exhibit Al, Sample Option Letter, or a Grant Funding Change Letter similar to Exhibit A2, Sample Grant Funding Change Letter. The Parties may also agree to modification of the terms and conditions of the Grant in a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. F. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. G. Digital Signatures Page 13 of 14 DPA Version 0919 (DCJ 1.0 09/10/2020) DocuSign Envelope ID: 9BDBF673-72AC-410C-8EDD-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. H. Severability The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or enforceability of any other provision of this Grant Award Letter, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. I. Survival of Certain Grant Award Letter Terms Any provision of this Grant Award Letter that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. J. Third Party Beneficiaries Except for the Parties' respective successors and assigns described above, this Grant Award Letter does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. K. Waiver A Party's failure or delay in exercising any right, power, or privilege under this Grant Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. L. Federal Provisions Grantee shall comply with all applicable requirements of Exhibit C at all times during the term of this Grant. Page 14 of 14 DPA Version 0919 (DCJ 1.0 09/10/2020) DocuSign Envelope ID: 9B0BF673-72AG410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: I 9th DA Victim Witness Assistance Unit DCJ Grant ti: 2020 -VA -21-483-19 EXHIBIT Al, SAMPLE OPTION LETTER State Agency Insert Department's or IHE's Full Legal Name Option Letter Number Insert the Option Number (e.g. "1" for the first option) Grantee Insert Grantee's Full Legal Name, including "Inc.", "LLC", etc... Original Agreement Number Insert CMS number or Other Agreement Number of the Original Contract Current Agreement Maximum Amount Initial Term State Fiscal Year 20xx $0.00 Extension Terms State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 Total for All State Fiscal Years $0.00 Option Agreement Number Insert CMS number or Other Agreement Number of this Option Agreement Performance Beginning Date Month Day, Year Current Agreement Expiration Date Month Day, Year OPTIONS: A. Option to extend for an Extension Term B. Option to change the quantity of Goods under the Agreement C. Option to change the quantity of Services under the Agreement D. Option to modify Agreement rates E. Option to initiate next phase of the Agreement 2. REQUIRED PROVISIONS: F. For use with Option 1(A): In accordance with Section(s) Number of the Original Agreement referenced above, the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended. G. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Agreement referenced above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the rates stated in the Original Agreement, as amended. H. For use with Option 1(D): In accordance with Section(s) Number of the Original Agreement referenced above, the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter. The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option Effective Date of this Option Letter. I. For use with Option 1(E): In accordance with Section(s) Number of the Original Agreement referenced above, the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert start date and end on Insert ending date at the cost/price specified in Section Number. J. For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount table on the Agreement's Signature and Cover Page is hereby deleted and replaced with the Current Agreement Maximum Amount table shown above. I OPTION EFFECTIVE DATE: K. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later. STATE OF COLORADO Jared S. Polis, Governor INSERT -Name of Agency or IHE INSERT -Name & Title of Head of Agency or IHE By: Name & Title of Person Signing for Agency or IHE Date: In accordance with §24-30-202, C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Name of Agency or IHE Delegate -Please delete if agreement will be routed to OSC for approval Option Effective Date: Exhibit Al Page 1 of 1 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 EXHIBIT A2, GRANT FUNDING CHANGE LETTER State Agency Insert Department's or IHE's Full Legal Name Grant Funding Change Letter Number Insert the Option Number (e.g. "1" for the first option) Contractor Insert Contractor's Full Legal Name, including "Inc.", "LLC", etc... Original Grant Number Insert CMS number or Other Contract Number of the Original Contract Current Contract Maximum Amount Initial Term State Fiscal Year 20xx $0.00 Extension Terms State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 Total for All State Fiscal Years $0.00 Grant Funding Change Letter Contract Number Insert CMS number or Other Contract Number of this Option Contract Performance Beginning Date Month Day, Year Current Contract Expiration Date Month Day, Year 1. GRANT FUNDING CHANGE In accordance with §Insert Section Number of the Original Grant referenced above, the State Agency listed above commits the following funds to the grant: M. The funding available for State Fiscal Year 20xx is Increased/Decreased by $Amount of Change, because Insert Reason For Change. N. The total funding avail for all State Fiscal Years as of the effective date of this Grant Funding Change Letter is shown as the current contract maximum above. 1. TERMINOLOGY All terminology used in this Grant Funding Change Letter shall be interpreted in accordance with the Original Grant referenced above. 2. 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. 3. GRANT FUNDING CHANGE LETTER EFFECTIVE DATE: The effective date of this Grant Funding Change Letter is upon approval of the State Controller or , whichever is later. STATE OF COLORADO Jared S. Polis, Governor INSERT -Name of Agency or THE INSERT -Name & Title of Head of Agency or IHE By: Name & Title of Person Signing for Agency or IHE Date: In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Name of Agency or IHE Delegate -Please delete if contract will be routed to OSC for approval Grant Funding Change Letter Effective Date: Exhibit A2 Page 1 of 1 DocuSign Envelope ID: 9B08F673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 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 Page 1 of 2 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 D. Failure to Comply: The grantee understands and agrees that DCJ or the federal awarding agency may withhold award funds, or may impose other related requirements, if the grantee does not satisfactorily and promptly address outstanding issues from audits required by Part 200 Uniform Requirements, by the terms of this award, by the current addition of the DOJ Grants Financial Guide, or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 2. ADDITIONAL REPORTING REQUIREMENTS In addition to quarterly report requirements these grant funds may have additional report requirements. The additional reports may include, but is not limited to, reporting progress and statistics directly into a federal Performance Management Tool (PMT). 3. FINANCIAL AND ADMINISTRATIVE MANAGEMENT E. 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. F. All expenditures must be supported by appropriate source documentation. Only actual, approved, allowable expenditures will be permitted. G. The Grantee assures that it will comply with the applicable Administrative Guide of the Division of Criminal Justice (Guide), located at the Division of Criminal Justice Grants website. However, such a guide cannot cover every foreseeable contingency, and the Grantee is ultimately responsible for compliance with applicable state and federal laws, rules and regulations. In the event of conflicts or inconsistencies between the Guide and any applicable state and federal laws, rules and regulations, such conflicts or inconsistencies shall be resolved by applicable state and federal laws, rules and regulations. 4. PROCUREMENT AND CONTRACTS H. 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. I. Grantee may not assign its rights or duties under this grant without the prior written consent of the DCJ. 5. AWARD CHANGE REQUESTS Grantee may request budget modifications by submitting a request to DCJ. DCJ reserves the right to make and authorize modifications, adjustments, and/or revisions to the Contract for the purpose of making changes in budget categories, extensions of grant award dates, changes in goals and objectives, and other modifications as described in the body of the Contract. Exhibit B Page 2 of 2 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 EXHIBIT C, SPECIAL CONDITIONS The following program specific requirements are imposed by the State and/or 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, if checked, are incorporated herein. These documents are located on the DCJ Grants website and may also be obtained from DCJ upon request. 2018 Victims of Crime Act (VOCA) Special Conditions ® 2019 Victims of Crime Act (VOCA) Special Conditions 2020 Victims of Crime Act (VOCA) Special Conditions Additional Program Specific Conditions applicable to this Agreement. 1. Payment to vendors exceeding $25,000 during the grant period: Grantee is required to track payments to each professional services/consultant contract to ensure that if the cumulative payment to the specific vendor exceeds the $25,000 threshold during the two-year grant period, this excess and any remaining payments to this vendor are not included in the Modified Total Direct Cost (MTDC) calculation for purposes of requesting reimbursement of the de minimus rate for indirect funds as described in 2 C.F.R. 200.414(f). 2. Financial Assistance for Victims: Payments of financial assistance for victims cannot be made directly to victims, including the use of gift cards, and can only be used for eligible purposes as described in your approved budget or as authorized by your Grant Program Manager on a case by case basis. 3. Subawards: Grantee shall not enter into any subgrant without the prior, written approval of the State. Grantee is responsible for compliance monitoring for all subgrants entered into by Grantee in connection with this Agreement. This includes, but it not limited to, collecting documentation, certifications, and/or other monitoring techniques to ensure that the following are met by the subgrantee: - Federal Debarment standards - Civil Rights Compliance - Exhibit C of this Agreement must be passed through to subgrantee, and monitored by Grantee. - Exhibit D of this Agreement must be passed through to subgrantee, and monitored by Grantee. - 2 CR 200 Subrecipient Monitoring and Management: §200.331 - §200.332 All subgrants 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 he subject to all provisions of this Agreement. The subgrant entered into by Grantee shall also contain provisions permitting both Grantee and the State to perform all monitoring of that subgrantee in accordance with the Uniform Guidance. 4. Colorado Victim Rights Act: Grantee ensures that all staff and volunteers assigned to this funded project, have received training on the rights afforded to crime victims pursuant to 24-4.1-302.5 CRS, Exhibit C Page 1 of 2 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-483-19 and the services delineated pursuant to statute 24-4.1-303 and 24-4.1-304 CRS, commonly known as the Victim Rights Act (VRA), and enabling legislation. Training must be completed by the end of the first quarter of the grant period or have been completed within the last 4 months of the preceding calendar year. New hires must complete VRA training within the first two months of employment. Proof of training should be kept in the grantee's grant file. 5. Post -Award Programmatic Training: All Project Directors and Primary Contacts (if applicable) must attend CVS post -award programmatic training by March 31, 2021. Subsequent Project Directors and Primary Contacts (if applicable) must also complete these trainings within 60 days of assuming their role as a project official. 6. Post -Award Financial Training: All Project Directors, Financial Officers, and Primary Contacts (if applicable) must attend CVS post -award financial training by March 31, 2021. Subsequent Project Directors and Primary Contacts (if applicable) must also complete these trainings within 60 days of assuming their role as a project official. Exhibit C Page 2 of 2 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Grantee: Weld County, District Attorney's Office, 19th Judicial District Project: 19th DA Victim Witness Assistance Unit DCJ Grant #: 2020 -VA -21-43-19 EXHIBIT D, FEDERAL REQUIREMENTS The following federal requirements are imposed by the Federal sponsoring agency concerning special requirements of law. These requirements apply to this Agreement and must be passed on to subgrants and subcontractors. The following federal requirements documents, if checked, are incorporated herein. These documents are located on the DCJ Grants website and may also be obtained from DCJ upon request. 2020 Federal Requirements ® 2019 Federal Requirements ® 2018 Federal Requirements Exhibit D Page 1 of l DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD EXHIBIT E, STATEMENT OF WORK informatio Agency Name: Project Title: District Attorney's Office, 19th Judicial District 19th DA Victim Witness Assistance Unit Sou rces_o VAWA (: VOCA C; SASP C' State VALE Project escri Describe the project, staff and services you plan to provide with these grant funds. The requested VOCA funded project focuses on Victim Witness Assistance Unit Staff to support: 1- the unique needs of victims of juvenile offenders, 2 -domestic violence victims, 3 -victim families whose loved ones have been killed in Careless Driving Resulting in Death or severely injured, and 4 -victims of traffic or financial crimes. Victims of Juvenile Offenders are navigating a system operating differently than the adult criminal justice process. Juvenile Offenders not only have attorney representation, but also a GAL, caseworker from Department of Human Services, and their parents. These cases drag through the Juvenile Criminal Justice System as the court gives offenders many opportunities to comply with court orders. The final outcome many times results in insignificant sentencing penalties resulting in extreme frustration and anger by victims and their families. The 2020 Colorado Legislature is discussing reclassifying a juvenile in the criminal justice system from under 18 years old to up to 25 years. The Juvenile VW Assistant provided assistance to 360 victims in 2019; a 39% increase from 2017 when the position was first funded by VOCA. REQUEST: Continue VOCA funding for a Spanish bi-lingual Juvenile VW Assistant. Victims of felony domestic violence are subject to being involved in a lengthy criminal justice system. Since 2008, due to VOCA funding, a system has been implemented to anticipate a victim's attendance at the initial Bond Hearing to be able to immediately provide victim support in an overwhelming and busy courtroom scene. District Court VW Assistants provided assistance to 292 new domestic violence victims in 2019; a 74% increase from 2008 (first year funded by VAWA) to 2019. VOCA provided funding for 89 victims in 2019. REQUEST: Continue VOCA funding for a Spanish bi-lingual District VW Assistant. Victims of misdemeanor domestic violence are subject to being involved in a lengthy criminal justice system. Since HB-1210 went into effect in 2014, giving all defendants in custody the right to legal counsel in plea negotiations, the District Attorney's Office could no longer resolve 25%-30% through our DV Fast Track Misdemeanor Domestic Violence Program. The impact to victims means these cases are in the court system longer resulting in victims need continual assistance from a VW Assistant as the case continues to be reset. In 2015, the Chief Judge reversed the decision to have one dedicated misdemeanor domestic violence courtroom and reassigned domestic violence cases to all four County Court Divisions. This decision, coupled with the change in law in 2014, meant we were no longer able to provide adequate assistance to misdemeanor domestic violence victims. We were to obtain VALE grant funding in 2015 to reclassify the part time VW Intern position a second full time County Court Victim Assistant allowing us to provide acceptable assistance to victims in all four courtrooms. Presently, the two County VW Assistants are handling misdemeanor domestic violence crimes in a high -volume setting, with multiple cases every day set for first appearance bond hearings. County VW Assistants assisted 805 new domestic violence victims in 2019. VOCA funding provided for 464 of these victims. Careless Driving Resulting in Death and Careless Driving Resulting in Injury These cases are filed in Page 1 of 6 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD EXHIBIT E, STATEMENT OF WORK County Court as traffic and are the most intense cases County CourrVW Assistants handle. Victim families whose loved one has been killed or hurt severely due to a defendant's careless driving can experience the same emotions as families who's loved one has been murdered or of become a victim of vehicular assault. The greatest difficulty victim's families are faced with in Careless Driving Resulting in Death cases is the defendant's potential punishment of only being jail and/or probation compared to a defendant who is convicted of murder being sentenced to prison time up to a life sentence in prison. County VW Assistants must support families who are absolutely devastated and inconsolable in feeling their loved one's death does not matter in the criminal justice system. Although Careless Driving Resulting in Injury cases are not VRA crimes, our office tries to identify victims who have been severely injured with a permanent physical or mental loss to provide proactive victim assistance. When Careless Driving Resulting in Injury cases are reviewed, police reports do not adequately portray the seriousness of a victim's injuries. The VOCA Project provides proactive assistance to all cases filed as Careless Driving Resulting in Injury with the help of a third County VW Assistant and Restitution Assistant (see Restitution Assistant below). The two County VW Assistants are presently assisting 18 victim families in these types of cases. We believe proactive contact with victims of injuries will increase this number noticeably. Impact of County Court docket changes Judges have made three recent changes to dockets which are significantly impacting victim services provided by County Court VW Assistants Unit: 2018- All in -custody defendants appear in front of one County Court Judge for the initial Bond Hearing and entering of a Mandatory Protection Order. This change has impacted the two County Court VW Assistants as these hearings become lengthy meaning VW Assistants must juggle between supporting victims of domestic violence and victims of other crimes as well as performing the many other duties they have in the VW Unit. 2019 - A County Court Magistrate was funded to handle the daily Arraignment Docket rather than one of the four County judges. This change has impacted the two County VW Assistants who must juggle being in five courtrooms at times which is especially difficult on Wednesdays which are trial days. 2020 - One of the four County Court Judges will be piloting a project to have three trials go each week rather than one. This project will require witnesses for all three trials to appear in court on Tuesday as the judge determines which case will go to trial first, second and third during the week. In 2019, County Court cases which proceeded to trial numbered 99. If the the pilot project is deemed to be successful, this process will be implemented in all four County Court Divisions. Two weeks a month two divisions will handle three trials each week and two weeks a month two divisions will set docket. This process will greatly impact the County VW Assistants as they will need to coordinate witnesses for six trials a week rather than two while needing to support victims in the two docket divisions at the same time. REQUEST: Continue VOCA funding for a Spanish bi-lingual County Court VW Assistant and add a 3rd County Court VW Assistant. The court's revamping of County Court dockets is putting anever-increasing strain on the two VW Assistants who need to assist domestic violence victims and victims of other crimes at the same time in more than one courtroom while completing the myriad of other responsibilities. The addition of a 3rd County Court VW Assistant will allow acceptable services to be provided to our victims but while also permit us to provide more attention and proactive assistance to traffic victims of severe traffic injuries. Due to a decrease in VALE grant funding and VALE Administrative funding as well as a decrease in court activity, the 3rd County Court position will not be hired until 2022. For 2021 only, to retain funded staff under the losses mentioned above, the request is for the second Count Court VW Assistant for partial salary. Restitution Assistant - Victims of traffic crashes experience many of the same "but for" emotions as any other crime victim as well as dealing with physical injuries and mental harm that can have long-lasting effects such as TBI, paralysis, loss of limb or function. Victims of financial crime also can have long-lasting financial and emotional impact. These crimes can cause a domino effect in the victim's daily life. The current Restitution Clerk position was created and funded by Weld County Government in 2009 and compiled and documented approximately 2000 victim restitution requests (the majority of them traffic cases). Presently, the Spanish bi-lingual Restitution Clerk processes 4500 victim restitution requests a year (traffic and financial crime). This entails gathering and clarifying restitution information submitted by victims after a defendant is sentenced or reaching out to victims who have not submitted information. The VOCA Project requests upgrading the present Restitution Page 2 of 6 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD EXHIBIT E, STATEMENT OF WORK Clerk to a Restitution Assistant and adding a second Restitution Assistant to enable VW Unit Staff to be proactive in contacting victims. Upgrading the position recognizes the additional victim advocacy role to be taken during the proactive contact with victims for restitution information which will also ascertain which victims need more resources (i.e. victims seriously hurt in traffic crashes, large financial impact) provide additional resources and alert the assigned Deputy District Attorney and/or VW Assistant. REQUEST: VOCA funding to reclassify present Restitution Clerk to Restitution Assistant & add a 2nd Restitution Assistant to provide proactive assistance to 4005 VOCA funded victims. VW Unit Clerical Support -This part-time VW Clerical is first line to answer and re -direct calls in the VW Unit, approximately 80% being victims of VRA crimes. Since 2013, this position has been filled by Spanish bi-lingual staff whose duties have increased as her experience has increased. The position was originally funded at 20 hours a week with VALE ADMIN funds. VALE Grant funding increased hours to 25 a week, and starting 2019, VOCA Grant funding added 5 hours, making this a 30 hour a week position. Due to the impact of gathering VOCA statistics as well as looking up victim contact information to Post Sentencing Agencies (DOC, DYC, Jail, Work Release, Community Corrections and State Hospital) we need the position to be full time. The additional responsibilities warrant upgrade classification. Request: Continue VOCA funding for VW Clerical requesting to make position full time from Office Tech II to Office Tech III. Director of Victim Services - This full time position supervises twelve staff in the Victim Witness Assistance Unit. The position sets policies and procedures of VW Unit Duties, compiles victim stats & completes quarterly narrative grant reports. She is responsible for VRA mandates which include training all staff in the DA's Office, meeting with victims who wish to complain about a VRA issue, working with with court staff supervisors and DA secretary supervisors and VW Staff on VRA notification issues to assure our office is VRA compliant. She directly assists victims who call in, walk into the DA Office lobby, or attend court hearings as well as working with victims whose case has not yet been filed and assigned to a VW Assistant. Request: New funding due to loss of VALE grant funding and loss of VOCA Administrative dollars. This request represents 15% of the total position cost and duties for 2021. Page 3 of 6 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD EXHIBIT E, STATEMENT OF WORK Provide the number of victims (primary and secondary) to be served and the types of services to be provided by Crime Victim Services (CVS) grant -funded personnel during the 24 -month project. Underserved - Other Violent Crimes Cont'd Child Physical Abuse or Neglect Child Sexual Abuse 1,150 2p%.:. Domestic and/or Family Violence Child Sexual Assault Adult Sexual Assault Underserved - Violent Crimes Adult Physical Assault (includes Aggravated and Simple Assault) 0 ;0%:'`:: Adults Sexually Abused/Assaulted as Children DUI/DWI Incidents Elder Abuse or Neglect 16 `.p%'.:. Robbery Survivors of Homicide Victims Underserved - Other Violent Crimes Arson 0 0%i, Bullying (Verbal, Cyber or Physical) 56 Burglary 0 0%, ";; Child Pornography 0 Hate Crime: Racial/Religious/Gender/Sexual Orientation/Other 0 ". ,%0% ::: Human Trafficking: Labor 0. Human Trafficking: Sex 0 ir_`.`0%':;.' Kidnapping (noncustodial) 0 Kidnapping (custodial) Mass Violence (domestic/international) 2,016 ''>36% . Other Vehicular Victimization W 0 Stalking/Harassment/Menacing 30 Teen Dating Victimization 0 0%= Terrorism (domestic/international) Other (Explain) Other, Nonviolent crimes 36% 1,989 i 35% Identity Theft/Fraud/Financial Crime 60 1% Other (Explain) Menacing TOTAL UNDUPLICATED VICTIMS ESTIMATED TO BE SERVED DURING THE GRANT PERIOD = 5677 Page 4 of 6 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD EXHIBIT. E, STATEMENT OF WORK Information about the criminal justice process Individual counseling Information about victim rights, how to obtain notifications, etc. Referral to other victim service programs Referral to other services, supports 8 resources@ ersonal Advocacy/Accompaniment, Victim advocacy/accompaniment to emergency medical care Victim advocacy/accompaniment to medical forensic exam Law enforcement interview advocacy/ accompaniment Individual advocacy n Performance of medical or nonmedical forensic exam or interview, or medical evidence collection Immigration assistance Intervention with employer, creditor, landlord, or academic institution I5l Child or dependent care assistance Transportation assistanceCD Interpreter services Crisis intervention (in -person, includes safety planning) Hotline/crisis line counseling On -scene crisis response onnue Other therapy Support groups (facilitated or peer) o Emergency financial assistance Emergency shelter or safe house Transitional housing Relocation assistance Notification of criminal justice events Victim impact statement assistance Assistance with restitution Civil legal assistance in obtaining protection or restraining order Civil legal assistance with family law issues Other emergency justice -related assistance . Immigration assistance Prosecution interview advocacy/ accompaniment Law enforcement interview advocacy/ accompaniment Criminal justice advocacy/accompaniment Other legal advice and/or counsel Page 5 of 6 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD EXHIBIT E, STATEMENT OF WORK Number of Goals Needed (choose one): DNA ❑■ 1 ❑ 2 D 3 Goal 1 ,y t._1A ..v...c -' t, 1 , sit f ,a , �i k:t Jy i •`a { X iV $ q'' ) 2, .: 49 i ty iaMl.,, -s +'�<)... �r"N �. ,. a.xq ?xF_. ...:, .,� ry, iila i'. i,. : s1. F,.,...`. - :, .. � .. � "Y k y i s' i ' I A r3 k � ,:t".at fi l ?i ! { {' ` �, x "` � !� �,, l. t r x l S Y ti `t Restitution Assistants (1 Spanish bilingual) will provide proactive restitution assistance, advocacy and referral to victims of traffic incidents and financial crime. i y t .. -.. j k; 5' '.. :N :,.. ,e, - Objective ktw f k , f r « Objective , ' S r ' r Ht xeaS.s..,l, ,pzs ) ..„.' ., ., :._ ti. , ::..4 . Position Title Res onslble :r T } ar P ..`...'. .,_ ., .... ,, ,., ...�. �. s. Time Frame $.5, .rk.t . ..; xc ..... Provide proactive victim contact and advocacy to help them submit restitution information 01/01/2021 to 1 (2016 traffic & 1989 financial) identifying victims who need additional contact by the Restitution Assistant 12/31/2022 AddObjective Delete'Objective Overall Project Evaluation Please describe how you will measure the effectiveness of your project's services and activities and how you will evaluate the effectiveness of the services supported by CVS Grants funds. Include information on how the evaluative data you have collected has influenced your agency's current service delivery and how it has informed the services you are requesting support for in this application. The Victim Witness Assistance Unit (VW Unit) provides assistance to victims through Victim Rights Act information and education, Crime Victim Compensation information and application assistance, referral to community services, updates on the status of the case and support throughout the court process. We evaluate this assistance by recording and tracking statistics according to grant specific goals and objectives outlined in this application. The clerical VW staff person utilizes the DA ACTION Stat Report to pull quarterly reports to capture VOCA required statistics. The process to learn how data is pulled, what needs to be tweaked and how VW needs to enter data has been an ongoing process throughout 2019 to the present The Project Director compiles quarterly statistics and reports to the VW Staff on the progress of the intended outcomes/impact of the data collection. This discussion provides insight into any unintended changes or outcomes and identifies for VW Staff the status of the projected time frame goals. Our goal is that in 2020, our hand -counted stats will equal the DA ACTION Stat Report. Client survey are provided to victims at the conclusion of the court process, asking them to rate services from "Very Satisfied" to "Very Unsatisfied", overall experience from "Very Good" to "Very Poor", and include any additional comments in the "Additional Comments and\or Contact the Project Director" section. Returned surveys are reviewed and analyzed to ensure goals and objectives are being met, and to use feedback in effecting programmatic change as needed. Responses are shared with the Victim Witness Unit on a quarterly basis. Evaluations regarding the VOCA funded project had an 88% approval rate in 2019. Our goal in 2020 is to make our victim survey available on-line with the goal that we will receive feedback from more victims. Page 6 of 6 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD EXHIBIT F, BUDGET cantI,lriformatiol Agency Name: Project Title: District Attorney's Office, 19th Judicial District 19th DA Victim Witness Assistance Unit ('. Yes No iPersonnel Posit ?sue 5 `^1: equestw characters for additiohai • fundinginarrati,epn 5characters For; Ji Title: Victim Witness Assistant - County Court Name: Danielle Rodriguez otar hours, erweek Rpos71 r i the;agency (rnax. �4l for ;oP>:wor 40 Annual,Budget - Year 1 (CY21) % Paid by Grant (CY21) Total to be Paid by the Grant (CY21) .tea WSJ G �9T ' 'Annual,Budget Year72 (CY22) . :..awcZ�.eT..\.bf/'�'lF..{��:!ty2+�:,1�S�'fA.f`.�.4i.t:�.. fY`b' -# ,?Fi ?Paid. by -the G. ,rat t,(CY22) n,'*:;WW" Totalf,to be Paidbys the,Gra`nt (CY22) 5 Y1�7:n tiS��.�3te"�t Total'""'""htobe. Paid'byrthe • Grant for,2 Years ...`evr;�s..'Y^d:. Salary: $49,899.20 91.80% $45,807.00 S53,304.56 88.00% $46,908.00 , 592715 00 Fringe/ Benefits: $13,945.68 91.80% $12,802.00 $19,229.91 88.00% $16,922.00 Salary calculated: 2021 Grade 24 -Step 3; 2022 Grade 24 Step 3 for 10��v, r Additional months and Step funding percentage r2021 i f funding for position O : VALE Grant and VALE Administrative loss of funding for . Position is partially funded by VALE Grant, VALE Administrative funds, andr County as match funds for grant. N tih, .s (.y-.. b $122 e 439 r'. 00 * . f♦ Narrative: Continued position. Bi-lingual Spanish VW Assistant provides advocacy and support of victims of misdemeanor crimes, Careless Driving Resulting in Death or serious injury of the victim, as they go through the Criminal Justice System. Fringe is comprised of FICA, Medicare, Health (beginning in 08/21), Vision, Dental, Life, Disability and Retirement. Posrtlon 2 h *� F i <S A? r L i ) , 1 Y\� l T ,+ 5'4 l }l fif w Y. ,, 57 . l., li , .0 � ..₹ �( t+.,, ':♦ S t `nit A. ?.'u...,e �a..: 5 }i. �XT,\it ..w., �. .. .. ,�s.T it _... .... ., ru. :vS...._ F�..J _�.J.�y t, {5 ,R'�i 1, Title: Victim Witness Assistant - District Court Name: Erma Archibeque otal' # hours yF r or the per week posrtron works, agency' max 40hrs) •� t i 40 APnual,Budgt Year 1 (CY21) `% Paid(by Grant (CY21) Total to be Paid by the;Grant (CY21) ,4Y )Annual Budget Year,' Tin ;% Paid�by the Grant (CY22)° *"-R.sr •4?-3`,Gx. "'ih2 F'."i�; „Total �o•Ibe-P dfby �.t e#Grt�ants(GY 21k : ya, x Total to be'Paid by the .�* Granti font ears Salary: $57,886.40 20.00% $11,577.00 $61,401.18 20.00% $12,280.00 x „$23;857 00 K Page 1 of 8 DocuSign Envelope ID: 9B06F673-72AC-410C-8E0D-763500A366AD EXHIBIT F, BUDGET Fringe/ Benefits: $20,198.97 20.00% '$4,040.00 < $20,986.35 20.00% $4,197.00 s N $8,237 00 � • Additional funding for p • position Salary calculated - Grade 24 -Step 8. Position is partially funded by theme' County. it Total i_ 2C T l i 3 $32 094 00 k rn NarrativeCD: Continued position. Bi-lingual Spanish VW Assistant provides advocacy and support of domestic violence victims of felony crimes as they go through the Criminal Justice System. Fringe is comprised of FICA, Medicare,Health, Vision, Dental, Life, Disability and Retirement. ':a Y P.:54-,,...,.-a.',,:',,,,,-sition 3 > r` x i < a * >'{M.. >:,, 1 .? F t ? `...,, t t'v i� .e ti : .,. " .>r. ..r. 1 --..k , € 'S .. ?:,.. .....<�.� \-. . ♦ _, '> t 5xs :; 3� r z.,,_ ;-}-„ i "...._ .. 4: `. t .�. 4 F 2 t k .s .� a, `v 4 .nit^ ¢ r c ; p \, 4s�«,. t a r sts . j� ,� apt' y Title: Victim Witness Assistant - Juvenile Court Name: Gabriela Diaz ' T(-Ail*hours 'l5-}" f for the . h per week position;works agency'(max t40hrs) Annual Budget • Year1 ;(CY21) :% Paid‘by Grant (CY21) Total to be:Paid by the Grant (CY21) Annua�,Budget 4 Yea1 2 (CY22 %1P;aLd by�the GlPan CY22) i5y+.t� ;Tot aI to a aid by t e GGrar t C1' ) Total to be Paid.;!.?ti:,.ath Grant for 2 Ye' rs Salary: $52,956.80 90.28% .$47,809.00 $57,174.07 88.00% $50,313.00 $98,1.22•004,.E Fringe/ Benefits: $19,156.36 90.27% :$17,292.00 .. $20,092.31 88.00% $17,68.1..00 3 ' x$34,97. Additional funding for position p >alary Calculated: months and Step VALE Administrative funded by VALE 2021 Grade 6 for 7 months. loss of Administrative 24 -Step 5; 2022 Increased funding funding for 2021. dollars and County Grade 24 -Step percentage Position is partially as match 5 for 5 due to for project. s z F zz ,. x,Total `.�t 1T.,:�'x ..h: $133,095 rK ; Narrative©: Continued position. juvenile crimes Medicare, Health, Bi-lingual as they go Vision, Spanish VW through the Criminal Dental, Life, Disability Assistant provides Justice and Retirement. advocacy and support System. Fringe is comprised of victims of of FICA, .-..-i.r. ; Position 4 z...>\ .. .... .,,t„ Y ;. r v _. .,v,1, .... .,4 ....... M, A?. ...�.._. Y ,i - ... » -. A T �� a „r P s4. 1 .,., ,. ... .,, area,..., ... .., ♦ }''. _) .r'a - . 1 4�. S ,. 5 FiN ,n, ,- ..E ..,3 ... .,-,. . > t ) Title: Victim Witness Office Tech III Name: Latisha Rodriguez Tota l # hours `, for the per week positon{works agencyx(maz 40hr's) - , 1 _l 40 Annual Budget Year 1 (CY21) % Paid;by Grant (CY21) Total.to be Paid by the_Grant (CY21) rt,'v r,>� .v t.., Af►nualkBudget ear 2 (CY22) ., Paid by,afhe Gr nt�(C Y22�)) 'ztf�n #x'�sc,�, *`4i gr.-9,,9,K91,.. Ppid bye i thGrant (CYX2 � ti �tk g; -', °� "` Totalto be Pa' by the ., Grant for 2 Years Salary: $38,178.44 72.65% $27,737.00 $42;290.98 58.50% $24,790.00 3S , $52,477 00} Fringe/ Benefits:'.k' $26,074.74 72.65% $18,943.00 _.. $26,944.54 58.50% :$15,763.00 $34,706'00 ,i-,.- „„t,R .. Additional funding for p position ,CD ncrease hours per to Step 15. Salary Step 2 for 6 months; Percentage due for 2021. Position Administrative week from Calculated: 2022 Grade to VALE Grant is partially Funds and County 30 to 40. Upgrade position from 2021 Grade 15 -Step 1 for 6 months 15 -Step 3. Increased funding and VALE Administrative loss funded by a VALE Grant, VALE as match for the project. Step 8 and of funding 4 e z r ^Total` `� r r, k x x$872,{183 00' Page 2 of 8 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD EXHIBIT F, BUDGET Narrative®: Continued position: Bi-lingual Spanish VW Office Tech III supports the VW Unit by answering victims calling the VW Unit (80% VRA victims), meeting with victims in the lobby, completing statistical VOCA Stat information for compiling and computation. Fringe is comprised of FICA, Medicare, Health, Vision, Dental, Life, Disability and Retirement. 3 Position 5 - -z ,+,.... ., ..�... 1. ! f i,y > �'... .. N,. ,:vt ,r -t-'x' . i . .w, ._.'. ..N..,.�.,.+�,.,i.. Y 4 a, 4:. t �, u a ak a,+ � f�,! } T 'S 1.: '� y` '•w }'* ��` ,/.4..aY - .. . �. .... *,, „r its j 1 .. .. Ama.. C l �,r r �..f dk k., ,.� .:,\,�.a.t a..'.Ehs ...4 '-t':'?-�+,n �..• u y Title: Victim Witness Assistant County Court Name: TBD Total# hours or, the per week position agencyl,(max 40hrs) works 40 Annual Budget Year 1 (CY21) % Paid by Grant (CY21) Total to be Paid by the' Grant(C,Y21) Annual, Budget4 ear�2z(C�Y,22)' . % Paid by the Grapt',(c 22) Total tote Paid by r thee,Grant CYZ2) ,J- Totalrtobe Paid by the v Grant for 2 Yearys Salary: $35,609.60 80.00% .$28,488.00 $52,917.28 80.00% $42,334.00 Fringe/ Benefits: $13,498.43 80.00% $10,799.00 $29,192.00 80.00% $23,354.00 $34,153 00 :..._:,::......::y... ,....'... ,n...,_ Additional funding for position ® NEW REQUEST: and Step 2 for 6 full benefits family by County as match Salary Calculated: months; 2022 benefits for the 2021 Grade Grade 24 -Step w/ COLA. Position project. 24- Step 1 for 3. Benefits calculated will be partially 6 months at funded i. Tota l r F S u $104,975 00 Narrative®: VW Assistant Resulting in Death Fringe is comprised provides advocacy or serious of FICA, and support injury of the Medicare, Health, of victims victim, as they Vision, Dental, of misdemeanor go through Life, crimes, Careless Driving the Criminal Justice System. Disability and Retirement. ; � Y 1�'li 4 �% \ "{ )_ ]� ^� ?r {;\+= F 5v 3 � � �` k i a'!\ : P 43 1 4 1 F f` ' 'F F [ J Position 6 z r�z r t t r ; ' 1S J 4 1 `t:�S, T d ,? � ) S f .�„ 'C {.rSY- S �, nA ,.,,.tfik..i.c.. ... .....\ i;.,..>,.... 4 7 ..,_. rt'u, ....._.., 1' 1' __,. .s: J 'c <4a�i:`'; ,,. r Title: Restitution Assistant Name: TBD J Total # hours ;per'wee krposition. Works t .,`i Ffi �-for„thehagency (max 40hrs,,- 40 - 'Annual Budget Year 1 (CY21) % Paid by Grant (CY21) Total to be Paid by the`Grant (CY21) .Z,',i*" L ',� x t Annual Budget Yea �2''((CCY22) ,'`�;, a.,,:t . Via` t %,, aid by the rant (CY22) Sz ,t k 8 r STotal,IWAR Paitltbyi th Gran�tti(CCY22))� y ,Ma Ry .a. >„ .,;• Total to be Paid by the y Grantsforrt2 Years'- Salary: $28,585.48 80.00% $22,868.00. $47,925.49 80.00% $38,340.00 = $61;4208 00 Fringe/ Benefits: $11,349.82 80.00% $9,080.00 $28,136.24 80.00% $22,509.00 $31,589 , Additional funding for position ® : NEW REQUEST: Salary Calcu ated: 2021 Grade 20 -Step 1 for and Step 2 for 2 months; 2022 Grade 20 -Step 3. Position will be funded by County as match for the project. 6 months partially '> 3 ° ` Total N $92,797 Narrative: Provide restitution support to victims of misdemeanor, traffic, felony crimes as they go through the Criminal Justice System, referring victim to appropriate resources and alerting County VW Assistant regarding traffic with severe injuries. Fringe is comprised of FICA, Medicare, Health, Vision, Dental, Life, Disability and Retirement. Page 3 of 8 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD EXHIBIT F, BUDGET Title: Restitution Assistant Name: Daisy Haro 4 Total # hours k` ^*t .:for the per` week position.wor agency(max 40his) c 40 Annual. Budget ' % Paid. by Total to be Paid by 5 AnnualtBudget t %' a d'by he Totalyto b Paid by Total tr be Paidby the; Year 1 (CY21) Grant(CY21) the: Grant (CY21) Yeartii(�CY22)" Grant(CY22) *7the{Grant (CY22 wilt or 2 ears Salary: $50,772.80 9.66% $4,905.00 $53,859.94 9.38% $5,052.00 •4 ° 11$9,957 `,-1,,',: '. Fringe/ $10,738.45 9.66% $1,037.00 • $11,391.37 9.38% $1,069.00 $2,106 00 Benefits: Additional funding for position p Upgrade position Grade 20 -Step 7. from Step Position is 16 to Step 20. Salary also funded through Calculated: 2021 County funds. { S :E .. }; M ,•,Total ti x..:f k $12,06300 . Provide restitution support to victims of misdemeanor, traffic, felony crimes as they go through the m: Criminal Justice System, referring victim to appropriate resources and alerting County VW Assistant Narrative regarding traffic with severe injuries. Fringe is comprised of FICA, Medicare, Health, Vision, Dental, Life, Disability and Retirement. ar56 ii ,, Y �.£ �'S 4 4� S ki 'X yJ "M '� YY.,. 1 V ;h C "� c Y , - i .?.' x v Position 8 x1 tiX{ l �} $h d r k vA i4 ? 1�c 4 4] W eh�:•E „ .,t f , ., c ., .T z._ Title: Victim Witness Assistant - Count Court Name: Laurie Hammer `," , Total# hoursfper week position works , �r r ., ;for., Np agency (max 40hrs) �t r 40 Annual Budget ':Year 1 • (O2i )1,',- % Paid by Grant (CY21) Total to be Paid by the;Grant (CY21) }iy aiw 7i 1. eVeik ay2! 'AnnualaBudget Yea 21r(CY22) s "t%' 't •?f Pad by;ttie, GraP (CY22) ''Y ..aA 3 }� ay d,t,-5o,11.1,::.4;;!i �Total�tobe_ Pal cJ b the Grant �(CY22) '.".° ,:w,-, Y -,, Total to be Paid by e �GranVfor2 Yeas • Salary: y $56,482.50 16.23%.$0.00 $9,167.00 $9,167 00 Fringe/ Benefits: $19,902.05 16.22% $3,228.00 : .'i $0 00 $3,238 00 ' Additional funding for position m : VEW REQUEST: Salary Calculated: and Step 8 for 2 months. Funding grant loss. Position is funded 2021 Grade 24 -Step 7 for 10 months only requested for 2021 due to VALE by a VALE Grant and County Funds. Lli •, Total �� ham''< � ` r r-fra` x..r..�.t..�, 4$12,395 00 r. Narrative©: New Position due to VALE Grant loss of funding. VW Assistant provides advocacy and support to victims of misdemeanor crimes, Careless Driving Resulting in Death or serious injury of the victim, as they go through the Criminal Justice System. Fringe is comprised of FICA, Medicare, Health, Vision, Dental, Life, Disability and Retirement. }�9- t' i!SY5'yt 3 to ~d h,`. 4. 11r L l.- ? Y yTi YJ T x Position 9r 1 ' i b • .'-S i .....v.,�c...J,.., �a�:'. ),v2. L'l:�..i fS a:Y t..,. 11. \�i i Y \ i 1 { .-' r � T iti.a`A S '' xtl }t'K t3Yr ' V jj r d X $ i R6 S yi 1 L f .w- 1 a i E. j�.4 to 6.i s.SA .y!" "» x r t.,i,e.t �. 1.,1,1 �',.4 ... ,, r 1.:. _..... ... .e F'e , :C�x? a ., .. .. C. S:...-.. _i. .. .. . .. _. .. �: Title: Director of Victim Witness Name: ( JoAnn Holden Total°#hourstpe Vig-e positionworksE'` axf R rfor<<the'agency [~max 40hrs) ,°, ' �` 40 J Annual Budget Year 1.(CY21) .... ,% Paid by Grant (CY21) - Total to be Paid by the`Grant (CY21) Y13'�''u�..5 d yeti •• st Annual Budget4 Y-ear,2 (CY22 ��r t4 r %Paid by the G,rant1(CY32)t 'x''�Px'bm'i� -rl54 : TTotal i'o;be eaidtby the Gr ntl(C�Y2,2) 5 ..' Total to be Paid by the ,Grant for 2LYears' .:..,, Page 4 of 8 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD EXHIBIT F, BUDGET Salary: $97,406.40 15.10% $14,708.00 50..00. xt<$14,708 00 Fringe/ Benefits: $35,001.45 15.10% $5,285.00 $0.00 - w ,, $5,285 00' ` .`' 1.H5..:....�. , Additional funding for position © : NEW REQUEST: requested for 2021 Administrative VALE administrative project. Salary Calcu due to VALE Funds loss. Position dollars, ated: 2021 Grade grant loss of is funded and County funding 244 Step 9. Funding funding and VALE through a VALE as match for only grant, the ;,<,$ * <^Total �.� s r N�} ....: -::. `" $19993 00 Narrative (D. New Position Victim Witness victims (who call assigned a VW working with victims VW Unit Duties, training on VRA, Medicare, Health, due to VALE supervises in, walk staff yet). who compiling and assuring Vision, Grant loss of funding. all VW unit staff into the lobby, In addition, this have a VRA complaint. victim stats, completing office VRA Dental, Life, Disability and VALE including VOCA or attend court position is responsible Other quarterly notification and and Retirement. Administrative funded hearings, for duties include narrative compliance. Funds loss. staff as well as and victims who VRA mandates policies and reports, providing Fringe is comprised Director of directly assists have not been including procedures for office of FICA, Add Personnel ;Position' •Delete -Personnel Position $1,900.00 COVA Conference 2021 Registration 'ersonnel line Items and limi chdractei O narrgt�V2S Narrative: COVA Conference provides training to update staff skills when working with victim of crime. In addition, this conference assists staff with recognizing and assisting with secondary trauma to retain skilled staff. This cost was previously paid by VALE scholarships. Weld County VALE announced they would not be covering training expenses for 2021. COVA Conference Registration (based on 2019 costs): $380 X 5 = $1,900 $477.00 Office Supplies Narrative©: Cost for replacement of office chairs for VOCA funded victim witness staff during project (Estimated chair $159 x• 3 = $477) st Requested Su ran iM Victim Witness Room supplies $221.00 Narrative©: Cost for water, kleenex and other items victims need during court hearings. Line :? . Delete<L-ine: $2,598.00 Page 5 of 8 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD stItemizediEqurment A EXHIBIT F, BUDGET � ,. +t 2 fT yv? fY .:,.S¢ ^I-T..'x�yy..£ )... Y it + fl�'`Y M (`f'� .p,?4{ 1ri •.,. ,� .:ro^.?R.I1 i 7" ,'a41'AK'-01 wry v:� v r'? '. :.s ,:$�+3 �" Y, S ��.x i �'.3 't'i'IT,...3,�` :,. Y ...' . • 4 �' lsa?fi: r. bT s ?. 1 xiS. J�, `4,.. i �i Travel Re pest Limit -0' 15"iine'�itemsa -iimito zi'000'characters otmarratives su � T ,, e 1� y:ti_.._ §':.':Y �r.'.�_sv�x'i�...¢Y.%ik .. :;�s,:c �,I.. Y.Sis-F'�zz �`t.w�+,Y L�:.... ct.u..s ..-#:qids,'Ys��f,::`�kt',Y..:e,,15,... .4 i� .�'?}-'rS�i2 .Y,F�i.ky^. �-I �h.., � 'C'7+a`v *.e'L4`� �'v� n','�.iC;. iu�lC, 'a, '",i _ l ti'�i... t. ^ .ANT R� :4:. \i ,\ S+�3� Z � � ', ti u SList ltemized`Travel Request (Transportation, Per,Dier, etc )Y g,Y r ` �� .; ,.. _ . _ .,k . _.t,, „ _,. it' .,-.i c .3 � , ...,>.. - ,:"i;z ,>,• r .v ; 3 t„�.,.a. ' v[ Y Total to be a by they . rr s� ,. Grant• orti2 Years -' Conference Lodging $1,267.00 O Narrative . Cost for hotel stay for the 2021 COVA Conference, based on 2019 hotel costs at government rate ($140.85 x 3 rooms = $422.55x 3 nights = $1,267.65 .�.: ��r ^c, t�h Y t i. t }C 0..'n.a.,l 1 . _r f " tl 2 fk'r M F n List'Itemized Travel Request (Transportations Per Diem, etc ) a i� yf k., . r a- .,, ..:_..... ..e. ...,.e _•-. k... . � ... t 5t.- Total to be Pa id b the r 'rant). 2 Years? . ' ..,.. ). eie.. 4.iea .. ...>.t Conference Per Diem $620.00 ® Narrative : Cost for food during COVA Conference in Keystone (based on 2019 government per includes per person: one breakfast, two lunches and two dinners. Cost excludes meals 2019 conference. $124 X 5 = $620 diem rates). Costs provided during the 4 ' tilxT .:.i:: , . �J.,S:.-.. .,. �, ' list Itemized Travel RequestR(Transportation; Per Diem, etc ), t , aY`k� 3x K3� r �r ' µ , r is �. . vn.i ...' ,..... Hl! _{.cJ:...n. -.. :.. .,\..' . r,r ...r. :, ..r....�..:�. .. ._ .. .1... i ,... Sa� .. ....3 . .cam . �. r..w rTotalrto be Paidby the F itGrant for 2 Years 4 , w_ttf., ..u..... ,. �... _ t:�:.. Conference Mileage $137.64 Narrative©: Cost of mileage to travel to COVA Conference in 2021 based on 2020 mileage rate 'Add Lire Delete Lines, ';',7 Gb;.? �' �t � kwf 5��^�4YE r F"r' �. �. ^v bs c a�<-o- .y �i" „ 't'n�' Jf 3t. wly.�,t-i�. r �x r:�.x �^<, ..• r': ,v ,; . , � gz 6,, fa Total Tra,;,.0 queste ,, ,> a` z ,ns $� . :, q Y Y.fii.w . re3. �`fi ...,b v ,. ",✓ ,i. z-.....{_,:xLR%?FA;.£..,*, ...r.-:, k . �... ...7 ...+d_d.. it+>t. : '6._ .__ .._ ... _ _. _. _.. . _. _.... _.. _._..._ $2,025.00 ..__ ........ ....._ . - .._,_.... .. ........_._., characters.for narrocives Eears'' Fr'3 leitem $. Narratives: rant• Add Line Delete Line;, invent Requested Consu ttan is/Con tracts onsu Itants/Contracts' Narrative©: dLine:, a rantFfor 2 Delete,Line Page 6 of 8 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD EXHIBIT F, BUDGET RIndirecti Re's yoL ...:li:1r. Consultants/Contracts Requested: atio ed lndirec T ti' ow Indirect Cost Rate<Calculation„ ere,td dowi oad,the Indirect Cost Calculatoggoo 10.00% $617,034 + $2,598 + $2,025 = $621,657 x 10%. $62,166 $62,166.00 and rectxR0, t este $62,166.00 Page 7 of 8 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD EXHIBIT F, BUDGET :umar ...`ii r _.'. ..:A. �A t.1 K �, t xY t t ,z "z ,�: Budget Categories �"• .a .... k. t Y ' r i 1 -- fi yf � H� � � � t Funding Request •S, �,. 4.rN li -s x r ';'5:, 'f --, �. i � Y r' Cash Match - Ji. .:' ' ct �, . � yt 31' -� 3� 1 Y �i k , •In KindaMatch _ c >'' $...e4' $ 1. , z . ' i .- S wl. y� 4'' �'"` Y f u: l� .t Totals •,.. x ... s $617,034.00 � s`� ` \Personnel tyfi M h $617,034.00 Supplies and Operating $2,598.00 ,k � $2,598.00 $2,025.00 \Travel , G f ti { a ` $2,025.00 Equipment Consultants/Contracts Indirect Costs $62,166.00 \\\\< ' r ° 's $62,166.00 rsa Asti v 4.. .. .. iy'`'5' '+ s,`J� a sTotals 'r sot ' P �t'Ll€ 3.'� tlZ ' � }� Z li ;t4 ,..T�i�.. 4 • tiY{'ett�r�!'i.s.... ,k } 1{ $683,823 00 .. - "{ _ . ...�.liL..l .� �_� K ... .. 1' \\\\\\` i �..'z , .. u �• I .. i 3 4:•,, $683,823 00 , . b �i. L F� 3 .z;, . , �,',' ri,t4i"+'R�,Y �r4 a,� ti k r� a � < zM? = 1�� - .. .. is .. 5.Nk ,h!,�v '�' ° 5.t yv ,Total CVS Funds' Requested Y. s �k Y. P yS. '.> �.s : ,.` , � , vu „�..;�.... tea.. 1' � 3 ..:-)", , ''-' - ''' pGR�,a� '�^s.5i5+'"f'�,,; tz $683,823.00 Page 8 of 8 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD 2018 — Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions 2018 — Victims of Crime Act (VOCA) Crime Victim Assistance 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. A. Grantee Organizational Eligibility Requirements: Victims of Crime Act (VOCA) establishes eligibility criteria that must be met by all organizations that receive VOCA funds. These funds are to be awarded to grantees only for providing services to victims of crime through their staff. Each grantee organization shall meet the following requirements: 1. Public or Non-profit Organization: To be eligible to receive VOCA funds, organizations must be operated by a public or nonprofit organization, or a combination of such organizations, and provide services to crime victims. 2. Record of Effective Services to Victims of Crime and Financial Support from Sources other than VOCA: Demonstrate a record of providing effective services to crime victims and financial support from sources other than the VOCA fund. This includes having the support and approval of its direct services by the community, having a history of providing direct services in a cost-effective manner and the breadth or depth of its financial support comes from sources other than the VOCA fund. 3. Substantial Financial Support from Sources Other than the Crime Victims Fund (New Programs): Those programs that have not yet demonstrated a record of providing effective services to crime victims may be eligible to receive VOCA funding if it has substantial financial support from sources other than the Crime Victims Fund (VOCA). Substantial financial support is when at least 25% of the program's funding in the year of, or the year preceding the award comes from other sources, which may include other federal funding programs. If the funding is non-federal (or meets the DOJ Grants Financial Guide exceptions for using federal funds for match), then a program may count the used funding toward its match requirement. 4. Project Match Requirements: The purpose of matching contributions is to increase the amount of resources available to the projects supported by grant funds. Matching contributions of 20% (cash or in -kind) of the total cost of each VOCA project (VOCA project = VOCA grant plus match), are required for each VOCA-funded project and must be derived from non-federal sources, except as provided in the DOJ Grants Financial Guide, effective edition (Part III. Post Award Requirements, Chapter 3. Matching or Cost Sharing). All funds designated as match are restricted to the same uses as the VOCA victim assistance funds and must be expended within the grant period. Match must be provided on a project - by -project basis. Any deviation from this policy must be approved by the federal Office for Victim of Crime. 5. Volunteers: Programs are required to use volunteers in order to be eligible to receive VOCA funds. The state may waive this requirement, provided the programs submits written 2018-V2-GX-0050 Page 1 of 4 08/09/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD 2018 — Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions documentation of its efforts to recruit and maintain volunteers, or otherwise demonstrate why circumstances prohibit the use of volunteers to the satisfaction of the state. 6. Promote Community Efforts to Aid Crime Victims. Coordinated public and private efforts to aid crime victims may include, but are not limited to, serving on federal, state, local or tribal work groups to oversee and recommend improvements to community responses to crime victims, and developing written agreements and protocols for such responses. 7. Help Victims Apply for Compensation Benefits. Such assistance may include, but is not limited to, referring potential recipients to an organization that can assist, identifying crime victims and advising them of the availability of compensation benefits, assisting potential recipients with application forms and procedures, obtaining necessary documentation, monitoring claim status, and intervening on behalf of potential recipients with the crime victims' compensation program. B. VOCA Requirements for Grantees: 1. The Grantee authorizes DCJ, Office for Victims of Crime (OVC) and/or the Office of the Chief Financial Officer (OCFO), and its representatives, access to and the right to examine all records, books, paper or documents related to the VOCA grant. 2. The grantee agrees to submit a Subgrant Award Report (SAR) part 2 to the Division of Criminal Justice within 30 days of receiving an award. 3. VOCA Requirements The grantee assures that the grantee and its subgrantees will comply with the conditions of the Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(l) and (2), 34 U.S.C. 20103(a)(2) and (b)(1) and (2) (and the applicable program guidelines and regulations), as required. Specifically, the grantee certifies that funds under this award will: a. be awarded only to eligible victim assistance organizations, 34 U.S.C. 20103 (a)(2); b. not be used to supplant State and local public funds that would otherwise be available for crime victim assistance, 34 U.S.C. 20103(a)(2); and c. be allocated in accordance with program guidelines or regulations implementing 34 U.S.C. 20103(a)(2)(A) and 34U.S.C. 20103(a)(2)(B) to, at a minimum, assist victims in the following categories: sexual assault, child abuse, domestic violence, and underserved victims of violent crimes as identified by the State. 4. Demographic Data The grantee assures that its subgrantees will collect and maintain information on race, sex, national origin, age, and disability of victims receiving assistance, where such information is voluntarily furnished by the victim. 5. Discrimination Findings The grantee assures that in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the ground of race, religion, national origin, sex, or disability against a grantee of victim 2018-V2-GX-0050 Page 2 of 4 08/09/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD 2018 — Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions assistance formula funds under this award, the grantee will forward a copy of the findings to DCJ and the Office for Civil Rights of OJP. 6. The grantee understands that all OJP awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The grantee agrees to assist DCJ and/or OJP in carrying out its responsibilities under NEPA and related laws, if the grantee plans to use VOCA funds (directly or through subaward or contract) to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The grantee also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. 7. The grantee agrees to submit (and, as necessary, require sub -recipients to submit) quarterly performance reports on the performance metrics identified by DCJ and OVC. These quarterly reports are completed and submitted in the federal Performance Measures Tool (PMT) system. This information on the activities supported by the award funding will assist in assessing the effects that VOCA Victim Assistance funds have had on services to crime victims within the jurisdiction. 8. Grantee integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS. The grantee 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 OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, grantees of OJP 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 grantee obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Grantee Integrity and Performance Matters, including Grantee Reporting to FAPIIS), and are incorporated by reference here. 9. Categorical Exclusion for Colorado Division of Criminal Justice The subject grant provides funds from the Victims of Crime Act of 1984 (VOCA) to enhance crime victim services in the State. These funds are awarded by the State to local community - based organizations that provide direct services to crime victims. None of the following activities will be conducted either under the OJP federal action or a related third party action: 1. New construction. 2. Any renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historical Places or (b) located within a 100 - year floodplain. 3. A renovation which will change the basic prior use of a facility or significantly change its size. 4. Research and technology whose anticipated and future application could be expected to have an effect on the environment. 5. Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets OJP's 2018-V2-GX-0050 Page 3 of 4 08/09/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD 2018 — Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions criteria for a categorical exclusion as contained in paragraph 4.(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally, the proposed action is neither a phase or a segment of a project which when viewed in its entirety would not meet the criteria for a categorical exclusion. C. Crime Victims Services (CVS) Requirements: 1. Future funding: The capacity for CVS grant funds to provide future dollars for projects is undetermined at this time. 2. Grantee Agency shall notify the Division of Criminal Justice (DCJ) if the agency has obtained funding for a specific (CVS) funded position that totals more than 100% of the cost for that position. The agency must resolve the allocation of funds to the satisfaction of DCJ. 3. Grantee agency must notify DCJ immediately in writing, in the method determined by DCJ of: • any CVS grant funded personnel changes; • any CVS grant funded position that is vacant more than 45 days; • any change of an Official and/or employee who is listed as a responsible party on this CVS grant funded project. 4. State Confidentiality of Victims Information: The Grantee certifies that the signing authorities, all staff and volunteers assigned to the project have read and understand, state laws and applicable rules of professional conduct related to issues of confidentiality and privilege, particularly with respect to releasing identifying information about victims of crime, including, but not limited to, those found in C.R.S. 13-90-107. 5. Colorado Victim Rights Act (Applies to Government Agencies only): The Grantee Agency assures that Grant signatories, all staff and volunteers assigned to the funded project have read and understand the rights afforded to crime victims pursuant to 24-4.1-302.5 C.R.S., and the services delineated pursuant to 24-4.1-303 and 24-4.1-304 C.R.S. commonly known as the Victim Rights Act, and enabling legislation. 2018-V2-GX-0050 Page 4 of 4 08/09/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD 2019— Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions 2019 — Victims of Crime Act (VOCA) Crime Victim Assistance 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. A. Grantee Organizational Eligibility Requirements: Victims of Crime Act (VOCA) establishes eligibility criteria that must be met by all organizations that receive VOCA funds. These funds are to be awarded to grantees only for providing services to victims of crime through their staff. Each grantee organization shall meet the following requirements: 1. Public or Non-profit Organization: To be eligible to receive VOCA funds, organizations must be operated by a public or nonprofit organization, or a combination of such organizations, and provide services to crime victims. 2. Record of Effective Services to Victims of Crime and Financial Support from Sources other than VOCA: Demonstrate a record of providing effective services to crime victims and financial support from sources other than the VOCA fund. This includes having the support and approval of its direct services by the community, having a history of providing direct services in a cost-effective manner and the breadth or depth of its financial support comes from sources other than the VOCA fund. 3. Substantial Financial Support from Sources Other than the Crime Victims Fund (New Programs): Those programs that have not yet demonstrated a record of providing effective services to crime victims may be eligible to receive VOCA funding if it has substantial financial support from sources other than the Crime Victims Fund (VOCA). Substantial financial support is when at least 25% of the program's funding in the year of, or the year preceding the award comes from other sources, which may include other federal funding programs. If the funding is non-federal (or meets the DOJ Grants Financial Guide exceptions for using federal funds for match), then a program may count the used funding toward its match requirement. 4. Project Match Requirements: The purpose of matching contributions is to increase the amount of resources available to the projects supported by grant funds. Matching contributions of 20% (cash or in -kind) of the total cost of each VOCA project (VOCA project = VOCA grant plus match), are required for each VOCA-funded project and must be derived from non-federal sources, except as provided in the DOJ Grants Financial Guide, effective edition (Part III. Post Award Requirements, Chapter 3. Matching or Cost Sharing). All funds designated as match are restricted to the same uses as the VOCA victim assistance funds and must be expended within the grant period. Match must be provided on a project - by -project basis. Any deviation from this policy must be approved by the federal Office for Victim of Crime. 5. Volunteers: Programs are required to use volunteers in order to be eligible to receive VOCA funds. The state may waive this requirement, provided the programs submits written 2019-V2-GX-0027 Page 1 of 4 09/13/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD 2019— Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions documentation of its efforts to recruit and maintain volunteers, or otherwise demonstrate why circumstances prohibit the use of volunteers to the satisfaction of the state. 6. Promote Community Efforts to Aid Crime Victims. Coordinated public and private efforts to aid crime victims may include, but are not limited to, serving on federal, state, local or tribal work groups to oversee and recommend improvements to community responses to crime victims, and developing written agreements and protocols for such responses. 7. Help Victims Apply for Compensation Benefits. Such assistance may include, but is not limited to, referring potential recipients to an organization that can assist, identifying crime victims and advising them of the availability of compensation benefits, assisting potential recipients with application forms and procedures, obtaining necessary documentation, monitoring claim status, and intervening on behalf of potential recipients with the crime victims' compensation program. 8. Does not discriminate against victims because they disagree with the way the state is prosecuting the criminal case. B. Crime Victims Services (CVS) Requirements: 1. Future funding: The capacity for CVS grant funds to provide future dollars for projects is undetermined at this time. 2. Grantee Agency shall notify the Division of Criminal Justice (DCJ) if the agency has obtained funding for a specific (CVS) funded position that totals more than 100% of the cost for that position. The agency must resolve the allocation of funds to the satisfaction of DCJ. 3. Grantee agency must notify DCJ immediately in writing, in the method determined by DCJ of: • any CVS grant funded personnel changes; • any CVS grant funded position that is vacant more than 45 days; • any change of an Official and/or employee who is listed as a responsible party on this CVS grant funded project. 4. State Confidentiality of Victims Information: The Grantee certifies that the signing authorities, all staff and volunteers assigned to the project have read and understand, state laws and applicable rules of professional conduct related to issues of confidentiality and privilege, particularly with respect to releasing identifying information about victims of crime, including, but not limited to, those found in C.R.S. 13-90-107. 5. Colorado Victim Rights Act (Applies to Government Agencies only): The Grantee Agency assures that Grant signatories, all staff and volunteers assigned to the funded project have read and understand the rights afforded to crime victims pursuant to 24-4.1-302.5 C.R.S., and the services delineated pursuant to 24-4.1-303 and 24-4.1-304 C.R.S. commonly known as the Victim Rights Act, and enabling legislation. 2019-V2-GX-0027 Page 2 of 4 09/13/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD 2019— Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions C. Victims of Crime Act (VOCA) Requirements for Grantees: 1. Discrimination Findings The grantee assures that in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the ground of race, religion, national origin, sex, or disability against a recipient of victim assistance formula funds under this award, the recipient will forward a copy of the findings to the Division of Criminal Justice (DCJ). 2. VOCA Requirements The grantee assures that the grantee and its subgrantees will comply with the conditions of the Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(l) and (2), 34 U.S.C. 20103(a)(2) and (b)(l) and (2) (and the applicable program guidelines and regulations), as required. Specifically, the grantee certifies that funds under this award will: a. be awarded only to eligible victim assistance organizations, 34 U.S.C. 20103(a)(2); b. not be used to supplant State and local public funds that would otherwise be available for crime victim assistance, 34 U.S.C. 20103(a)(2); and c. be allocated in accordance with program guidelines or regulations implementing 34 U.S.C. 20103(a)(2)(A) and 34U.S.C. 20103(a)(2)(B) to, at a minimum, assist victims in the following categories: sexual assault, child abuse, domestic violence, and underserved victims of violent crimes as identified by the State. 3. The grantee agrees to submit (and, as necessary, require sub -recipients to submit) quarterly performance reports on the performance metrics identified by DCJ and OVC. This information on the activities supported by the award funding will assist in assessing the effects that VOCA Victim Assistance funds have had on services to crime victims within the jurisdiction. 4. Categorical Exclusion for Colorado Division of Criminal Justice The subject grant provides funds from the Victims of Crime Act of 1984 (VOCA) to enhance crime victim services in the State. These funds are awarded by the State to local community - based organizations that provide direct services to crime victims. None of the following activities will be conducted either under the OJP federal action or a related third party action: 1. New construction. 2. Any renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historical Places or (b) located within a 100 - year floodplain. 3. A renovation which will change the basic prior use of a facility or significantly change its size. 4. Research and technology whose anticipated and future application could be expected to have an effect on the environment. 5. Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets OJP's criteria for a categorical exclusion as contained in paragraph 4.(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally, the proposed action is neither a phase or a segment of a project which when viewed in its entirety would not meet the criteria for a categorical exclusion. 2019-V2-GX-0027 Page 3 of 4 09/13/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD 2019— Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions 5. The grantee agrees to submit a Subgrant Award Report (SAR) part 2 to the Division of Criminal Justice within 30 days of receiving an award. 6. Demographic Data The grantee assures that its subgrantees will collect and maintain information on race, sex, national origin, age, and disability of victims receiving assistance, where such information is voluntarily furnished by the victim. 2019-V2-GX-0027 Page 4 of 4 09/13/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD 2020— Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions 2020 — Victims of Crime Act (VOCA) Crime Victim Assistance 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. A. Grantee Organizational Eligibility Requirements: Victims of Crime Act (VOCA) establishes eligibility criteria that must be met by all organizations that receive VOCA funds. These funds are to be awarded to grantees only for providing services to victims of crime through their staff. Each grantee organization shall meet the following requirements: 1. Public or Non-profit Organization: To be eligible to receive VOCA funds, organizations must be operated by a public or nonprofit organization, or a combination of such organizations, and provide services to crime victims. 2. Record of Effective Services to Victims of Crime and Financial Support from Sources other than VOCA: Demonstrate a record of providing effective services to crime victims and financial support from sources other than the VOCA fund. This includes having the support and approval of its direct services by the community, having a history of providing direct services in a cost-effective manner and the breadth or depth of its financial support comes from sources other than the VOCA fund. 3. Substantial Financial Support from Sources Other than the Crime Victims Fund (New Programs): Those programs that have not yet demonstrated a record of providing effective services to crime victims may be eligible to receive VOCA funding if it has substantial financial support from sources other than the Crime Victims Fund (VOCA). Substantial financial support is when at least 25% of the program's funding in the year of, or the year preceding the award comes from other sources, which may include other federal funding programs. If the funding is non-federal (or meets the DOJ Grants Financial Guide exceptions for using federal funds for match), then a program may count the used funding toward its match requirement. 4. Project Match Requirements: The purpose of matching contributions is to increase the amount of resources available to the projects supported by grant funds. Matching contributions of 20% (cash or in -kind) of the total cost of each VOCA project (VOCA project = VOCA grant plus match), are required for each VOCA-funded project and must be derived from non-federal sources, except as provided in the DOJ Grants Financial Guide, effective edition (Part III. Post Award Requirements, Chapter 3. Matching or Cost Sharing). All funds designated as match are restricted to the same uses as the VOCA victim assistance funds and must be expended within the grant period. Match must be provided on a project - by -project basis. Any deviation from this policy must be approved by the federal Office for Victim of Crime. 5. Volunteers: Programs are required to use volunteers in order to be eligible to receive VOCA funds. The state may waive this requirement, provided the programs submits written 2020-V2-GX-0024 Page 1 of 3 09/17/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD 2020 — Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions documentation of its efforts to recruit and maintain volunteers, or otherwise demonstrate why circumstances prohibit the use of volunteers to the satisfaction of the state. 6. Promote Community Efforts to Aid Crime Victims. Coordinated public and private efforts to aid crime victims may include, but are not limited to, serving on federal, state, local or tribal work groups to oversee and recommend improvements to community responses to crime victims, and developing written agreements and protocols for such responses. 7. Help Victims Apply for Compensation Benefits. Such assistance may include, but is not limited to, referring potential recipients to an organization that can assist, identifying crime victims and advising them of the availability of compensation benefits, assisting potential recipients with application forms and procedures, obtaining necessary documentation, monitoring claim status, and intervening on behalf of potential recipients with the crime victims' compensation program. 8. Does not discriminate against victims because they disagree with the way the state is prosecuting the criminal case. B. Crime Victims Services (CVS) Requirements: 1. Future funding: The capacity for CVS grant funds to provide future dollars for projects is undetermined at this time. 2. Grantee Agency shall notify the Division of Criminal Justice (DCJ) if the agency has obtained funding for a specific (CVS) funded position that totals more than 100% of the cost for that position. The agency must resolve the allocation of funds to the satisfaction of DCJ. 3. Grantee agency must notify DCJ immediately in writing, in the method determined by DCJ of: • any CVS grant funded personnel changes; • any CVS grant funded position that is vacant more than 45 days; • any change of an Official and/or employee who is listed as a responsible party on this CVS grant funded project. 4. State Confidentiality of Victims Information: The Grantee certifies that the signing authorities, all staff and volunteers assigned to the project have read and understand, state laws and applicable rules of professional conduct related to issues of confidentiality and privilege, particularly with respect to releasing identifying information about victims of crime, including, but not limited to, those found in C.R.S. 13-90-107. 5. Colorado Victim Rights Act (Applies to Government Agencies only): The Grantee Agency assures that Grant signatories, all staff and volunteers assigned to the funded project have read and understand the rights afforded to crime victims pursuant to 24-4.1-302.5 C.R.S., and the services delineated pursuant to 24-4.1-303 and 24-4.1-304 C.R.S. commonly known as the Victim Rights Act, and enabling legislation. 2020-V2-GX-0024 Page 2 of 3 09/17/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD 2020 — Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions C. Victims of Crime Act (VOCA) Requirements for Grantees: 1. Discrimination Findings The grantee assures that in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the ground of race, religion, national origin, sex, or disability against a recipient of victim assistance formula funds under this award, the recipient will forward a copy of the findings to the Division of Criminal Justice (DCJ). 2. VOCA Requirements The grantee assures that the grantee and its subgrantees will comply with the conditions of the Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 34 U.S.C. 20103(a)(2) and (b)(1) and (2) (and the applicable program guidelines and regulations), as required. Specifically, the grantee certifies that funds under this award will: a. be awarded only to eligible victim assistance organizations, 34 U.S.C. 20103(a)(2); b. not be used to supplant State and local public funds that would otherwise be available for crime victim assistance, 34 U.S.C. 20103(a)(2); and c. be allocated in accordance with program guidelines or regulations implementing 34 U.S.C. 20103(a)(2)(A) and 34U.S.C. 20103(a)(2)(B) to, at a minimum, assist victims in the following categories: sexual assault, child abuse, domestic violence, and underserved victims of violent crimes as identified by the State. 3. Categorical Exclusion for Colorado Division of Criminal Justice The subject grant provides funds from the Victims of Crime Act of 1984 (VOCA) to enhance crime victim assistance payment to eligible victims. None of the following activities will be conducted either under the OJP federal action or a related third party action: 1. New construction. 2. Any renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historical Places or (b) located within a 100 -year floodplain. 3. A renovation which will change the basic prior use of a facility or significantly change its size. 4. Research and technology whose anticipated and future application could be expected to have an effect on the environment. 5. Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets OJP's criteria for a categorical exclusion as contained in 28 C.F.R. Part 61, Appendix D, paragraph 4(b). Additionally, the proposed action is neither a phase or a segment of a project which when viewed in its entirety would not meet the criteria for a categorical exclusion. 4. The grantee agrees to submit a Subgrant Award Report (SAR) part 2 (or other required grant management system forms) to the Division of Criminal Justice within 30 days of receiving an award, or when requested by DCJ. 5. Demographic Data The grantee assures that its subgrantees will collect and maintain information on race, sex, national origin, age, and disability of victims receiving assistance, where such information is voluntarily furnished by the victim. 2020- V2-GX-0024 Page 3 of 3 09/17/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8EOD-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements 2018 FEDERAL REQUIREMENTS 2018 FEDERAL REQUIREMENTS 1 1. ENSURING COMPLIANCE OF SUBGRANTEES (SUBRECIPIENTS) 2 2. GENERAL CONDITIONS 2 A. Requirements of the award; remedies for non-compliance or for materially false statements 2 B. Applicability of Part 200 Uniform Requirements 3 C. Compliance with DOJ Grants Financial Guide 3 D. Reclassification of various statutory provisions to a new Title 34 of the United States Code — NEW Federal Requirement 2018 3 E. Requirements related to "de minimis" indirect cost rate 4 F. Requirement to report potentially duplicative funding 4 G. Requirements related to System for Award Management and Universal Identifier Requirements 4 H. Requirement to report actual or imminent breach of personally identifiable information (PII) —NEW Federal Requirement 2018 5 I. All subawards ("subgrants") must have DCJ authorization 5 J. Specific post -award approval required to use a noncompetitive approach in any procurement contract 5 K. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP or OVW authority to terminate award) 5 L. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events 6 M. Requirement for data on performance and effectiveness under the award 6 N. Training Guiding Principles 6 O. Effect of failure to address audit issues 6 P. Potential imposition of additional requirements 7 Q. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 7 R. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 7 S. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 7 T. Restrictions on "lobbying" 7 U. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2018) 8 V. Reporting potential fraud, waste, and abuse, and similar misconduct 10 W. Restrictions and certifications regarding non -disclosure agreements and related matters 10 X. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) 11 Y. Encouragement of policies to ban text messaging while driving 12 L. Right to examine documents 12 AA. Maintaining contact information 12 3. FINANCIAL REQUIREMENTS 12 A. Non -supplanting of State and local funds 12 B. Awards in excess of $5,000,000 - Certification related to federal taxes 13 Page I of 18 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8EDD-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements C. Misuse of award funds 13 D. Limitation on use of funds to approved activities 13 4. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH OJP AWARDS 13 A. Civil rights laws and nondiscrimination provisions 13 B. Providing Services to Limited English Proficiency (LEP) Individuals 14 C. Ensuring Equal Treatment for Faith -Based Organizations and Safeguarding Constitutional Protections Related to Religion 14 D. Ensuring Access to Federally Assisted Programs 15 E. Enforcing Civil Rights Laws 15 F. Using Arrest and Conviction Records in Making Employment Decisions 15 G. Complying with the Safe Streets Act 16 H. Meeting the EEOP Requirement 16 I. Meeting the Requirement to Submit Findings of Discrimination 16 J. Ensuring the Compliance of Subrecipients/Subgrantees 16 K. Certification 16 5. OVW GRANTS ONLY 17 A. Compliance with statutory and regulatory requirements 17 B. VAWA 2013 nondiscrimination condition 17 C. Confidentiality and information sharing 17 D. Activities that compromise victim safety and recovery and undermine offender accountability 17 E. Termination or suspension for cause 18 1. 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. 2. GENERAL CONDITIONS A. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the grantee that relate to conduct during the period of performance also is a material requirement of this award. 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 a certification or assurance related to conduct during the award period -- may result in the Office of Justice Programs ("OJP"), the Office on Violence Against Women (OVW), or the Division of Criminal Justice (DCJ) taking appropriate action with respect to the grantee and the award. Among other things, the OJP, OVW and/or DCJ may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice ("DOJ"), including OJP and OVW, and DCJ, also may take other legal action as appropriate. Page 2 of 18 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements 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. B. Applicability of Part 200 Uniform Requirements Grantee agrees to comply with 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 FY 2018 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP and OVW awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part2000niformRequirements.htm, or the OVW website at haps://www.justice.gov/ovw/grantees. Record retention and access: Records pertinent to the award that the grantee (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 (see equipment retention requirements)-- and to which the grantee (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 OJP or OVW that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the grantee is to contact DCJ promptly for clarification. C. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the Office of Justice Programs 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 grantee agrees to comply with the DOJ Grants Financial Guide. D. Reclassification of various statutory provisions to a new Title 34 of the United States Code — NEW Federal Requirement 2018 On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent Page 3 of 18 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements 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. E. Requirements related to "de minimis" indirect cost rate A grantee that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. F. Requirement to report potentially duplicative funding If the grantee currently has other active awards of federal funds, or if the grantee receives any other award of federal funds during the period of performance for this award, the grantee 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 grantee must promptly notify DCJ in writing of the potential duplication, and, if so requested by DCJ, must seek a budget -modification and/or change in Statement of Work and/or change in Statement of Work to eliminate any inappropriate duplication of funding. G. Requirements related to System for Award Management and Universal Identifier Requirements The grantee must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The grantee 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 grantee) the unique entity identifier required for SAM registration. The details of the grantee's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm and OVW's website https://www.justice.gov/ovw/grantees (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Page 4 of 18 09/07/2018 DocuSign Envelope ID: 980BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements H. Requirement to report actual or imminent breach of personally identifiable information (PII) — NEW Federal Requirement 2018 The grantee (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (as defined in 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)" (as defined in 2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or 2) uses or operates a "Federal information system" (as defined in OMB Circular A-130). The grantee's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. I. All subawards ("subgrants") must have DCJ authorization The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm or OVW web site at https://www.justice.gov/ovw/award-conditions (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. J. Specific post -award approval required to use a noncompetitive approach in any procurement contract The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract. This condition applies to agreements that -- for purposes of federal grants administrative requirements — OJP or OVW considers a procurement "contract" (and therefore does not consider a subaward). K. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP or OVW authority to terminate award) The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of grantees, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the grantee or of any subrecipient. The details of the grantee's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm or OVW web site at https://www.justice.gov/ovw/grantees (Award condition: Prohibited conduct by grantees and subrecipients related to trafficking in persons (including reporting requirements and OJP or OVW authority to terminate award)), and are incorporated by reference here. Page 5 of 18 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements L. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears on the OVW website at https://www.justice.gov/ovw/conference-planning. M.Requirement for data on performance and effectiveness under the award The grantee and subrecipients ("subgrantees") 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 OVW and/or OJP 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. Recipients of OVW grant dollars Under the Government Performance and Results Act (GPRA), VAWA 2000 and subsequent legislation grantees and subgrantees are required to collect the information that is included on the Measuring Effectiveness Progress Reports for the OVW Program under which this award is funded. N. Training Guiding Principles Any training or training materials that the grantee -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP or OVW award funds must adhere to the federal awarding agency (OJP or OVW, as appropriate) Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm, and the OVW Training Guiding Principles for Grantees and Subgrantees, are available at https://www.justice.gov/ovw/resources-and-faqs-grantees. O. Effect of failure to address audit issues The grantee understands and agrees that DCJ or the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DCJ or the DOJ awarding agency) the grantee 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. Page 6 of 18 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements P. Potential imposition of additional requirements The grantee agrees to comply with any additional requirements that may be imposed by DCJ during the period of performance for this award, if the grantee is designated as "high - risk" Q. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The grantee, 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. R. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The grantee, 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." S. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. 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 also sets out rules and requirements that pertain to grantee and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to grantees and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgibin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. T. Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP or OVW 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.) OVW funded grants only: The grantee, or any subrecipient ("subgrantee") may, however, use federal funds to collaborate with and provide information to federal, state, local, tribal and territorial public officials and agencies to develop and implement Page 7 of 18 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-BE0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements policies and develop and promote state, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking (as those terms are defined in 34 U.S.C. 12291(a)) when such collaboration and provision of information is consistent with the activities otherwise authorized under this grant program. Another federal law generally prohibits federal funds awarded by OJP or OVW from being used by the grantee, 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 grantee (or subrecipient) would or might fall within the scope of these prohibitions, the grantee is to contact DCJ for guidance, and may not proceed without the express prior written approval of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate). U. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2018) The grantee, 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, 2018, are set out below, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a grantee (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the grantee is to contact DCJ for guidance, and may not proceed without the express prior written approval of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate). Background. The federal appropriations statutes that provide (among many other things) the funds that OJP awards in its grants and cooperative agreements include various restrictions on how the federal appropriated funds may be used. These restrictions, which often appear in sets of "General Provisions," typically do not relate to a particular program, or even to a particular agency such as OJP or OVW. Rather, they are wide-ranging, "cross- cutting" restrictions. OVW funded grants only: Pertinent restrictions, for each fiscal year, are set out at https://www.justice.gov/ovw/award-conditions (Award Condition: General appropriations - law restrictions on use of federal award funds), and are incorporated by reference here. These do not supersede any specific conditions in this award document. Award Condition: Each recipient of an OJP or OV\1V award made in FY 2018, and any subrecipient ("subgrantee") at any tier under an OJP or OVWaward made in FY 2018, must comply with all applicable restrictions, as set out below. Restrictions applicable to all federal funds awarded in FY 2018 Page 8 of 18 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8EDD-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements 1. 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. 2. Certain employee trainings. Federal funds are not legally available, and may not be used, for any employee training that -- a. does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; b. contains elements likely to induce high levels of emotional response or psychological stress in some participants; c. does not require prior employee notification of the content and methods to be used in the training and written end -of -course evaluation; d. 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 e. 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. 3. Nondisclosure policies, forms, and agreements. a. General rule - Federal funds are not legally available, and may not be used, to implement or enforce any nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain the following provisions: "These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing [federal] statute or Executive order relating to: (1) classified information; (2) communications to Congress; (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and [federal] statutory provisions are incorporated into this agreement and are controlling." Notwithstanding the above provision, a nondisclosure policy, form, or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence -related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar disclosures to Congress, or to an authorized official of an executive agency or Page 9 of 18 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements the United States Department of Justice, that are essential to reporting a substantial violation of law. b. Certain exceptions. Under certain circumstances, a nondisclosure agreement that does not contain the provisions set out in subsection (a) above nevertheless may continue to be implemented and enforced. Should a question arise as to whether an exception to the general rule set out in subsection (a) may be available for a particular nondisclosure agreement, the recipient is to contact OJP for guidance, and the recipient may not use federal funds to implement, continue to implement, or enforce the nondisclosure agreement without the express prior written approval of OJP. 4. ACORN and related organizations. Absent express prior written approval from OJP, federal funds may not be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, allied organizations, or successors. V. Reporting potential fraud, waste, and abuse, and similar misconduct The grantee 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) 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 (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at hups://oig.justice.gov/hotline. W.Restrictions and certifications regarding non -disclosure agreements and related matters No grantee 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 Page 10 of 18 09/07/2018 DocuSIgn Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the grantee — 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 grantee 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 grantee'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. X. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The grantee (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 Page 11 of 18 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The grantee also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the grantee is to contact the DCJ or DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Y. 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 grantees 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. Z. Right to examine documents The grantee, and any subrecipient ("subgrantee") at any tier, must authorize the DCJ or DOJ awarding agency (OJP or OVW, as appropriate) and/or the Office of the Chief Financial Officer (OCFO), and its representatives, access to and the right to examine all records, books, paper, or documents related to this grant. AA. 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). 3. FINANCIAL REQUIREMENTS A. Non -supplanting of State and local funds Supplanting arises when a State or unit of local government reduces State or local funds for an activity specifically because federal funds are available (or are expected to be available) to fund that same activity. Federal funds must be used to supplement existing State or local funds for program activities, and may not replace (that is, may not "supplant") State or local funds that have been appropriated or allocated for the same purpose. Additionally, federal funding may not replace State or local funding that is required by law. When supplanting is prohibited, potential supplanting will be the subject of DCJ and OJP monitoring and audit. Should a question of supplanting arise, the applicant or 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. Page 12 of 18 09/07/2018 DocuSign Envelope ID: 980BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements B. Awards in excess of $5,000,000 - Certification related to federal taxes A prospective grantee of an OJP 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 OJP receives a satisfactory certification. C. Misuse of award funds The grantee understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. D. Limitation on use of funds to approved activities The grantee 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. 4. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH OJP AWARDS The Grantee hereby agrees that it will comply, and all of its subrecipients ("subgrantees") will comply, with the applicable provisions of: A. Civil rights laws and nondiscrimination provisions States and units of local government, public and nonprofit institutions of higher education, nonprofit organizations, for-profit businesses, and other recipients of OJP or OVW grants and cooperative agreements may be subject to various federal civil rights laws for reasons other than their receipt of OJP or OVW funds. Some examples include federal civil rights laws related to discrimination on the basis of race, color, national origin, sex, religion, or disability. Because an OJP or OVW award (that is, an OJP or OVW grant or cooperative agreement) is a form of "federal financial assistance," the recipients of an OJP or OVW 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 O.IP or OVW awards -- in addition to the civil rights laws -- because they are set out in a statute that applies specifically to one or more particular OJP or OVW grant programs, or to OJP or OVW awards made under a particular legal authority. Much like the civil rights laws, these provisions apply variously to the Page 13 of I8 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements programs, activity, or undertaking funded in whole or in part by OJP or OVW, and are described herein. a. Such nondiscrimination provisions apply to some, but not all, OJP or OVW grant programs. b. The nondiscrimination provisions that apply to an OJP or OVW award (above and beyond the requirements in "cross -cutting" civil rights laws) may vary from award to award, even for awards made during the same fiscal year. c. Typically, no more than one of these nondiscrimination provisions will apply to any particular OJP or OVW award. General information on the civil rights laws that apply to every OJP or OVW award, and on the nondiscrimination provisions that apply to some OJP or OVW awards, is available at https://ojp.gov/about/ocr/statutes.htm NOTE: As discussed in more detail below, if a civil rights law or nondiscrimination provision prohibits discrimination in employment on the basis of religion, the prohibition is read together with the provisions of the Religious Freedom Restoration Act of 1993. B. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website https://www.lep.gov. C. Ensuring Equal Treatment for Faith -Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Faith -Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016, prohibits all grantee organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of worship, or faith -based organizations, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non -funded explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by the DOJ, and grantees cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. Funded faith -based organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded faith -based organization will take reasonable steps to refer the beneficiary to an alternative service Page 14 of 18 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements provider. For more information on the regulation, please see the OCR's website at https://ojp.gov/about/ocr/partnerships.htm. SAAs and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as amended, 34 U.S.C. § 12291(b)(13), contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case - by -case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. D. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at https://ojp.gov/about/octivawafaqs.htm. E. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. F. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Page 15 of 18 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. if warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). G. Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). H. Meeting the EEOP Requirement An EEOP is a comprehensive document that analyzes a grantee's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in all levels of a grantee's workforce. As a grantee of DOJ funding, you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more information on whether your organization is subject to the EEOP requirements, see https://ojp.gov/about/ocr/eeop.htm. Additionally, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at EEOPforms@usdoj.gov. I. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. J. Ensuring the Compliance of Subrecipients/Subgrantees SAAs (DCJ) must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. K. Certification Each grantee by accepting this award, certifies that it will comply (and it will require any subrecipient at any tier to comply) with applicable civil rights laws and nondiscrimination provisions. An additional DCJ Form 30, will be required prior to the disbursement of any funds. Page 16 of 18 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements 5. OVW GRANTS ONLY A. Compliance with statutory and regulatory requirements The grantee agrees to comply with all relevant statutory and regulatory requirements, which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of 2013, P.L. 113-4, the Omnibus Crime Control and Safe Streets Act of 1968, 34 U.S.C. §§ 10101 et seq., and OVW's implementing regulations at 28 C.F.R. Part 90. B. VAWA 2013 nondiscrimination condition The recipient acknowledges that 34 U.S.C. § 12291(b)(13) prohibits recipients of OVW awards from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by OVW. The recipient agrees that it will comply with this provision. The recipient also agrees to ensure that any subrecipients ("subgrantees") at any tier will comply with this provision. C. Confidentiality and information sharing The grantee agrees to comply with the provisions of 34 U.S.C. § 12291(b)(2), nondisclosure of confidential or private information, which includes creating and maintaining documentation of compliance, such as policies and procedures for release of victim information. The grantee also agrees to ensure that all subrecipients ("subgrantees") at any tier meet these requirements. D. Activities that compromise victim safety and recovery and undermine offender accountability The grantee agrees that grant funds will not support activities that compromise victim safety and recovery or undermine offender accountability, such as: procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or sex of their children; procedures or policies that compromise the confidentiality of information and privacy of persons receiving OVW-funded services; procedures or policies that impose requirements on victims in order to receive services (e.g., seek an order of protection, receive counseling, participate in couples' counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.); procedures or policies that fail to ensure service providers conduct safety planning with victims; project design and budgets that fail to account for the access needs of participants with disabilities and participants who have limited English proficiency or are Deaf or hard of hearing; or any other activities outlined in the solicitation under which the approved application was submitted. Page 17 of 18 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2018 Federal Awards Applicable to Office of Justice Programs Grants and Cooperative Agreements E. Termination or suspension for cause DCJ or the Director of OVW, upon a finding that there has been substantial failure by the recipient to comply with applicable laws, regulations, and/or the terms and conditions of the award or relevant solicitation, will terminate or suspend until DCJ or the Director is satisfied that there is no longer such failure, all or part of the award, in accordance with the provisions of 28 C.F.R. Part 18, as applicable mutatis mutandis. Page 18 of 18 09/07/2018 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds 2019 FEDERAL REQUIREMENTS 1. APPLICABILITY 3 2. Recipient 3 3. Ensuring Compliance of Subgrantees (subrecipients) 3 4. General Conditions 3 A. Requirements of the award; remedies for non-compliance or for materially false statements 3 B. Applicability of Part 200 Uniform Requirements 4 C. Compliance with DOJ Grants Financial Guide 4 D. Reclassification of various statutory provisions to a new Title 34 of the United States Code 4 E. Requirements related to "de minimis" indirect cost rate 5 F. Requirement to report potentially duplicative funding 5 G. Requirements related to System for Award Management and Unique Entity Identifiers 5 H. Employment eligibility verification for hiring under the award — NEW 2019 6 1. Requirement to report actual or imminent breach of personally identifiable information (PII) 7 J. All subawards ("subgrants") and contracts must have DCJ authorization 7 K. Specific post -award approval required to use a noncompetitive approach in any procurement contract 7 L. Unreasonable restrictions on competition under the award; association with federal government — NEW 2019 8 M. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP or OVW authority to terminate award) 9 N. Determination of suitability to interact with participating minors —NEW 2019 9 O. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events 12 P. Requirement for data on performance and effectiveness under the award 12 Q. Training Guiding Principles 13 R. Effect of failure to address audit issues 13 S. Potential imposition of additional requirements 13 T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 13 U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 13 V. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 13 W. Restrictions on "lobbying" 14 X. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2019) 15 Y. Reporting potential fraud, waste, and abuse, and similar misconduct 16 Z. Restrictions and certifications regarding non -disclosure agreements and related matters 17 AA. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) 18 BB. Encouragement of policies to ban text messaging while driving 18 CC. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency — NEW 2019 18 DD. Right to examine documents 19 Page 1 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds EE. Maintaining contact information 19 FF. Required SAM and FAPIIS reporting 19 5. Financial Requirements 19 A. Non -supplanting of State and local funds 19 B. Awards in excess of $5,000,000 - Certification related to federal taxes 20 C. Misuse of award funds 20 D. Limitation on use of funds to approved activities 20 E. Consultant compensation rates 20 F. Employee compensation 20 6. Civil rights requirements associated with DOJ awards 20 A. Civil rights laws and nondiscrimination provisions 21 B. Providing Services to Limited English Proficiency (LEP) Individuals 21 C. Ensuring Equal Treatment for Faith -Based Organizations and Safeguarding Constitutional Protections Related to Religion 22 D. Ensuring Access to Federally Assisted Programs 22 E. Enforcing Civil Rights Laws 23 F. Using Arrest and Conviction Records in Making Employment Decisions 23 G. Complying with the Safe Streets Act 23 H. Meeting the EEOP Requirement 23 I. Meeting the Requirement to Submit Findings of Discrimination 24 J. Ensuring the Compliance of Subrecipients/Subgrantees 24 K. Certification 24 7. Recipients of OVW grant dollars ONLY 24 A. Availability of general terms and conditions on OVW website 24 B. Compliance with statutory and regulatory requirements 24 C. VAWA 2013 nondiscrimination condition 24 D. Confidentiality and information sharing 25 E. Activities that compromise victim safety and recovery and undermine offender accountability 25 F. Termination or suspension for cause 25 Page 2 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds 1. APPLICABILITY The Division of Criminal Justice (DCJ) issues federal grants from two Department of Justice (DOJ) offices: the Office of Justice Programs (OJP) and the Office on Violence Against Women (OVW). All awards conditions set out below apply to all both OJP and OVW funded grants, with the exception of the conditions labelled as: "Recipients of OVW grant dollars only" which only apply to OVW funded awards. References to the DOJ apply to both OJP and OVW funded grants. Individual awards will also include additional special conditions. Those additional conditions may relate to the particular statute, program, or solicitation under which the award is made; to the substance of the funded application; to the subrecipient's performance under other federal awards; to the subrecipient's legal status (e.g., as a for-profit entity); or to other pertinent considerations. 2. RECIPIENT For the purposes of this document, the term "recipient" refers to the Legal Entity Name listed on the Division of Criminal Justice (DCJ) Grant Award Document issued to a grantee receiving federal grants funds from DCJ. 3. ENSURING COMPLIANCE OF SUBGRANTEES (SUBRECIPIENTS) Grantee is responsible for notifying any subgrantee (subrecipient), issued under this grant, of all provisions herein. Grantee is responsible for monitoring any subgrantee (subrecipient) for compliance all the provisions herein. 4. GENERAL CONDITIONS A. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts all such assurances or certifications as if personally executed by the authorized recipient official. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in the Office of Justice Programs ("OJP"), the Office on Violence Against Women (OVW), or the Division of Criminal Justice (DCJ) taking appropriate action with respect to the recipient and the award. Among other things, the OJP, OVW, or DCJ may withhold award funds, disallow costs, or suspend or terminate the award. The U.S. Department of Justice ("DOJ"), including OJP and OVW, and/or DCJ also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), Page 3 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. B. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm, or the OVW website at https://www.justice.gov/ovw/grantees. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final financial report (DCJ Form 1-A), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by DOJ that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact DCJ promptly for clarification. C. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. D. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a Page 4 of25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. E. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements F. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify DCJ in writing of the potential duplication, and, if so requested by DCJ, must seek a budget -modification and change -of -project to eliminate any inappropriate duplication of funding. G. Requirements related to System for Award Management and Unique Entity Identifiers The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/SAM/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm and OVW's website https://www.justice.gov/ovw/grantees (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Page 5 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds H. Employment eligibility verification for hiring under the award — NEW 2019 1. The recipient (and any subrecipient at any tier) must — a. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). b. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both — (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. c. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). d. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction a. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. b. Employment eligibility confirmation with E -Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E -Verify (www.everify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify (and follows the proper E -Verify procedures, including in the event of a "Tentative Page 6 of 25 I I/06/20I9 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. c. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. d. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. e. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(l) and (2). Questions about E -Verify should be directed to DHS. For more information about E -Verify visit the E -Verify website (https://www.e-verify.gov/) or email E -Verify at E- Verify@dhs.gov. E -Verify employer agents can email E -Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to DCJ, before award acceptance. I. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient)--(1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of a DOJ grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to DCJ no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. J. All subawards ("subgrants") and contracts must have DCJ authorization The recipient, and any subrecipient ("subgrantee") at any tier, must receive approval from DCJ prior to issuing a subaward or a procurement contract under this award. K. Specific post -award approval required to use a noncompetitive approach in any procurement contract The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract. This condition applies to agreements that -- for purposes of federal grants administrative requirements — OJP or OVW considers a procurement "contract" (and therefore does not consider a subaward). Page 7 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds L. Unreasonable restrictions on competition under the award; association with federal government — NEW 2019 SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1 No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient,at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction a. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or - subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. b. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. Page 8 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds M.Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP or OVW authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of grantees, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the grantee or of any subrecipient. The details of the grantee's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://oip.gov/funding/E..,xplore/ProhibitedConduct-Trafficking.htm or OVW web site at https://www.justice.gov/ovw/grantees (Award condition: Prohibited conduct by grantees and subrecipients related to trafficking in persons (including reporting requirements and OJP or OVW authority to terminate award)), and are incorporated by reference here. N. Determination of suitability to interact with participating minors — NEW 2019 SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ) (or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. 1. Advance determination regarding suitability. The recipient (and any subrecipient at any tier) may not permit any covered individual to interact with any participating minor in the course of activities under the award, unless the recipient or subrecipient first has made a written determination of the suitability of that individual to interact with participating minors, based on current and appropriate information as described in paragraph 3.e., and taking into account the factors and considerations described in paragraph 4. 2. Updates and reexaminations a. The recipient (or subrecipient) must, at least every five years, update the searches described in paragraph 3.e.l. and 2., reexamine the covered individual's suitability determination in light of those search results, and, if appropriate, modify or withdraw that determination. b. The recipient also must reexamine a covered individual's suitability determination upon learning of information that reasonably may suggest unsuitability and, if appropriate, modify or withdraw that determination. 3. Definitions a. "Covered individual" means any individual (other than a participating minor, as defined in this condition, or a client of the recipient (or subrecipient)) who is expected, or reasonably likely, to interact with any participating minor (other than the individual's own minor children). A covered individual need not have any Page 9 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds particular employment status or legal relationship with the recipient (or subrecipient). Such an individual might be an employee of a recipient (or subrecipient), but also might be (for example) a consultant, contractor, employee of a contractor, trainee, volunteer, or teacher. b. "Participating minor." All individuals under 18 years of age within the set of individuals described in the scope section of this condition as it appears on the award document are participating minors. c. "Interaction" includes physical contact, oral and written communication, and the transmission of images and sound, and may be in person or by electronic (or similar) means. But "interaction" does not include -- (1) brief contact that is both unexpected by the recipient (or subrecipient) and unintentional on the part of the covered individual -- such as might occur when a postal carrier delivers mail to an administrative office. (2) personally -accompanied contact -- that is, infrequent or occasional contact (for example, by someone who comes to make a presentation) in the presence of an accompanying adult, pursuant to written policies and procedures of the recipient (or subrecipient) that are designed to ensure that -- throughout the contact -- an appropriate adult who has been determined to be suitable pursuant to this condition will closely and personally accompany, and remain continuously within view and earshot of, the covered individual. d. "Activities under the award." Whether paid for with federal funds from the award, "matching" funds included in the approved budget for the award, or "program income" for the award as defined by the Part 200 Uniform Requirements, activities under the award include both -- (1) activities carried out under the award by the recipient (or subrecipient); and (2) actions taken by an entity or individual pursuant to a procurement contract under the award or to a procurement contract under a subaward at any tier. e. "Current and appropriate information" In addition to information resulting from checks or screening required by applicable federal, state, tribal, or local law, and/or by the recipient's (or subrecipient's) written policies and procedures, current and appropriate information includes the results of all required searches listed below, each of which must be completed no earlier than six months before the determination regarding suitability. (1) Public sex offender and child abuse websites/registries A search (by current name, and, if applicable, by previous name(s) or aliases), of the pertinent and reasonably- accessible federal, state, and (if applicable) local and tribal sex offender and child abuse websites/public registries, including -- (a) the Dru Sjodin National Sex Offender Public Website (www.nsopw.gov); Page 10 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds (b) the website/public registry for each state (and/or tribe, if applicable) in which the individual lives, works, or goes to school, or has lived, worked, or gone to school at any time during the past five years; and (c) the website/public registry for each state (and/or tribe, if applicable) in which the individual is expected to, or reasonably likely to, interact with a participating minor in the course of activities under the award. (2) Criminal history registries and similar repositories of criminal history records For each individual at least 18 years of age who is a covered individual under this FY 2019 award, a fingerprint search (or, if the recipient or subrecipient documents that a fingerprint search is not legally available, a name -based search, using current and, if applicable, previous names and aliases) -- encompassing at least the time period beginning five calendar years preceding the date of the search request -- of pertinent state (and, if applicable, local and tribal) criminal history registries or similar repositories, including -- (a) the criminal history registry for each state in which the individual lives, works, or goes to school, or has lived, worked, or gone to school at any time during the past five years; and (b) the criminal history registry for each state in which he or she is expected to, or reasonably likely to, interact with a participating minor in the course of activities under the award. 4. Factors and considerations in determinations regarding suitability In addition to the factors and considerations that must or may be considered under applicable federal, state, tribal, or local law, and under the recipient's (or subrecipient's) written policies and procedures, in making a determination regarding suitability, the recipient (or subrecipient) must consider the current and appropriate information described in paragraph 3.e. In particular (unless applicable law precludes it), with respect to either an initial determination of suitability or a subsequent reexamination, the recipient (or subrecipient) may not determine that a covered individual is suitable to interact with participating minors in the course of activities under the award if the covered individual -- a. Withholds consent to a criminal history search required by this condition; b. Knowingly makes (or made) a false statement that affects, or is intended to affect, any search required by this condition; c. Is listed as a registered sex offender on the Dru Sjodin National Sex Offender Public Website; d. To the knowledge of the recipient (or subrecipient), has been convicted -- whether as a felony or misdemeanor -- under federal, state, tribal, or local law of any of the following crimes (or any substantially equivalent criminal offense, regardless of the specific words by which it may be identified in law): Page 11 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds (1) sexual or physical abuse, neglect, or endangerment of an individual under the age of 18 at the time of the offense; (2) rape/sexual assault, including conspiracy to commit rape/sexual assault; (3) sexual exploitation, such as through child pornography or sex trafficking; (4) kidnapping; (5) voyeurism; or e. Is determined by a federal, state, tribal, or local government agency not to be suitable. 5. Administration; rule of construction a. The requirements of this condition are among those that must be included in any subaward (at any tier), and must be monitored. They apply as of the date of acceptance of this award, and throughout the remainder of the period of performance. b. The recipient is to contact the DOJ awarding agency with any questions regarding the requirements of this condition and must not allow a covered individual to interact with a participating minor until such questions are answered. c. Award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition, provided that such funds would not supplant non-federal funds that would otherwise be available for such costs. d. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal, state, tribal, or local law, including any applicable civil rights or nondiscrimination law. O. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Recipients of OVW grant dollars only: Additional information on the pertinent to this award appears on the OVW website at https://www.justice.gov/ovw/conference-planning. P. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to DCJ and/or DOJ in Page 12 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds the manner (including within the timeframes) specified by DCJ in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. Recipients of OVW grant dollars only: Under the Government Performance and Results Act (GPRA), VAWA 2000 and subsequent legislation grantees and subgrantees are required to collect the information that is included on the Measuring Effectiveness Progress Reports for the OVW Program under which this award is funded. Q. Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with DOJ award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/Train ingPrinciplesForGrantees-Subgrantees.htm , or the OVW Training Guiding Principles for Grantees and Subgrantees, available at https://www.justice.gov/ovw/grantees#Resourees. R. Effect of failure to address audit issues The recipient understands and agrees that the DCJ or the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DCJ or DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. S. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DCJ during the period of performance for this award, if the recipient is designated as "high -risk" for purposes of the DCJ high -risk grantee list. T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." V. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), Page 13 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.aov/cgi-bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. W.Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by DOJ may not be used by the grantee, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Recipients of OVW grant dollars only: The recipient, or any subrecipient ("subgrantee") may, however, use federal funds to collaborate with and provide information to federal, state, local, tribal and territorial public officials and agencies to develop and implement policies and develop and promote state, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking (as those terms are defined in 34 U.S.C. § 12291(a)) when such collaboration and provision of information is consistent with the activities otherwise authorized under this grant program. Another federal law generally prohibits federal funds awarded by DOJ from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact DCJ for guidance, and may not proceed without the express prior written approval of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate). Page 14 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds X. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2019) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2019, are set out below, and are incorporated by reference here. Background. The federal appropriations statutes that provide (among many other things) the funds that OJP awards in its grants and cooperative agreements include various restrictions on how the federal appropriated funds may be used. These restrictions, which often appear in sets of "General Provisions," typically do not relate to a particular program, or even to a particular agency such as OJP or OVW. Rather, they are wide-ranging, "cross- cutting" restrictions. OVW funded grants only: Pertinent restrictions, for each fiscal year, are set out at https://www.justice.gov/ovw/award-conditions (Award Condition: General appropriations - law restrictions on use of federal award funds), and are incorporated by reference here. These do not supersede any specific conditions in this award document. Award Condition: Each recipient of a DOJ award made with FY 2019 funds, and any subrecipient ("subgrantee") at any tier under a DOJ award made with FY 2019 funds, must comply with all applicable restrictions, as set out below. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact DCJ for guidance, and may not proceed without the express prior written approval of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate). 1. Restrictions applicable to all federal funds awarded with FY 2019 funds a. Publicity or propaganda. Federal funds are not legally available, and may not be used (whether directly or indirectly, including by private contractors), for publicity or propaganda purposes not authorized by the Congress. b. Certain employee trainings. Federal funds are not legally available, and may not be used, for any employee training that -- (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end -of -course evaluation; (4) contains any methods or content associated with religious or quasi -religious belief systems or "new age" belief systems as defined in Equal Employment Opportunity Commission Notice N-915.022, dated September 2, 1988; or (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. Page 15 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds Nothing in this provision prohibits, restricts, or otherwise precludes an agency from conducting training bearing directly upon the performance of official duties. c. Nondisclosure policies, forms, and agreements. (1) General rule - Federal funds are not legally available, and may not be used, to implement or enforce any nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain the following provisions: " These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing [federal] statute or Executive order relating to: (1) classified information; (2) communications to Congress; (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and [federal] statutory provisions are incorporated into this agreement and are controlling." Notwithstanding the above provision, a nondisclosure policy, form, or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence -related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar disclosures to Congress, or to an authorized official of an executive agency or the United States Department of Justice, that are essential to reporting a substantial violation of law. (2) Certain exceptions. Under certain circumstances, a nondisclosure agreement that does not contain the provisions set out in subsection (a) above nevertheless may continue to be implemented and enforced. Should a question arise as to whether an exception to the general rule set out in subsection (a) may be available for a particular nondisclosure agreement, the recipient is to contact OJP for guidance, and the recipient may not use federal funds to implement, continue to implement, or enforce the nondisclosure agreement without the express prior written approval of OJP. d. ACORN and related organizations. Absent express prior written approval from OJP, federal funds may not be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, allied organizations, or successors. Y. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection Page 16 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by --(1) online submission accessible via the OIG webpage at https://oigjustice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG websiteat https://oig.justice.gov/hotline. Z. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient — a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), Page 17 of 25 11/06/2019 DocuSign Envelope ID: 9808F673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. AA. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the grantee is to contact the DCJ or DOJ awarding agency (OJP or OVW, as appropriate) for guidance. BB. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. CC. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency — NEW 2019 If the recipient is designated "high risk" by a federal grant -making agency, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to DCJ. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides Page 18 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency DD. Right to examine documents The grantee, and any subrecipient ("subgrantee") at any tier, must authorize the DCJ or DOJ awarding agency (OJP or OVW, as appropriate) and/or the Office of the Chief Financial Officer (OCFO), and its representatives, access to and the right to examine all records, books, paper, or documents related to this grant. EE. Maintaining contact information The grantee acknowledges that it is responsible for maintaining updated contact information in the Grants Management System (GMS). To update information in GMS for either the point of contact and/or the authorized representative, the grantee must submit a Change in Project Officials (DCJ Form 4-B). FF. Required SAM and FAPIIS reporting The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this DOJ award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of DOJ awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to FAPIIS within SAM are posted on the OVW web site at: https://www.justice.gov/ovw/grantees#award- conditions (Award Condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. 5. FINANCIAL REQUIREMENTS A. Non -supplanting of State and local funds Supplanting arises when a State or unit of local government reduces State or local funds for an activity specifically because federal funds are available (or are expected to be available) to fund that same activity. Federal funds must be used to supplement existing State or local funds for program activities, and may not replace (that is, may not "supplant") State or local funds that have been appropriated or allocated for the same purpose. Additionally, federal funding may not replace State or local funding that is required by law. When supplanting is prohibited, potential supplanting will be the subject of DCJ monitoring and audit. Should a question of supplanting arise, the grantee will be required Page 19 of 25 11/06/2019 DocuSign Envelope ID: 9B08F673-72AC-410C-8E0D-763500A366A0 Federal Awards issued from 2019 Federal Grant Funds to substantiate that any reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. B. Awards in excess of $5,000,000 - Certification related to federal taxes A recipient of an award in excess of $5,000,000 may be required to submit a particular certification concerning filing of federal tax returns, criminal convictions under the Internal Revenue Code, and unpaid federal tax assessments. In such cases, no award funds may be used until DCJ receives a satisfactory certification. C. Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. D. Limitation on use of funds to approved activities The recipient agrees that grant funds will be used only for the purposes described in this award. The grantee must not undertake any work or activities that are not described in this award, and must not use staff, equipment, or other goods or services paid for with grant funds for such work or activities, without prior written approval from DCJ. E. Consultant compensation rates The recipient acknowledges that consultants paid with award funds generally may not be paid at a rate in excess of $81.25 per hour, not to exceed $650 per day. To exceed this specified maximum rate, recipients must submit to DCJ a detailed justification and have such justification approved by DCJ, prior to obligation or expenditure of such funds. Issuance of this award or approval of the award budget alone does not indicate approval of any consultant rate in excess of $81.25 per hour, not to exceed $650 per day. Although prior approval is not required for consultant rates below this specified maximum rate, recipients are required to maintain documentation to support all daily or hourly consultant rates. F. Employee compensation With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 6. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH DOJ AWARDS The Grantee hereby agrees that it will comply, and all of its subrecipients ("subgrantees") will comply, with the applicable provisions of: Page 20 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds A. Civil rights laws and nondiscrimination provisions States and units of local government, public and nonprofit institutions of higher education, nonprofit organizations, for-profit businesses, and other recipients of DOJ grants may be subject to various federal civil rights laws for reasons other than their receipt of DOJ funds. Some examples include federal civil rights laws related to discrimination on the basis of race, color, national origin, sex, religion, or disability. Because a DOJ award is a form of "federal financial assistance," the recipients of a DOJ award (and any "subrecipient" at any tier) must comply with additional civil -rights -related requirements above and beyond those that otherwise would apply. In general, these additional requirements fall into one of two categories: 1. Civil rights laws (sometimes referred to as "cross -cutting" federal civil rights statutes). These apply to essentially any entity that receives an award of federal financial assistance -- regardless of which federal agency awards the grant or cooperative agreement -- and encompass the "program or activity" funded in whole or in part with the federal financial assistance. 2. Nondiscrimination provisions. These are requirements or restrictions that apply to certain OJP or OVW awards -- in addition to the civil rights laws -- because they are set out in a statute that applies specifically to one or more particular OJP or OVW grant programs, or to OJP or OVW awards made under a particular legal authority. Much like the civil rights laws, these provisions apply variously to the programs, activity, or undertaking funded in whole or in part by OJP or OVW, and are described herein. a. Such nondiscrimination provisions apply to some, but not all, OJP or OVW grant programs. b. The nondiscrimination provisions that apply to an OJP or OVW award (above and beyond the requirements in "cross -cutting" civil rights laws) may vary from award to award, even for awards made during the same fiscal year. c. Typically, no more than one of these nondiscrimination provisions will apply to any particular OJP or OVW award. General information on the civil rights laws that apply to every OJP or OVW award, and on the nondiscrimination provisions that apply to some OJP or OVW awards, is available at https://ojp.gov/about/ocr/statutes.htm NOTE: As discussed in more detail below, if a civil rights law or nondiscrimination provision prohibits discrimination in employment on the basis of religion, the prohibition is read together with the provisions of the Religious Freedom Restoration Act of 1993. B. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Page 21 of 25 11/06/2019 DocuSign Envelope ID: 980BF673-72AC-410C-8E0O-763500A366AD Federal Awards issued from 2019 Federal Grant Funds Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website https://www.lep.gov. C. Ensuring Equal Treatment for Faith -Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Faith -Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016, prohibits all grantee organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of worship, or faith -based organizations, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non -funded explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by the DOJ, and grantees cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. Funded faith -based organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded faith -based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation, please see the OCR's website at https://ojp.gov/about/ocr/partnerships.htm. SAAs and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as amended, 34 U.S.C. § 12291(b)(13), contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case - by -case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. D. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual Page 22 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at https://ojp.gov/about/ocr/vawafaqs.htm. E. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. F. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). G. Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). H. Meeting the EEOP Requirement An EEOP is a comprehensive document that analyzes a grantee's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in all levels of a grantee's workforce. As a grantee of DOJ funding, you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more information on whether your organization is subject to the EEOP requirements, see https://ojp.gov/about/ocr/eeop.htm. Additionally, Page 23 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at EEOPforms@usdoj.gov. I. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. J. Ensuring the Compliance of Subrecipients/Subgrantees SAAs (DCJ) must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. K. Certification Each grantee by accepting this award, certifies that it will comply (and it will require any subrecipient at any tier to comply) with applicable civil rights laws and nondiscrimination provisions. An additional DCJ Form 30, will be required prior to the disbursement of any funds. 7. RECIPIENTS OF OVW GRANT DOLLARS ONLY A. Availability of general terms and conditions on OVW website The recipient agrees to follow the applicable set of general terms and conditions that are available at https://www.justice.gov/ovw/grantees#award-conditions. These do not supersede any specific conditions in this award document. B. Compliance with statutory and regulatory requirements The grantee agrees to comply with all relevant statutory and regulatory requirements, which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of 2013, P.L. 113-4, the Omnibus Crime Control and Safe Streets Act of 1968, 34 U.S.C. §§ 10101 et seq., and OVW's implementing regulations at 28 C.F.R. Part 90. C. VAWA 2013 nondiscrimination condition The recipient acknowledges that 34 U.S.C. § 12291(b)(13) prohibits recipients of OVW awards from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by OVW. The recipient agrees that it will comply with this provision. The recipient also agrees to ensure that any subrecipients ("subgrantees") at any tier will comply with this provision. Page 24 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410O-8E0D-763500A366AD Federal Awards issued from 2019 Federal Grant Funds D. Confidentiality and information sharing The grantee agrees to comply with the provisions of 34 U.S.C. § 12291(b)(2), nondisclosure of confidential or private information, which includes creating and maintaining documentation of compliance, such as policies and procedures for release of victim information. The grantee also agrees to ensure that all subrecipients ("subgrantees") at any tier meet these requirements. E. Activities that compromise victim safety and recovery and undermine offender accountability The recipient agrees that grant funds will not support activities that compromise victim safety and recovery or undermine offender accountability, such as: procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or sex of their children; procedures or policies that compromise the confidentiality of information and privacy of persons receiving OVW-funded services; procedures or policies that impose requirements on victims in order to receive services (e.g., seek an order of protection, receive counseling, participate in couples' counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.); procedures or policies that fail to ensure service providers conduct safety planning with victims; project design and budgets that fail to account for the access needs of participants with disabilities and participants who have limited English proficiency or are Deaf or hard of hearing; or any other activities outlined in the solicitation under which the approved application was submitted.. F. Termination or suspension for cause DCJ or the Director of OVW, upon a finding that there has been substantial failure by the recipient to comply with applicable laws, regulations, and/or the terms and conditions of the award or relevant solicitation, will terminate or suspend until DCJ or the Director is satisfied that there is no longer such failure, all or part of the award, in accordance with the provisions of 28 C.F.R. Part 18, as applicable mutatis mutandis. Page 25 of 25 11/06/2019 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds 2020 FEDERAL REQUIREMENTS 1. Applicability 3 2. Recipient 3 3. Ensuring Compliance of Subgrantees (subrecipients) 3 4. General Conditions 3 A. Requirements of the award; incorporation by reference; remedies for non-compliance or for materially false statements 3 B. Applicability of Part 200 Uniform Requirements 4 C. Compliance with DOJ Grants Financial Guide 4 D. Reclassification of various statutory provisions to a new Title 34 of the United States Code 4 E. Requirements related to "de minimis" indirect cost rate 5 F. Requirement to report potentially duplicative funding 5 G. Requirements related to System for Award Management and Universal Identifier Requirements/Unique Entity Identifiers 5 H. Employment eligibility verification for hiring under the award 5 I. Requirement to report actual or imminent breach of personally identifiable information (PII) 7 J. All subawards ("subgrants") and contracts must have DCJ authorization 7 K. Specific post -award approval required to use a noncompetitive approach in any procurement contract 7 L. Unreasonable restrictions on competition under the award; association with federal government 7 M. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP or OVW authority to terminate award) 8 N. Determination of suitability to interact with participating minors 11 O. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events 15 P. Requirement for data on performance and effectiveness under the award 15 Q. Training Guiding Principles 15 R. Effect of failure to address audit issues 15 S. Potential imposition of additional requirements 16 T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 16 U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 16 V. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 16 W. Restrictions on "lobbying" and policy development 16 X. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2020) 17 Y. Reporting potential fraud, waste, and abuse, and similar misconduct 20 Z. Restrictions and certifications regarding non -disclosure agreements and related matters 20 AA. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) 21 BB. Encouragement of policies to ban text messaging while driving 22 CC. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency 22 DD. Right to examine documents 22 Page 1 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds EE. Maintaining contact information 22 FF. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS 22 5. Financial Requirements 23 A. Non -supplanting of State and local funds 23 B. Awards in excess of $5,000,000 - Certification related to federal taxes 23 C. Misuse of award funds 23 D. Limitation on use of funds to approved activities 23 E. Consultant compensation rates 23 F. Employee compensation 74 6. Civil rights requirements associated with DOJ awards 24 A. Civil rights laws and nondiscrimination provisions 24 B. Civil rights compliance: Access to services and benefits by individuals with limited English proficiency 25 C. Complying with the Safe Streets Act 26 D. Meeting the EEOP Requirement 26 E. Ensuring the Compliance of Subrecipients/Subgrantees 26 F. Certification 26 7. Recipients of OVW grant dollars ONLY 26 A. Availability of general terms and conditions on OVW website 26 B. Compliance with statutory and regulatory requirements 26 C. VAWA 2013 nondiscrimination condition 27 D. Confidentiality and information sharing 27 E. Activities that compromise victim safety and recovery and undermine offender accountability 27 F. Policy for response to workplace -related incidents of sexual misconduct, domestic violence, and dating violence —NEW 2020 27 G. Termination or suspension for cause 28 Page 2 of 28 10/21/2020 DocuSign Envelope ID: 9B06F673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds 1. APPLICABILITY The Division of Criminal Justice (DCJ) issues federal grants from two Department of Justice (DOJ) offices: the Office of Justice Programs (OJP) and the Office on Violence Against Women (OVW). All awards conditions set out below apply to both OJP and OVW funded grants, with the exception of the conditions labelled as: "Recipients of OVW grant dollars only" which only apply to OVW funded awards. References to the DOJ apply to both OJP and OVW funded grants. Individual awards will also include special conditions. Those additional conditions may relate to the particular statute, program, or solicitation under which the award is made; to the substance of the funded application; to the subrecipient's performance under other federal awards; to the subrecipient's legal status (e.g., as a for-profit entity); or to other pertinent considerations. 2. RECIPIENT For the purposes of this document, the term "recipient" refers to the Legal Entity Name listed on the Division of Criminal Justice (DCJ) Grant Award Document issued to a grantee receiving federal grants funds from DCJ. The term Recipient and Grantee are used interchangeable within this Exhibit. 3. ENSURING COMPLIANCE OF SUBGRANTEES (SUBRECIPIENTS) Grantee is responsible for notifying any subgrantee (subrecipient), issued under this grant, of all provisions herein. Grantee is responsible for monitoring any subgrantee (subrecipient) for compliance all the provisions herein. 4. GENERAL CONDITIONS A. Requirements of the award; 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. 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 a certification or assurance related to conduct during the award period -- may result in the Division of Criminal Justice (DCJ) and/or Office of Justice Programs ("OJP") or Office on Violence Against Women ("OVW") taking appropriate action with respect to the recipient and the award. Among other things, the DCJ and/or Department of Justice "DOJ" may withhold award funds, disallow costs, or suspend or terminate the award. DCJ and DOJ, including OJP, 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 Page 3 of 28 10/21/2020 DocuSign Envelope ID: 8B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or - unenforceable, such provision shall be deemed severable from this award. B. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award. For more information and resources on the Part 200 Uniform Requirements as they relate to DOJ awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200OniformRequirements.htm. 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. Agency review: The Grantee also agrees that all financial records pertinent to this award, including the general accounting ledger and all supporting documents, are subject to agency review throughout the life of the award, during the close-out process, and for three years after submission of the final Financial Report (DCJ Form 1A) or as long as the records are retained, whichever is longer, pursuant to 2 C.F.R. 200.333, 200.336. In the event that an award -related question arises from documents or other materials prepared or distributed by DOJ that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact DCJ promptly for clarification. C. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the current edition of the DOJ Grants Financial Guide as posted on the OVW website, including any updated version that may be posted during the period of performance. 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. D. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to DOJ awards (that is, DOJ grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a Page 4 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. E. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements F. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify DCJ in writing of the potential duplication, and, if so requested by DCJ, must seek a budget -modification and change -of -project to eliminate any inappropriate duplication of funding. G. Requirements related to System for Award Management and Universal Identifier Requirements/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. DCJ must comply with applicable restrictions on subawards Grantees, 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 DCJ'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). H. 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 Page 5 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). b. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both — (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. c. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). d. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction a. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. b. Employment eligibility confirmation with E -Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E -Verify (www.everify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify (and follows the proper E -Verify procedures, including in the event of a "Tentative 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. Page 6 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds c. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of. the Northern Mariana Islands. d. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. e. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E -Verify should be directed to DHS. For more information about E -Verify visit the E -Verify website (https://www.e-verify.gov/) or email E -Verify at E- Verify@dhs.gov. E -Verify employer agents can email E -Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to DCJ, before award acceptance. I. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient)--(1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of a DOJ grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to DCJ no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. J. All subawards ("subgrants") and contracts must have DCJ authorization The recipient, and any subrecipient ("subgrantee") at any tier, must receive approval from DCJ prior to issuing a subaward or a procurement contract under this award. K. Specific post -award approval required to use a noncompetitive approach in any procurement contract The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract. This condition applies to agreements that -- for purposes of federal grants administrative requirements — OJP or OVW considers a procurement "contract" (and therefore does not consider a subaward). L. 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, Page 7 of 28 10/21/2020 DocuSign Envelope ID: 9808F673-72AC-410C-8EOD-763500A366AD Federal Awards issued from 2020 Federal Grant Funds the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient,at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction a. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or - subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. b. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. M.Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP or OVW authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, Page 8 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds 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 or OVW, 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 or OVW 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 1.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 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. Page 9 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds 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 OVW or 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 or OVW 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. Page 10 of 28 10/2112020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds b. OJP or OVW'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 or OVW 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). N. 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. Page 11 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-SE0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. 1. Advance determination regarding suitability. The recipient (and any subrecipient at any tier) may not permit any covered individual to interact with any participating minor in the course of activities under the award, unless the recipient or subrecipient first has made a written determination of the suitability of that individual to interact with participating minors, based on current and appropriate information as described in paragraph 3.e., and taking into account the factors and considerations described in paragraph 4. 2. Updates and reexaminations a. The recipient (or subrecipient) must, at least every five years, update the searches described in paragraph 3.e.l. 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 Page 12 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds will closely and personally accompany, and remain continuously within view and earshot of, the covered individual. d. "Activities under the award." Whether paid for with federal funds from the award, "matching" funds included in the approved budget for the award, or "program income" for the award as defined by the Part 200 Uniform Requirements, activities under the award include both -- (1) activities carried out under the award by the recipient (or subrecipient); and (2) actions taken by an entity or individual pursuant to a procurement contract under the award or to a procurement contract under a subaward at any tier. e. "Current and appropriate information" In addition to information resulting from checks or screening required by applicable federal, state, tribal, or local law, and/or by the recipient's (or subrecipient's) written policies and procedures, current and appropriate information includes the results of all required searches listed below, each of which must be completed no earlier than six months before the determination regarding suitability. (I) 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 Page 13 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds (b) the criminal history registry for each state in which he or she is expected to, or reasonably likely to, interact with a participating minor in the course of activities under the award. 4. Factors and considerations in determinations regarding suitability In addition to the factors and considerations that must or may be considered under applicable federal, state, tribal, or local law, and under the recipient's (or subrecipient's) written policies and procedures, in making a determination regarding suitability, the recipient (or subrecipient) must consider the current and appropriate information described in paragraph 3.e. In particular (unless applicable law precludes it), with respect to either an initial determination of suitability or a subsequent reexamination, the recipient (or subrecipient) may not determine that a covered individual is suitable to interact with participating minors in the course of activities under the award if the covered individual -- a. Withholds consent to a criminal history search required by this condition; b. Knowingly makes (or made) a false statement that affects, or is intended to affect, any search required by this condition; c. Is listed as a registered sex offender on the Dru Sjodin National Sex Offender Public Website; d. To the knowledge of the recipient (or subrecipient), has been convicted -- whether as a felony or misdemeanor -- under federal, state, tribal, or local law of any of the following crimes (or any substantially equivalent criminal offense, regardless of the specific words by which it may be identified in law): (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. Page 14 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds c. Award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition, provided that such funds would not supplant non-federal funds that would otherwise be available for such costs. d. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal, state, tribal, or local law, including any applicable civil rights or nondiscrimination law. O. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Recipients of OVW grant dollars only: Additional information on the pertinent to this award appears on the OVW website at https://www.justice.gov/ovw/conference-planning. P. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to DO 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. Q. Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with DOJ award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/finding/Implement/'I'rainingPrinciplesForGrantees-Subgrantees.htm , or the OVW Training Guiding Principles for Grantees and Subgrantees, available at https://www. justice.gov/ovw/resources-and-faqs-grantees#Discretionary. R. Effect of failure to address audit issues The recipient understands and agrees that the DCJ or the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DCJ or DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. Page 15 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds S. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DCJ during the period of performance for this award, if the recipient is designated as "high -risk" for purposes of the DCJ high -risk grantee list. T. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. U. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." V. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. W.Restrictions on "lobbying" and policy development In general, as a matter of federal law, federal funds awarded by DOJ may not be used by the grantee, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Recipients of OVW grant dollars only: The recipient, or any subrecipient ("subgrantee") may, however, use federal funds to collaborate with and provide information to federal, state, local, tribal and territorial Page 16 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds public officials and agencies to develop and implement policies and develop and promote state, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking (as those terms are defined in 34 U.S.C. § 12291(a)) when such collaboration and provision of information is consistent with the activities otherwise authorized under this grant program. Another federal law generally prohibits federal funds awarded by DOJ from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact DCJ for guidance, and may not proceed without the express prior written approval of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate). X. 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, 2020, are set out below, and are incorporated by reference here. Background. The federal appropriations statutes that provide (among many other things) the funds that OJP awards in its grants and cooperative agreements include various restrictions on how the federal appropriated funds may be used. These restrictions, which often appear in sets of "General Provisions," typically do not relate to a particular program, or even to a particular agency such as OJP or OVW. Rather, they are wide-ranging, "cross- cutting" restrictions. 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 recipient is to contact DCJ for guidance, and may not proceed without the express prior written approval of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate). Page 17 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds 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 Page 18 of 28 10/21/2020 DocuSign Envelope ID: 980BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds bar disclosures to Congress, or to an authorized official of an executive agency or the United States Department of Justice, that are essential to reporting a substantial violation of law. (2) Certain exceptions. Under certaincircumstances, 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. 2. Restrictions applicable only to certain federal funds under DOJ awards made in FY 2020 a. Nondiscrimination in programs involving students. Funds appropriated under the Department of Justice Appropriations Act, 2019, and awarded by OJP are not legally available, and may not be used, to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or those of their parents or legal guardians. b. Blocking of pornography on computer networks. Funds appropriated under the Department of Justice Appropriations Act, 2019, and awarded by OJP are not legally available, and may not be used, to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. Nothing in this provision limits the use of funds necessary for any federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication, or other law enforcement- or victim assistance -related activity. (This provision also applies to any DOJ award of other funds appropriated under the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2019.) 3. Award or incentive fees to contractors. Funds appropriated under the Department of Justice Appropriations Act, 2019, and awarded by OJP are not legally available, and may not be used, to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements of a contract. (This restriction also applies to any OJP award of other funds appropriated under the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2019.) 4. Use of funds in connection with abortion. Funds appropriated under the Department of Justice Appropriations Act, 2019, and awarded by OJP are not legally available, and Page 19 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds may not be used-- (1) to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest; or (2) to require any person to perform, or facilitate in any way the performance of, any abortion. 5. "Pay -to -stay" at local jails. Funds appropriated to the Department of Justice through an annual appropriations statute and awarded by OJP are not legally available to, and may not be provided to, any local jail that runs a "pay -to -stay" program. (Monies in the Crime Victims Fund are not appropriated through an annual appropriations statute.) Y. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient and any subrecipients ("subgrantees") 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: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. Z. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or Page 20 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds 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. AA. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the grantee is to contact the DCJ for guidance. Page 21 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds BB. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. CC. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency 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 DD. Right to examine documents The grantee, and any subrecipient ("subgrantee") at any tier, must authorize the DCJ or DOJ awarding agency (OJP or OVW, as appropriate) and/or the Office of the Chief Financial Officer (OCFO), and its representatives, access to and the right to examine all records, books, paper, or documents related to this grant. EE. Maintaining contact information The grantee acknowledges that it is responsible for maintaining updated contact information in the Grants Management System (GMS). To update information in GMS for either the point of contact and/or the authorized representative, the grantee must submit a Change in Project Officials (DCJ Form 4-B). FF. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS 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 the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm and OVW web site at: Page 22 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds https://www.justice.gov/ovw/ award -conditions (Award Condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. 5. FINANCIAL REQUIREMENTS A. Non -supplanting of State and local funds Supplanting arises when a 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. 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. B. Awards in excess of $5,000,000 - Certification related to federal taxes A recipient of an award in excess of $5,000,000 may be required to submit a particular certification concerning filing of federal tax returns, criminal convictions under the Internal Revenue Code, and unpaid federal tax assessments. In such cases, no award funds may be used until DCJ receives a satisfactory certification. C. Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. D. Limitation on use of funds to approved activities The recipient agrees that grant funds will be used only for the purposes described in this award. The grantee must not undertake any work or activities that are not described in this award, and must not use staff, equipment, or other goods or services paid for with grant funds for such work or activities, without prior written approval from DCJ. E. Consultant compensation rates The recipient acknowledges that consultants paid with award funds generally may not be paid at a rate in excess of $81.25 per hour, not to exceed $650 per day. To exceed this specified maximum rate, recipients must submit to DCJ a detailed justification and have such justification approved by DCJ, prior to obligation or expenditure of such funds. Issuance of this award or approval of the award budget alone does not indicate approval of any consultant rate in excess of $81.25 per hour, not to exceed $650 per day. Although prior approval is not required for consultant rates below this specified maximum rate, recipients are required to maintain documentation to support all daily or hourly consultant rates. Page 23 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds F. Employee compensation With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 6. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH DOJ AWARDS The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, and the Office on Violence Against Women (OVW) are 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 and other DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm Under the delegation of authority, the 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. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. The Grantee hereby agrees that it will comply, and all of its subrecipients ("subgrantees") will comply, with the applicable provisions of: A. Civil rights laws and nondiscrimination provisions States and units of local government, public and nonprofit institutions of higher education, nonprofit organizations, for-profit businesses, and other recipients of DOJ grants may be subject to various federal civil rights laws for reasons other than their receipt of DOJ Page 24 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AO Federal Awards issued from 2020 Federal Grant Funds funds. Some examples include federal civil rights laws related to discrimination on the basis of race, color, national origin, sex, religion, or disability. Because a DOJ award is a form of "federal financial assistance," the recipients of a DOJ award (and any "subrecipient" at any tier) must comply with additional civil -rights -related requirements above and beyond those that otherwise would apply. In general, these additional requirements fall into one of two categories: 1. Civil rights laws (sometimes referred to as "cross -cutting" federal civil rights statutes). These apply to essentially any entity that receives an award of federal financial assistance -- regardless of which federal agency awards the grant or cooperative agreement -- and encompass the "program or activity" funded in whole or in part with the federal financial assistance. 2. Nondiscrimination provisions. These are requirements or restrictions that apply to certain OJP or OVW awards -- in addition to the civil rights laws -- because they are set out in a statute that applies specifically to one or more particular OJP or OVW grant programs, or to OJP or OVW awards made under a particular legal authority. Much like the civil rights laws, these provisions apply variously to the programs, activity, or undertaking funded in whole or in part by OJP or OVW, and are described herein. a. Such nondiscrimination provisions apply to some, but not all, OJP or OVW grant programs. b. The nondiscrimination provisions that apply to an OJP or OVW award (above and beyond the requirements in "cross -cutting" civil rights laws) may vary from award to award, even for awards made during the same fiscal year. c. Typically, no more than one of these nondiscrimination provisions will apply to any particular OJP or OVW award. General information on the civil rights laws that apply to every OJP or OVW award, and on the nondiscrimination provisions that apply to some OJP or OVW awards, is available at https://ojp.gov/about/ocr/statutes-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. B. 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-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. Page 25 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds C. Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). D. Meeting the EEOP Requirement An EEOP is a comprehensive document that analyzes a grantee's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in all levels of a grantee's workforce. As a grantee of DOJ funding, you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more information on whether your organization is subject to the EEOP requirements, see https://ojp.gov/about/ocr/eeop.htm. Additionally, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at EEOPforms@usdoj.gov. E. Ensuring the Compliance of Subrecipients/Subgrantees SAAs (DCJ) must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. F. Certification Each grantee by accepting this award, certifies that it will comply (and it will require any subrecipient at any tier to comply) with applicable civil rights laws and nondiscrimination provisions. An additional DCJ Form 30, will be required prior to the disbursement of any funds. 7. RECIPIENTS OF OVW GRANT DOLLARS ONLY A. Availability of general terms and conditions on OVW website The recipient agrees to follow the applicable set of general terms and conditions that are available at https://www.justice.gov/ovw/grantees#award-conditions. These do not supersede any specific conditions in this award document. B. Compliance with statutory and regulatory requirements The grantee agrees to comply with all relevant statutory and regulatory requirements, which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the Violence Against Women Reauthorization Act of 2013, P.L. 113-4, the Omnibus Crime Control and Safe Streets Act of 1968, 34 U.S.C. §§ 10101 et seq., and OVW's implementing regulations at 28 C.F.R. Part 90. Page 26 of 28 10/21/2020 DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds C. VAWA 2013 nondiscrimination condition The recipient acknowledges that 34 U.S.C. § 12291(b)(13) prohibits recipients of OVW awards from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by OVW. The recipient agrees that it will comply with this provision. The recipient also agrees to ensure that any subrecipients ("subgrantees") at any tier will comply with this provision. D. Confidentiality and information sharing The grantee agrees to comply with the provisions of 34 U.S.C. § 12291(b)(2), nondisclosure of confidential or private information, which includes creating and maintaining documentation of compliance, such as policies and procedures for release of victim information. The recipient also agrees to comply with the regulations implementing this provision at 28 CFR 90.4(b) and "Frequently Asked Questions (FAQs) on the VAWA Confidentiality Provision (34 U.S.C. § 12291(b)(2))" on the OVW website at https://www.justice.gov/ovw/resources-and-faqs-grantees. The grantee also agrees to ensure that all subrecipients ("subgrantees") at any tier meet these requirements. E. Activities that compromise victim safety and recovery and undermine offender accountability The recipient agrees that grant funds will not support activities that compromise victim safety and recovery or undermine offender accountability, such as: procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or sex of their children; procedures or policies that compromise the confidentiality of information and privacy of persons receiving OVW-funded services; procedures or policies that impose requirements on victims in order to receive services (e.g., seek an order of protection, receive counseling, participate in couples' counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.); procedures or policies that fail to ensure service providers conduct safety planning with victims; project design and budgets that fail to account for the access needs of participants with disabilities and participants who have limited English proficiency or are Deaf or hard of hearing; or any other activities outlined in the solicitation under which the approved application was submitted.. F. Policy for response to workplace -related incidents of sexual misconduct, domestic violence, and dating violence — NEW 2020 The recipient, and any subrecipient at any tier, must have a policy, or issue a policy within 270 days of the award date, to address workplace -related incidents of sexual misconduct, domestic violence, and dating violence involving an employee, volunteer, consultant, or contractor. The details of this requirement are posted on the OVW web site at https://www.justice.gov/ovw/award-conditions (Award Condition: Policy for response to workplace -related sexual misconduct, domestic violence, and dating violence), and are incorporated by reference here. Page 27 of 28 10/21/2020 DocuSign Envelope ID: 980BF673-72AC-410C-8E0D-763500A366AD Federal Awards issued from 2020 Federal Grant Funds G. Termination or suspension for cause DCJ or the Director of OVW, upon a finding that there has been substantial failure by the recipient to comply with applicable laws, regulations, and/or the terms and conditions of the award or relevant solicitation, will terminate or suspend until DCJ or the Director is satisfied that there is no longer such failure, all or part of the award, in accordance with the provisions of 28 C.F.R. Part 18, as applicable mutatis mutandis. Page 28 of 28 10/21/2020 DocuSign Envelope ID: 9B08F673-72AC-410C-8E0D-763500A366AD COLORADO DIVISION OF CRIMINAL JUSTICE CERTIFICATION OF COMPLIANCE WITH REGULATIONS OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF JUSTICE (DCJ FORM 30) INSTRUCTIONS: Complete the table below with information found in the Grant Agreement. Read the form completely, identify the person responsible for reporting civil rights findings, certify that the required Civil Rights training has been completed by the Project Director; and check only one certification under "II" that applies to your agency. Have your Signature Authority sign at the bottom of page 2, forward a copy to the person identified as being responsible for reporting civil rights findings and return the original to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO 80215, within 45 days of the grant award beginning date. PROJECT DIRECTOR: JoAnn Hol den P HONE: Person responsible for reporting civil rights findings of discrimination: (Name, address, phone & email) I acknowledge that I viewed all of the trainings on Civil Rights available on DCJ's website at https://www.colorado.govipacific/dcj%civil-riauhts-requirements. I accept responsibility for ensuring that project staff understands their responsibilities as outlined in the presentations. I understand that if I have any questions about the material presented and my responsibilities as a grantee that I will contact my grant manager. PROJECT DIRECTOR SIGNATURE DATE SIGNATURE AUTHORITY'S CERTIFICATION: As the Signature Authority for the above Grantee, I certify, by my signature on page two (2), that I have read and am fully cognizant of our duties and responsibilities under this Certification. 1. REQUIREMENTS OF GRANT RECIPIENTS: All grant recipients (regardless of the type of entity or the amount awarded) are subject to prohibitions against discrimination in any program or activity, and must take reasonable steps to provide meaningful access for persons with limited English proficiency. ♦I certify that this agency will maintain data (and submit when required) to ensure that: our services are delivered in an equitable manner to all segments of the service population; our employment practices comply with Equal Opportunity Requirements, 28 CFR 42.207 and 42.301 et seq.; our projects and activities provide meaningful access for people with limited English proficiency as required by Title VI of the Civil Rights Act, (See also, 2000 Executive Order #13166). ♦I also certify that the person in this agency or unit of government who is responsible for reporting civil rights findings of discrimination will submit these findings, if any, to the Division of Criminal Justice within 45 days of the finding, and/or if the finding occurred prior to the grant award beginning date, within 45 days of the grant award beginning date. Page 1 of 2 DCJ30_v12 (Rev. 02/20) DocuSign Envelope ID: 9B0BF673-72AC-410C-8E0D-763500A366AD DCJ FORM 30: CERTIFICATION OF COMPLIANCE WITH REGULATIONS, OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF JUSTICE (Continued) II. EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) CERTIFICATIONS: Check the box before ONLY ONE APPROPRIATE CERTIFICATION (A, or B below) that applies to this grantee agency during the period of the grant duration noted above. CERTIFICATION "A" [Applicable, if (1), (2) or (3), below, apply.] This is the Certification that most non -profits and small agencies will use. Check all that apply to your entity. This funded entity: (1) is an educational, medical or non-profit organization or an Indian Tribe; (2) has less than 50 employees; (3) was awarded through this single grant award from the Colorado Division of Criminal Justice less than $25,000 in federal U.S. Department of Justice funds. Therefore, I hereby certify that this funded entity is not required to maintain an EEOP, pursuant to 28 CFR §42.302, but is required to submit a Certification (https://oip.gov/about/ocr/eeon.htm). CERTIFICATION "B" (Applicable to all entities that do not qualify for Certification "A" above) This funded entity, as a for-profit entity or a state or local government having 50 or more employees (counting both full - and part-time employees but excluding political appointees) and is receiving, through this single grant award from the Colorado Division of Criminal Justice, more than $25,000, in federal U.S. Department of Justice funds. Therefore, I hereby certify that the funded entity will prepare and submit an EEOP and Certification at https://ojp.gov/ahout/ocr/eeop.htrn, within 60 days of the award. The EEOP shall be submitted in accordance with 28 CFR §42, subpart E, to Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice that will include a section specifically analyzing the grantee (implementing) agency. (If you have already submitted an EEOP applicable to this time period, send a copy of the letter received from the Office for Civil Rights showing that your EEOP is acceptable.) As the Signature Authority far the above grantee, I certify, by my signature below, that I have read and am fully cognizant of our duties and responsibilities under this Certification. I, hereby, also certify that the content of this form, other than the data entry required, has not been altered. SIGNATURE AUTHORITY SIGNATURE DATE TYPED NAME TITLE * * * * * * * * * * This signed form must be returned to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO 80215, within 45 days of the grant award beginning date. You must also forward a signed copy to the person identified in the box above. Page 2 of 2 DCJ30 v12 (Rev. 02/20) U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing 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 con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- tempting 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 undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer- tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, 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) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620— A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will— OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE. (1) (2) (e) Justice tification (f) days respect (1) employee, requirements (2) drug such (g) free (c), B. site(s) the Place code) violation no after employee Employers position N.W., ment, Abide Notify later Notifying Taking Taking Requiring Making (d), The specific receiving of abuse purposes workplace Washington, or grantee for of than Programs, receiving to (e), of title, number(s) other Performance by the or one any appropriate the a of up assistance a grant: the five the otherwise to: good and employer criminal convicted of to of such appropriate performance notice employee the by through may terms agency, Department the and (f). calendar ATTN: notice a faith D.C. of employee insert following including Rehabilitation Federal, drug under (Street of in receiving each personnel or effort implementation employees 20531. under the in writing days Control who rehabilitation agency; in statute writing, subparagraph of of affected to State, the statement; is to work address, Justice, actions, subparagraph termination, after Notice so participate continue of occurring actual Desk, action Act space his within must grant; convicted or done such shall of local or notice Office 633 within against program of provided in city, and 10 provide 1973, to her conviction; (d)(2) consistent satisfactorily paragraphs connection conviction in calendar Indiana include 30 (d)(2), the of of calendar such as from such notice, amended; approved below workplace the law state, Avenue, with an a days an convic-tion. with enforce- drug- (a), the with for including iden- in for (b), zip a the or a Weld 901 Greeley, 9th County Justice Ave, 910 CO 80632 10th Center Ave, 915 10th St Check here. Section is fiscal plication agencies Check 4061/7. a State year. if may A may if the there 630 copy Department elect are of the elect to of to State workplaces regulations which use has make of OJP elected should Justice one certification Form on provides to file be included funding. 4061/7. complete that that States are in not indentified a grantee each with each and OJP Form that Federal ap- State ■ 67, for II DRUG (GRANTEES As implemented defined A. in sion, activity B. violation will of Programs, Washington, required As the If the convicted report -FREE at a condition unlawful or use with occurring conviction, 28 the ATTN: by of the WORKPLACE WHO the at CFR manufacture, a of conviction, D.C. 28 of controlled grant; a to: Control 20531. ARE Drug CFR Part the criminal during and Department -Free 67; grant, INDIVIDUALS) Part in Sections substance drug the Desk, 67, distribution, writing, Workplace I conduct Subpart certify offense of 633 Justice, within Indiana 67.615 that in Act dispensing, conducting resulting of any F, I 10 of for and will grant calendar Office Avenue, 1988, grantees, 67.620 not from activity, of and engage posses- any days Justice N.W., as I health, maintain county, a Required Authorized As the duly only authorized Official for representative awards for the greater Grantee of the than applicant, Agency. 5100,000. I This form Project certify that Director the must applicant be signed should will comply NOT by the with sign Signature the this Authority/ form. certifications. The hereby above Weld PO Greeley, BOX County 1167 CO District 80632-1167 Attorney's Office, 19th Judicial District 1. Grantee Name and Address: 2020 -VU -21-483-19 / 1 th DA Victim Witness Assistance Unit FIN# 84-6000-813 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number Mike Freeman 4. Typed Name and Title of Authorized Representative Mike reeman Digitally Date: signed 2020.12.21 by Mike 10:56:34 Freeman , -07 00 5. Signature 6. Date 2021-2022 CRIME VICTIM SERVICES (CVS) INTERGOVERNMENTAL GRANT AGREEMENT AWARD LETTER AND SUMMARY OF GRANT AWARD TERMS AND CONDITIONS FOR VICTIM WITNESS ASSISTANCE UNIT APPROVED AS TO��CE: 7 Elected Official 1 Department Head AROVED TO FUNDING: IpZ Controller APPROVED AS TO FORM: 4'r J County Attorney Hello