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HomeMy WebLinkAbout20202360.tiffRESOLUTION RE: APPROVE 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD LETTER FOR JAIL BOOKING BODY SCANNER PROJECT 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 the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award Letter for the Jail Booking Body Scanner Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the Colorado Department of Public Safety, Office of Adult and Juvenile Justice Assistance, Division of Criminal Justice, commencing July 1, 2020, and ending June 30, 2021, with further terms and conditions being as stated in said award letter, and WHEREAS, after review, the Board deems it advisable to approve said award letter, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award Letter for the Jail Booking Body Scanner Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the Colorado Department of Public Safety, Office of Adult and Juvenile Justice Assistance, 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 sign and submit said award letter electronically. G c: S O (SK,), A CT($c/cD) /2O 2020-2360 SO0041 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD LETTER FOR JAIL BOOKING BODY SCANNER PROJECT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of August, A.D., 2020, nunc pro tunc July 1, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board Stev BY: AP Deputy Clerk to the Board County Attorney Kevin D. Ross Date of signature: og/07/2O 2020-2360 SO0041 I 1 cb Con r c_cate:. 5" BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Competitive 2018 Justice Assistance Grant (JAG) award acceptance through DocuSign DEPARTMENT: Sheriff's Office DATE: 7/23/2020 PERSON REQUESTING: Sonja Kohlgraf, WCSO's Budget Manager Brief description of the problem/issue: Historical timeline: February of 2018: WCSO applied for the JAG2018 grant funding in the amount of $210,000. The proposal included the purchase of two body scanners; one located in the North Jail booking intake and one for the Southwest Booking Station intake. May 2018, Weld County received the preliminary award approval in the amount of $105,000 to purchase one body scanner for the jail. The award was withdrawn/put on hold because the State of Colorado adopted "sanctuary policies" and was not complying with 8 U.S.C 1373. Governor Polis filed a lawsuit against the Department of Justice. May 19th 2020, Weld County Sheriffs Office received a notification from the Grant Manager in the Colorado Division of Criminal Justice that CO won the litigation and asked if we are still accepting the JAG 2018 grant award. May 26th 2020, 1 reached out to the Grant Manager and let her know that we would like to accept, pending Weld County BOCC's approval, and asked if we could use the funds for a second body scanner for the Southwest Booking Station. 6/2/2020 The State Rep responded that we can change the location to the SW Booking station as the JAG Board did not specify the location. 6/10/2020 BOCC approved to accept the award 7/23/2020 The official Award letter for 2018 -DJ -18-06-49-1 arrived via DocuSign and the State is requesting the acceptance of the award via Mike Freeman's signature Therefore, I would like to request approval to accept the award via DocuSign In the summer of 2019, 1 reached out to the State to get a status update on the JAG2018 funding award and was notified that the award has not been approved because the lawsuit was Filed. The State Rep could not confirm or deny a future award. The Jail continued to express the need of a body scanner to mitigate risk, increase safety and improve the dignity of the inmates. WCSO determined that equitable share funds, as well as JAG2017 and JAG2018 formula grant money, that was awarded but not used yet, could be used to buy the body scanner. Financial breakdown: Funding for the first body scanner at the North Jail: Body Scanner price - Purchase order issued $134,950 Equitable Share Funds $69,000 JAG2017 $14,249 must be spent by early fall 2020 JAG2018 $13,152 Requested variance from WC Finance $38,549 Body Scanner for the Southwest Booking Station Price quote 6-4-2020 $134,950 JAG2018 award $105,000 Requested variance from WC Finance $29,950 Total need of estimated Weld County funding $68,499 or 25% for both machines. 75% will be covered by grant and equitable sharing funds. Ongoing yearly maintenance per machine is approx. $9,000. When the original project was discussed, Weld County prepared to cover a variance of an estimated $80,000 for the implementation of both machines. By purchasing both body scanners with above described funding, the impact to Weld County would be reduced to $68,499 with a savings of $11,501. The proposal has been reviewed by Sheriff Reams and Finance and both recommend approval. 2020-2360 07�...L`7 $000 1 4 What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve the acceptance of the JAG2018 award letter via DocuSign by Mike Freeman. • Deny the grant award. This will eliminate the opportunity to equip the Southwest Booking Station with a body scanner for a fraction of the purchasing price. Schedule a work session to discuss further. Recommendation: Authorize the acceptance of the JAG2018 award in the amount of $105,000 for purchase of body scanner at estimated $134,950 Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross Approve Recommendation Schedule Work Session Other/Comments: e DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ Grant Number» 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: 2018 -DJ -18-06-49-1 Grantee Weld County Grant Amount Federal Award # 2018-MU-BX-0121: $105,000 Total Grant Funds Awarded: $ 105,000 Grantee DUNS: 075757955 Match Percentage Required: 0% Grant Issuance Date (Start Date): 7/1/2020 Grant Expiration Date: 6/30/2021 Is this Award for Research and Development (R&D)? No State Grant Authority The Division of Criminal Justice is authorized to disburse these funds by Colorado Revised Statute 24-33.503 and 507 Grant Description (for this grant award): Prior to 2017, The Weld County secure jail facility boasted over 30 years without an in -custody inmate death. In August 2017, an inmate died due to prolonged exposure to illegal narcotics being hidden in a body cavity and eventually overdosing. By having access to body scanners and X -Ray technology that has been proven effective in identifying anomalies, booking deputies will be able to determine with greater ease and confidence that contraband does not enter the facility. Agreement Purpose (Purpose of funding source and selection): The Justice Assistance Grant (JAG) Board selected grantee for award. The federal Justice Assistance Grant Program (JAG) allows agencies to support a broad range of activities to prevent and control crime based on their own local needs. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Grant: 1. Exhibit Al, Sample Option Letter 2. Exhibit A2, Sample Grant Funding Change Letter 3. Exhibit B, Grant Requirements 4. Exhibit C, Special Conditions 5. Exhibit D, Federal Requirements 6. Exhibit E, Statement of Work. 7. Exhibit F, Budget. In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Exhibit C, Special Conditions 2. Exhibit D, Federal Requirements. 3. The provisions of the other sections of the main body of this Grant. 4. Exhibit B, Grant Requirements 5. Exhibit E, Statement of Work. 6. Exhibit F, Budget. Page 1 of 15 Version 1018 (DCJ 1.3_07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_ Business_ Name_ enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ_ Grant_ Number» FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD Federal Award Office U.S. Department of Justice (US DOJ), Office of Justice Programs Office (OJP), Bureau of Justice Assistance (BJA) Grant Program State of Colorado Justice Assistance Grant (JAG) Program CFDA 16.738 - Edward Byrne Memorial Justice Assistance Grant Program Federal Award Number(s) 2018-MU-BX-0121 Federal Award Date 10/01/2017 Federal Award End Date * 09/30/2021 Federal Statutory Authority This project is supported under FY18 (BJA - JAG State & JAG Local) Title I of Pub. L. No. 90 - 351 (generally codified at 34 U.S.C. 10101 - 10726), including subpart I of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) Total Amount of Federal Award (this is not the amount of this grant agreement) $2,796,761 e Federal Award End Date is current at the time of this award. All federal funds are subject to availability as described in §2.B and §5.A below. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature. GRANTEE Weld County �DocuSigned by: NLtI�t, 4 N4 �>✓l l`l C740000003D44A1... STATE OF COLORADO Jared Polis, Governor Department of Public Safety Stan Hilkey, Executive Director DocuSigned by: 11 Ct �ltt, i�i,j ln,(,ii a '^DR.F2P00dfC2 By: Mr. Mike Freeman, Board of County Commissioners Chair Date: 08/04/2020 By: Division of Criminal Justice ❑ Joe Thome, Director, or Debbie Oldenettel, Deputy Director 08/04/2020 Date: In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD , —DocuSigned by: -r40 2. G/, wd \--36,DR606n3G0d05 By: Lyndsay J. Clelland, Contract and Grant Coordinator, Division of Criminal Justice 08/10/2020 Effective Date: Page 2 of 15 Version 1018 (DCJ 1.3_07/16/19) W62(3-.23100 DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ Grant Number» TABLE OF CONTENTS SUMMARY OF GRANT AWARD TERMS AND CONDITIONS 1 FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD 2 SIGNATURE PAGE 2 1. GRANT 4 2. TERM 4 3. DEFINITIONS ..._ 5 4. STATEMENT OF WORK 8 5. PAYMENTS TO GRANTEE 8 6. REPORTING - NOTIFICATION 9 7. GRANTEE RECORDS 10 8. CONFIDENTIAL INFORMATION -STATE RECORDS 10 9. CONFLICTS OF INTEREST 12 10. INSURANCE 12 11. REMEDIES 12 12. DISPUTE RESOLUTION 12 13. NOTICES AND REPRESENTATIVES 12 14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 13 15. GOVERNMENTAL IMMUNITY 13 16. GENERAL PROVISIONS 13 EXHIBIT Al, SAMPLE OPTION LETTER 1 EXHIBIT A2, SAMPLE GRANT FUNDING CHANGE LETTER 1 EXHIBIT B, GRANT REQUIREMENTS 1 EXHIBIT C, SPECIAL CONDITIONS 1 EXHIBIT D, FEDERAL REQUIREMENTS 1 EXHIBIT E, STATEMENT OF WORK 1 EXHIBIT F, BUDGET 1 Page 3 of 15 Version 1018 (DCJ l.3_07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ_Grant Number» 1. GRANT As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter (the "State") hereby obligates and awards to Grantee shown on the first page of this Grant Award Letter (the "Grantee") an award of Grant Funds in the amounts shown on the first page of this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award Letter. 2. TERM A. Initial Grant Term and Extension The Parties' respective performances under this Grant Award Letter shall commence on the Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Grant Award Letter. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award Letter by providing Grantee with a written notice to Grantee in a form substantially equivalent to Exhibit Al, Sample Option Letter showing the new Grant Expiration Date. Authorized costs incurred prior to the Effective Date, but no earlier than the Grant Issuance Date, may be submitted for reimbursement as provided in §5.A and §5.B below. B. Early Termination in the Public Interest The State is entering into this Grant Award Letter to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award Letter ceases to further the public interest of the State or if State, Federal or other funds used for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or in part by providing written notice to Grantee that includes, to the extent practicable, the public interest justification for the termination. If the State terminates this Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Grant Award Letter that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this Grant Award Letter that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee's obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Grant Award Letter by the State for breach by Grantee. C. Grantee's Termination Under Federal Requirements Grantee may request termination of this Grant by sending notice to the State, or to the Federal Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective date of the termination. If this Grant is terminated in this manner, then Grantee shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. Page 4 of 15 Version 1018 (DCJ 1.3_07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Graitee_Doing_Business_Name_enter_Legel» Project: «Project Name» DCJ Grant #: «DCJ_Grant Number» 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. "Budget" means the budget for the Work described in Exhibit F, Budget. B. "Business Day" means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S. C. "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. "Equipment" means tangible, nonexpendable property with an acquisition cost of $5,000 or more and a useful life of more than one year. Software, regardless of cost, is not considered equipment. F. "Grant Award Letter" means this letter which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. G. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Grant Award Letter. H. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of this Grant Award Letter. I. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this Grant Award Letter. J. "Exhibits" exhibits and attachments included with this Grant as shown on the first page of this Grant. K. "Extension Term" means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Grant Award Letter. L. "Federal Award" means an award of Federal financial assistance by a Federal Awarding Agency to the Recipient. "Federal Award" also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. M. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a Recipient. The Federal Award Office listed in the table FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD found on pages 1 or 2 of this grant, is the Federal Awarding Agency for the Federal Award which is the subject of this Grant. Page 5 of 15 Version 1018 (DCJ 1.3_07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ_ Grant_ Number» N. "Forms" are a type of document with various different blank spaces for answers or information to document or request information and attached as exhibits or provided to the Grantee throughout the term of this grant. Forms will be periodically updated, changed, modified, adjusted, transformed, amended, or altered at the discretion of the State and provided to the Grantee to best meet the needs of the information being collected and recorded. O. "Goods" means any movable material acquired, produced, or delivered by Grantee as set forth in this Grant Award Letter and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. P. "Grants Management System" or "GMS" means any online electronic grant system used to solicit, apply, review, manage, and close out a grant. (Use of a GMS is established by the state agency or division managing the grant funds). "Incident" means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. R. "Initial Term" means the time period between the Grant Issuance Date and the Grant Expiration Date. S. "Matching Funds" means the funds provided Grantee as a match required to receive the Grant Funds. T. "Party" means the State or Grantee, and "Parties" means both the State and Grantee. U. "PCI" means payment card information including any data related to credit card holders' names, credit card numbers, or the other credit card information as may be protected by state or federal law. Q. V. "PII" means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual's identity, such as name, social security number, date and place of birth, mother's maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101 C.R.S. W. "PHI" means any protected health information, including, without limitation any information whether oral or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (ii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is not limited to, any information defined as Individually Identifiable Health Information by the federal Health Insurance Portability and Accountability Act. X. "Program" means the Grant Program listed in the table FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD found on pages 1 or 2 of this grant. Y. "Recipient" means the State Agency shown on the first page of this Grant Award Letter, for the purposes of the Federal Award. Page 6 of 15 Version 1018 (DCJ 1.3_07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ Grant Number» Z. "Services" means the services to be performed by Grantee as set forth in this Grant Award Letter, and shall include any services to be rendered by Grantee in connection with the Goods. AA. "State Confidential Information" means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, PHI, PCI, Tax Information, CJI, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. BB. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. CC. "State Fiscal Year" means a 12 -month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. DD. "State Records" means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. EE. "Sub -Award" means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to this Sub -Award unless the terms and conditions of the Federal Award specifically indicate otherwise. FF. "Subcontractor" means third -parties, if any, engaged by Grantee or Subgrantee to aid in performance of the Work. This establishes a procurement relationship. The subcontractor provides goods or services for the benefit of the purchaser. GG. "Subgrantee" means third -parties, if any, engaged by Grantee or Subgrantee to aid in performance of the Work. This establishes a grant relationship. The beneficiary, not the purchaser, receives benefit from the work. A subgrantee receiving federal grant funds is also called a subrecipient. There may be multiple tiers of subgrantees/subrecipients and do not include procurement transactions. HH. "Subrecipient" means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization entity that receives a Sub -Award from a Recipient to carry out part of a Federal program, but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient. There may be multiple tiers of subrecipients. II. "Tax Information" means Federal and State of Colorado tax information including, without limitation, Federal and State tax returns, return information, and such other tax -related information as may be protected by Federal and State law and regulation. Tax Information Page 7 of 15 Version 1018 (DCJ 1.3_07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project Name» DCJ Grant #: «DCJ_Grant Number» includes, but is not limited to all information defined as Federal tax information in Internal Revenue Service Publication 1075. JJ. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the "Super Circular, which supersedes requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. KK. "Work" means the delivery of the Goods and performance of the Services described in this Grant Award Letter. LL. "Work Product" means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. "Work Product" does not include any material that was developed prior to the Grant Issuance Date that is used, without modification, in the performance of the Work. Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. STATEMENT OF WORK Grantee shall complete the Work as described in this Grant Award Letter and in accordance with the provisions of Exhibit E, Statement of Work. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Grant Award Letter. 5. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount for shown on the first page of this Grant Award Letter. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Grant Issuance Date or after the Grant Expiration Date; provided, however, that Work performed and expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active Federal Award may be submitted for reimbursement as permitted by the terms of the Federal Award. Page 8 of 15 Version 1018 (DCJ 1.3_07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ_Grant Number» B. Reimbursement of Grantee Costs The State shall reimburse Grantee's allowable costs, not exceeding the maximum total amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the Budget, except that Grantee may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Grantee provides notice to, and received written approval from, the State of the change, the change does not modify the total maximum amount of this Grant Award Letter, and the change does not modify any requirements of the Work. The State shall reimburse Grantee for the State share of properly documented allowable costs related to the Work after the State's review and approval thereof, subject to the provisions of this Grant. The State shall only reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). C. Close -Out. Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Grant Award Letter and Grantee's final reimbursement request or invoice. The State will withhold remaining funds until all final documentation has been submitted and accepted by the State as substantially complete. 6. REPORTING - NOTIFICATION A. Quarterly Reports. Grantee shall submit, on a quarterly basis, a written progress report and financial report. Such progress reports shall be in accordance with the procedures developed and prescribed by the DCJ State Administrative Guide. Progress reports shall be submitted to the State not later than 15 Days following the end of each calendar quarter or at such time as otherwise specified by the State. If the 15th does not fall on a Business Day, the report is due the following Business Day. B. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out described in §5.C, containing an evaluation and review of Grantee's performance and the final status of Grantee's obligations hereunder. C. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award. The State may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. D. Justice Assistance Grant (JAG) Accountability Measures JAG Accountability Measures are utilized to understand the impact of JAG funding as it relates to JAG and BJA's mission. The BJA Performance Measurement Tool supports BJA grantees ability to identify, collect, and report performance measurement data on activities Page 9 of 15 Version 1018 (DCJ 1 3_07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project Name» DCJ Grant #: c DCJ_Grant Number» funded by their award. It is a requirement that every grant awarded through the Justice Assistance Grant funds must use the PMT to report quarterly within 15 days of the quarter close date 7. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee's office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B. Monitoring The State will monitor Grantee's performance of its obligations under this Grant Award Letter using procedures as determined by the State. Grantee shall allow the State to perform all monitoring required, based on the State's risk analysis of Grantee. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee's performance in a manner that does not unduly interfere with Grantee's performance of the Work. If Grantee enters into a subgrant, then the subgrant entered into by Grantee shall contain provisions permitting the Grant, State, Federal Awarding Agency, and Federal Office of Inspector General to perform all monitoring of that Subgrant in accordance with the Uniform Guidance. Grantee's failure to comply with and/or correct monitoring findings shall constitute a breach of this Grant Agreement. C. Final Audit Report Grantee shall promptly submit to the State a copy of the Grantee Agency's final audit report in accordance with Exhibit B, Grant Requirements §1. 8. CONFIDENTIAL INFORMATION -STATE RECORDS A. Confidentiality Grantee shall hold and maintain, and cause all Subgrantees and Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publically available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee's own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated 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 Page 10 of 15 Version 1018 (DCJ 1.3_07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ_Grant Number» all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement attached to this Grant, if applicable. Grantee shall immediately forward any request or demand for State Records to the State's principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns, Subgrantees and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns, Subgrantees and Subcontractors who require access to perform their obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees, assigns, Subgrantees and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign, Subgrantee or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee's reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. E. Safeguarding PII If Grantee or any of its Subgrantees or Subcontractors will or may receive PII under this Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non -disclosure requirements, use Page 11 of 15 Version 1018 (DCJ 1.3_07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ Grant Number» of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a "Third -Party Service Provider" as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. 9. CONFLICTS OF INTEREST Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State's interests and absent the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. 10. INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that any Subgrantees and Subcontractors maintain all insurance customary for the completion of the Work done by that Subgrantee or Subcontractor and as required by the State or the GIA. 11. REMEDIES In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails to comply with any term or condition of this Grant or any terms of the Federal Award, the State may terminate some or all of this Grant and require Grantee to repay any or all Grant funds to the State in the State's sole discretion. The State may also terminate this Grant Award Letter at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. 12. DISPUTE RESOLUTION Except as herein specifically provided otherwise or as required or permitted by federal regulations related to any Federal Award that provided any of the Grant Funds, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 13. NOTICES AND REPRESENTATIVES Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §13. Page 12 of 15 Version 1018 (DCJ 1.3_07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project Name» DCJ Grant #: «DCJ_Grant Number» 14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 15. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10- 101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, right, benefits, protections, or other provisions, contained in these statutes. 16. GENERAL PROVISIONS A. Assignment Grantee's rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee's rights and obligations approved by the State shall be subject to the provisions of this Grant Award Letter. B. Captions and References The captions and headings in this Grant Award Letter are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Grant Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Grant Award Letter represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Grant Award Letter. D. Modification The State nay modify the terms and conditions of this Grant by issuance of an updated Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other than Agreement amendments, shall conform to the policies issued by the Colorado State Controller. The State may, at the State's discretion, use an Option Letter or Grant Funding Change letter substantially equivalent to Exhibit Al, Sample Option Letter and Exhibit A2, Sample Grant Funding Change Letter to modify the grant agreement. If exercised, Page 13 of 15 Version 1018 (DCJ 1.3_07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ_Grant Number» the provisions of the Grant Funding Change Letter shall become part of and be incorporated into the original grant. ii. The State may increase or decrease the quantity of goods/services described Exhibit E, Statement of Work and Exhibit F, Budget based upon the rates established in the Grant. If the State exercises the option, it will provide written notice to Grantee at least 15 days prior to the end of the current grant term in a form substantially equivalent to Exhibit Al, Sample Option Letter. iii. The State may add or delete the goods/services described Exhibit E, Statement of Work and Exhibit F, Budget as long as the change does not change the overall scope of the approve grant. If the State exercises the option, it will provide written notice to Grantee at least 15 days prior to the end of the current grant term in a form substantially equivalent to Exhibit Al, Sample Option Letter. E. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. G. Severability The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or enforceability of any other provision of this Grant Award Letter, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. H. Subcontracts and Subgrants Grantee shall not enter into any subgrant or subcontract in connection with its obligations under this Agreement without the prior, written approval of the State. Grantee shall submit to the State a copy of each such subgrant or subcontract upon request by the State. All subgrants and subcontracts entered into by Grantee in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement. Page 14 of 15 Version 1018 (DCJ 1.3_07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ_Grant Number» 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 arc incidental to the Grant, and do not create any rights for such third parties. K. Waiver A Party's failure or delay in exercising any right, power, or privilege under this Grant Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. L. Federal Requirements Grantee shall comply with all applicable requirements of Exhibit D, Federal Requirements at all times during the term of this Grant. Page 15 of 15 Version 1018 (DCJ 1.3_07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ_Grant Number» EXHIBIT Al, SAMPLE OPTION LETTER State Agency Department of Public Safety, Division of Criminal Justice Option Letter Number: Insert the Option Number (e.g. "1" for the first option) Grantee This should match original grant agreement unles there has been a legal name change. Original Grant Number: Insert DCJ grant number Agreement Performance Beginning Date (Start Date) The later of the Effective Date or Month Day, Year Current Agreement Expiration Date (End Date) Month Day, Year Agreement Maximum Amount Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Total Grant Funds Awarded: $0.00 Grantee Match Amount Required Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Total Match Required from Grantee: $0.00 Match Percentage Required: 1 0% 1. OPTIONS: A. Option to extend for an Extension Term B. Option to change the quantity of Goods under the Grant C. Option to change the quantity of Services under the Grant D. Option to modify Grant rates E. Option to initiate next phase of the Grant 2. REQUIRED PROVISIONS: A. For use with Option 1(A): In accordance with Section(s) Number of the Original Grant referenced above, the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current Grant expiration date shown above, at the rates stated in the Original Grant, as amended. B. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Grant referenced above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the rates stated in the Original Grant, as amended. C. For use with Option 1(D): In accordance with Section(s) Number of the Original Grant referenced above, the State hereby exercises its option to modify the Grant rates specified in Exhibit/Section Number/Letter. The Grant rates attached to this Option Letter replace the rates in the Original Grant as of the Option Effective Date of this Option Letter. D. For use with Option 1(E): In accordance with Section(s) Number of the Original Grant referenced above, the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert start date and end on Insert ending date at the cost/price specified in Section Number. E. For use with all Options that modify the Grant Maximum Amount: The Grant Maximum Amount table on the Grant's Signature and Cover Page is hereby deleted and replaced with the Current Grant Maximum Amount table shown above. 3. OPTION EFFECTIVE DATE: A. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later. STATE OF COLORADO Jared Polis, Governor Department of Public Safety, Division of Criminal Justice Stan Hilkey, Executive Director By: Division of Criminal Justice 0 Joe Thome, Director, or 0 Debbie Oldenettel, Deputy Director Date: In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Lyndsay J. Clelland, Contract and Grants Coordinator, Department of Public Safety, Division of Criminal Justice Option Effective Date: Exhibit Al Page 1 of 1 OSCI 116 (DCJ 07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: ((Project_Name» DCJ Grant #: «DCJ_Grant Number» EXHIBIT A2, SAMPLE GRANT FUNDING CHANGE LETTER State Agency Department of Public Safety, Division of Criminal Justice Grant Funding Change Letter Number: Insert the Option Number (e.g. "1" for the first option) Grantee Insert Contractor's Full Legal Name, including "Inc.", "LLC", etc... Original DCJ Grant Number: DCJ Grant Number Agreement Performance Beginning Date (Start Date): The later of the Effective Date or Month Day, Year Current Agreement Expiration Date (End Date) Month Day, Year Agreement Maximum Amount Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Total Grant Funds Awarded: $0.00 Grantee Match Amount Required Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Federal Award # 20XX-xx-xx-xxxx: $0.00 Total Match Required from Grantee: $0.00 Match Percentage Required: 10% 1. GRANT FUNDING CHANGE In accordance with §Insert Section Number of the Original Grant referenced above, the State Agency listed above commits the following funds to the grant: A. The funding available for this award is Increased/Decreased by $Amount of Change, because Insert Reason For Change. B. The total funding available for this grant as of the effective date of this Grant Funding Change Letter is shown as the current contract maximum above. 2. TERMINOLOGY All terminology used in this Grant Funding Change Letter shall be interpreted in accordance with the Original Grant referenced above. 3. NO ORDER FOR WORK This Grant Fundig Change Letter modifies the available funding only and does not constitute an order or authorization for any specific services or goods under the Grant. 4. GRANT FUNDING CHANGE LETTER EFFECTIVE DATE: The effective date of this Grant Funding Change Letter is upon approval of the State Controller or , whichever is later. STATE OF COLORADO Jared Polis, Governor Department of Public Safety, Division of Criminal Justice Stan Hilkey, Executive Director By: Division of Criminal Justice O Joe Thome, Director, or O Debbie Oldenettel, Deputy Director Date: In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Lyndsay J. Clelland, Contract and Grants Coordinator, Department of Public Safety, Division of Criminal Justice Grant Funding Change Letter Effective Date: Exhibit A2 Page 1 of 1 OSC l 116 (DCJ 07/16/19) DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ_Grant Number» 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 DCJ 09/07/2018 DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld CountyaGrantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ_Grant Number» D. Failure to Comply: The grantee understands and agrees that DCJ or the federal awarding office (DOJ) may withhold award funds, or may impose other related requirements, if the grantee does not satisfactorily and promptly address outstanding issues from audits required by Part 200 Uniform Requirements, by the terms of this award, by the current addition of the DOJ Grants Financial Guide, or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 2. FINANCIAL AND ADMINISTRATIVE MANAGEMENT A. The Grantee assures that fund accounting, auditing, monitoring, evaluation procedures and such records as necessary will be maintained to assure adequate internal fiscal controls, proper financial management, efficient disbursement of funds received, and maintenance of required source documentation for all costs incurred. These principles must be applied for all costs incurred whether charged on a direct or indirect basis. B. All expenditures must be supported by appropriate source documentation. Only actual, approved, allowable expenditures will be permitted. C. The Grantee assures that it will comply with the applicable Administrative Guide of the Division of Criminal Justice (Guide), located at http://dcj.state.co.us/home/grants. However, such a guide cannot cover every foreseeable contingency, and the Grantee is ultimately responsible for compliance with applicable state and federal laws, rules and regulations. In the event of conflicts or inconsistencies between the Guide and any applicable state and federal laws, rules and regulations, such conflicts or inconsistencies shall be resolved by applicable state and federal laws, rules and regulations. 3. PROCUREMENT AND CONTRACTS A. Grantee assures that open, competitive procurement procedures will be followed for all purchases under the grant. All contracts for professional services, of any amount, and equipment purchases over five thousand dollars (per item, with a useful life of at least one year) must receive prior approval by the DCJ. Grantee shall submit Form 16 — Professional Services/Consultant Certification and/or Form 13 — Equipment Procurement Certification Form. B. Grantee may not assign its rights or duties under this grant without the prior written consent of the DCJ. 4. AWARD CHANGE REQUESTS A. Grantee may request budget modifications by submitting a request to DCJ. DCJ reserves the right to make and authorize modifications, adjustments, and/or revisions to the Grant Award Letter for the purpose of making changes in budget categories, extensions of grant award dates, changes in goals and objectives, and other modifications as described in §16.D in the body of the Grant Award Letter. Exhibit B Page 2 of 2 DCJ 09/07/2018 DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ_Grant Number» EXHIBIT C, SPECIAL CONDITIONS The following program specific requirements are imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. These requirements apply to this Agreement and must be passed on to subgrant award recipients. The following Special Conditions documents, if checked, are incorporated herein. These documents are located on the DCJ Grants website and may also be obtained from DCJ upon request. D 2018 Justice Assistance Grant (JAG) Special Conditions Exhibit C Page 1 of 1 DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ_Grant Number» 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. ❑x 2018 Federal Requirements Exhibit D Page 1 of 1 DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld County«Grantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ_Grant Number» EXHIBIT E, STATEMENT OF WORK The Statement of Work contained within the DocuSign Envelope is incorporated herein. Exhibit E Page 1 of 1 DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Grantee: Weld CountyaGrantee_Doing_Business_Name_enter_Legel» Project: «Project_Name» DCJ Grant #: «DCJ Grant Number» EXHIBIT F, BUDGET The Budget and Budget Narrative contained within the DocuSign Envelope is incorporated herein. Exhibit F Page 1 of 1 DocuSign Envelope ID: 5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Exhibit E Statement of Work Project Summary Prior to 2017, The Weld County secure jail facility boasted over 30 years without an in -custody inmate death. In August 2017, an inmate died due to prolonged exposure to illegal narcotics being hidden in a body cavity and eventually overdosing. By having access to body scanners and X -Ray technology that has been proven effective in identifying anomalies, booking deputies will be able to determine with greater ease and confidence that contraband does not enter the facility. This type of technology will help maintain the safety and dignity of inmates while also improving the effectiveness and efficiency of our deputies. Yet because of staffing shortages and overcrowding in the jail facility, the limited resources available to Weld County have been focused on increasing staffing in the facility and providing bed space for inmates. This has left no availability to implement a body scanner project in a timely manner without the assistance of a program such as the Justice Assistance Grant. Project Plan When funding is approved, the Weld County Sheriffs Office will work in conjunction with Public Safety Information Technology to implement this project within the Weld County facilities. This project not only directly impacts the effectiveness and efficiency of the law enforcement community, it is also meant to improve the safety and dignity of Colorado's inmate population within Weld County. While these two groups of people may seem very different, our goal is to utilize new technologies to increase the effectiveness of the agency in a way that all Coloradans can agree is appropriate and important. First, by improving the dignity and integrity of the humans being booked into the jail facility without compromising security. This is done by decreasing the number of people subjected to the invasive nature of a strip search. While this has proven to be an effective and necessary part of the jail environment, it is typically uncomfortable for both the inmate and deputies involved. If technology exists that can help reduce this number in the slightest, this will improve the overall successful operation of the facility. Second, by improving the safety of inmates already housed in the jail facility. Reducing the introduction of illegal narcotics and contraband for inmates within the housing units will dramatically improve the safety and health of existing inmates. Narcotics tend to cause behavioral issues and have caused incidents between inmates and medical situations were resources are diverted from a large group to target a small group effected. Third, by reducing the introduction of narcotics and contraband into the jail facility. Many inmates using narcotics upon entry into the jail are required to spend a significant amount of time in an environment that can help them "get clean". By finding contraband and narcotics upon entry, this increases the chances of inmates of getting the medical attention and treatment they need. Because of the high risk associated with hidden storage and use of narcotics, eliminating the possibilities of drugs entering the facility is the best way to keep inmates safe. The Southwest Booking Station is used as an intake of arrestees before they are transported to the Weld County North Jail complex. Arrestees will be scanned before they enter into Weld County Sheriffs Office custody. This project is right in line with the objectives of the JAG program. It is a one time use with all future financial commitments being taken on by the County, it is a new and innovative method for law enforcement purposes and it improves the effectiveness and efficiency of the agency. The project will be implemented as quickly as possible once funding is secured, and the County has a proven track record of managing resources well at all levels of government. Goals & Objectives GOAL 1 Goal 1 Objective 1.1 Objective Improve the effectiveness of Law Enforcement Officers while maintaining or improving the safety, integrity and dignity of inmates within the Weld County Jail. Increase the safety and security of inmates by discovering and interdicting illegal narcotics and other contraband as it is attempting to be entered into the Weld County Jail. Outcome A) Increase discovery of contraband and illegal narcotics by 50% at time of entry into the secure facility. Measurement A) In 2017, 34 instances were documented of inmates attempting to smuggle in illegal narcotics or other contraband. By the end of the grant period, this should increase to 51 or more. Tmeframe Objective 1.2 Objective Outcome Measurement Timeframe Objective 1.3 Objective Outcome Measurement Timeframe During the grant period, increase instances of finding contraband on inmates at booking intake, which should decrease the number of infractions and drug use within the facility throughout the year. Decrease the number of strip searches conducted upon inmate entry into secure facility while improving inmate safety. A) Decrease necessary strip searches by 40% of inmates booked into secure facility. B) Body scans completed on at least 90% of incoming arrestees, with the only exceptions being for medical purposes, and identified in written procedures. Currently, strip searches are completed on approximately 34% of incoming inmates. Based on intake numbers, this number should be able to be reduced to 20% or less of incoming inmates. Only exceptions to body scan would be for medical purposes, and would be identified in policy and practice. Number calculated by total intake and subtracting out those not scanned once project is implemented. Within 6 months of implementation, 90% or more of arrestees should be going through the body scanner upon entering the facility. Improve the utilization of staffing resources tasked with ensuring the safety of inmates in their custody. Reduce by 75% the number of times an inmate is transported with deputies and/or medical staff to an outside facility such as neighboring County jails or nearby hospitals for scanning and body screening due to suspected illegal contraband. Prior year data shows an estimate of approximately 12 instances a year where inmates needed to be transported to another facility. By the end of the grant period, this should be reduced to approximately 3. Within the first year of implementation. Pagel DocuSign Envelope ID: '5ABA1019-5E49-4BC7-ACEC-38E6CD304438 Exhibit F Budget Summary Budget Summary Requested/Awarded Personnel Supplies & Operating Travel Equipment Consultants / Contracts Indirect Total Personnel: Budget & Budget Narrative Details Position Personnel Title and Name Annual Annual Base Base Salary To Be Salary GrantPaid FundBys N/A $0 $0 Personnel Total To Be Annual % To Be Paid By Annual Fringe To Paid By Grant Fringe Be Paid By Grant Funds Grant Funds Funds $0 $D $0 $0 $0 Non -Personnel: Budget & Budget Narrative Details Budget Item SUPPLIES & OPERATING Supplies & Operating Total TRAVEL Travel Total EQUIPMENT Item NA NA Inmate Body Scanner Amount To Be Paid By Grant Fends S0 So $0 So Total Total Base Annual Salary + Base Fringe To Be Salary + Paid By Fringe Grant Funds 50 $0 $0 $0 Budget Narrative and Justification Grant Funds $0.00 $0.00 $0.00 $ 105,000.00 $0.00 $0.00 $ 106,000.00 OT - OT - Annual OT - Annual Base Salary OT - Annual To Be Paid Annual Fringe To Be Base By Gram Fringe Paid By Salary Grant Funds Funds $0 $0 50 Project Total $ 0 00 $ 0.00 $000 $ 105.000.00 $ 0.00 $ 0 00 $ 106,000.00 Total To Be Paid By Grant Budget Funds Narrative and (including Justification overtime) $0 SO SO $0 S0 $0 $0 $0 $105,000 The Body Scanner will be located at the Weld County Southwest Booking Station at 4209 County Rd 24 1/2, Firestone CO 60260. The machine will be located in the Booking Intake area and operated by a Booking Deputy. Equipment Total $106,000 CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES) Consultants/Contracts Total INDIRECT Indirect Total Non -Personnel Total NA NA $0 So $0 SO $106,000 The Weld County Sheriffs Office is requesting funds for the purchase of one (1) full body scanner and X -Ray systems with all associated computer software and hardware. In researching possible vendors, the least expensive machine that meets the Sheriffs Office needs has a ticket price of $134,950. The grant request of $105,000 is with the understanding that anything above this cost will be covered by Weld County, and the machine will be maintained at the expense to Weld County for the life of the machine. It is estimated these machines have a useful life of 10-15 years, and maintenance contracts run approximately $9,000 per year. The Sheriffs Office has requested the assistance of the Weld County Information Technology and Buildings & Grounds divisions to assist in evaluating the requirements for the best possible value based on space and need before the machine is purchased, and also ensure the body scanners are able to communicate with our JMS (Jail Management System, currently Spillman). Research has been conducted on CJIS compliance and software compatibility, and will be continued throughout the RFP process. Exhibit F -- Page 1 of 1 Contract Form New Contract Request Entity Information Entity Name* THE DIVISION OF CRIMINAL JUSTICE @00035241 Entity ID* Contract Name* Contract ID 2018 EDWARD BYRNE JUSTICF GRANT PROGRAM (JAG); 3939 CO DIVISION OF CRIMINAL JUSTICE Contract Status CTB REVIEW Contract Lead* SKOHLGRAF ❑ New Entity? Parent Contract ID 3706 Requires Board Approval YES Contract Lead Email Department Project # skohlgraf@co weld.co.us Contract Description • THIS IS TO DOCUMENT THE OFFICIAL ACCEPTANCE OF AWARD LE I I ER FOR GRANT 2018 -DJ -18-06-49-1 VIA DOCUSIGN BY THE CHAIR OF THE WC BOCC. THE GRANT AWARD WAS PRESENTED TO THE BOCC ON 6/10/2020 FOR APPROVAL. Contract Description 2 THE LOCATION OF THE BODY SCANNER WAS CHANGED TO THE SW SUB BOOKING STATION IN ZOOMGRANTS AND THE STATE WAS NOTIFIED THAT WCSO IS ACCEPTING THE AWARD Contract Type* GRANT Amount* $105,000.00 Renewable* NO Automatic Renewal Grant YES IGA Department SHERIFF Department Email CM-Sheriff@weldgov om Department Head Email CM-Sheriff- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- CJUNTYATTORNEY@WELD GOV.COM Requested BOCC Agenda Date* 07/29/2020 Due Date 07,25/2020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Grant Deadline Date If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note- the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date 07/01/2020 Review Date* 09/13/2021 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 06/30/2021 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head ESTHER GESICK DH Approved Date 07/28/2020 Final Approval ROCC Approved ROCC Signed Date ROCC Agenda Date 08/03/2020 Originator SKOHLGRAF Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone i Contact Phone 2 Purchasing Approved Date Finance Approved Date 07/28/2020 Tyler Ref I AG 080320 Legal Counsel BOB CHOATE Legal Counsel Approved Date 07(28/2020 Submit Hello