HomeMy WebLinkAbout20191889.tiffRESOLUTION
RE: APPROVE GRANT AGREEMENT FOR JUVENILE DIVERSION PROGRAM AND
AUTHORIZE CHAIR TO SIGN
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 Grant Agreement for the Juvenile
Diversion Program between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office,
and the Colorado Department of Public Safety, Division of Criminal Justice, commencing
July 1, 2019, and ending June 30, 2020, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Grant Agreement for the Juvenile Diversion Program between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the 19th Judicial District Attorney's Office, and the 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 sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WLD COUNTY, COLORADO
ATTEST: WidthA)jL&o;t1
Weld County Clerk to the Board
ounty Attorney
Date of signature: 5-2c1-19
Steve Moreno
arbara Kirkmeyer) Chair
Mike Freeman, Pro-Tem
CC :DR(K8), AcT(Bc/cu)
2019-1889
DA0027
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
RE: Division of Criminal Justice Juvenile Diversion Continuation Application
DEPARTMENT: District Attorney DATE: 5/13/19
PERSON REQUESTING: Kirsta Britton
Brief description of the problem/issue:
The DCJ Juvenile Diversion grant has funded the District Attorney's Office Juvenile Diversion Program since
2006. In order to accept the awarded grant funds, we need two original signatures from the board chair on the
Statement of Grant Award (attached).
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Please provide consent to move these items to a Board agenda for authorization for signatures.
Recommendation:
Approve
Recommendation
Scan P. Conway
Scott James
Mike Freeman
Barbara Kirkmeyer, Chair
Steve Moreno, Pro -Tern
Schedule
Work Session
Other'Comments:
2019-1889
Grantee: District Attorney's Office. 19th Judicial District { Held) DCJ Grant a: 2020-D\'-20-3i1a1't6 l ED BY DCJ
Project: Weld County Juvenile Diversion- Year 3
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 -DV -20-30016-19
CMS Number: N'A
Grantee
Weld County
Grant Amount
State Fiscal Year 2019-2020: S95.359
Total Grant Funds Awarded: S95,359
Grantee DINS: 075757955
Grant Issuance Date (Start Date)
The later of July 1. 2019 or the date the State Controller or an
authorized delegate signs this Grant Letter
Grantee Match Amount Required
State Fiscal Year 2019-2020: S 31.786
Total Match Required from Grantee: S 31,786
Grant Expiration Date: June 30. 2020
Match Percentage Required: 25°v
Is this Award for Research and Development IR&D)? No
Grant Description
Funding for services to divert lirst-time, non-violent juvenile
offenders from the traditional court system into restorative
programming to address the juvenile's needs and community
safety: repairing the harm caused and encouraging their
future endeavors.
State Grant Authority
The Division of Criminal Justice is authorized to disburse these
funds by Colorado Revised Statute 24-33.503 and 507.
Authority to enter into this Grant exists in the Juvenile
Diversion Program. as defined in the Colorado Revised Statute
19-2-203.
Grant Purpose
Per Colorado Statute, the goal of diversion is to prevent further involvement of juveniles in the formal justice system 1 19-I-
103(44) C.R.S.). Juvenile diversion programs should be community -based alternatives to the formal court system for youth
between the ages of 10-17 who have been taken into custody for misdemeanor or felony offenses. Diversion programs should
concentrate on holding the youth accountable for their behavior while involving them in programs and activities to prevent
future criminal and delinquent behavior.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
1. Exhibit AI. Sample Option Letter
2. Exhibit A2. Sample Grant Funding Change Letter
3. Exhibit B. Grant Requirements
4. Exhibit C. Special Conditions
5. Exhibit D. Statement of Work.
6. Exhibit E, 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. Colorado Spacial Pioviaiorr,
iii §Chrti,r' Ref.....rrcr solace 'IN found. ofthc araitt body of fitly Chant-
I. Exhibit C. Special Conditions
2.. . The provisions of the other sections of the main body of this Grant.
2• . Exhibit B. Grant Requirements
4• . Exhibit D. Statement of Work.
5. . Exhibit E. Budget.
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'Version 11X7 ^
020/9-/ 96)
Grantee: District Attorney's Office. 19th Judicial District (Weld) DCJ Grant : 3020 -DV -20-30016.19
Project: Weld County Juvenile Diversion- Year 3
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 Parts authorizinlr, such signature.
GRANTEE
Weld County.
MAY 2 0 2.019
By: Barbara kirkmc er. County C mmissioner Chair
Date:
STATE OF COLORADO
Jared Polis. Governor
Department of Public Safety
Stan Ililkey. Executive Director
By: Division of Criminal Justice
(Joe ('home, Director, or
O Debbie Oldenettel. Deputy Director
Date:
ip/7/
In accordance with §24-30-302. C.R.S.. this Agreement is not valid until signed and dated below by the State Controller or an
authorized delegate.
By : t_y ndsay J. Clelland. C
STATE CONTROLLER
Robert Jaros, CPA, NI BA, JD
ract and Grr inator. Division of Criminal Justice
Effective Date:
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Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
TABLE OF CONTENTS
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS 1
SIGNATURE PAGE 2
1. GRANT 3
2. TERM 3
3. DEFINITIONS 4
4. STATEMENT OF WORK 7
5. PAYMENTS TO GRANTEE 7
6. REPORTING - NOTIFICATION 8
7. GRANTEE RECORDS 8
8. CONFIDENTIAL INFORMATION -STATE RECORDS 9
9. CONFLICTS OF INTEREST 10
10. INSURANCE 11
11. REMEDIES II
12. DISPUTE RESOLUTION 11
I3. NOTICES AND REPRESENTATIVES 11
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION I I
15. GOVERNMENTAL IMMUNITY 12
16. GENERAL PROVISIONS 12
EXHIBIT Al, SAMPLE OPTION LETTER 1
EXHIBIT A2, SAMPLE GRANT FUNDING CHANGE LETTER
EXHIBIT B, GRANT REQUIREMENTS I
EXHIBIT C, SPECIAL CONDITIONS 1
EXHIBIT D, STATEMENT OF WORK I
EXHIBIT E, BUDGET 1
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter
(the "State") hereby obligates and awards to Grantee shown on the first page of this Grant Award
Letter (the "Grantee") an award of Grant Funds in the amounts shown on the first page of this
Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter,
Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Grant Award Letter shall commence on the
Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter by providing Grantee with a written notice to Grantee in a form substantially equivalent
to Exhibit Al, Sample Option Letter showing the new Grant Expiration Date.
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Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant 4: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
13. 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.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget" means the budget for the Work described in Exhibit E, 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-I 1-101(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.
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Q.
R.
S.
Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
1. "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. "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.
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. "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).
O. "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.
P. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Expiration Date.
"Matching Funds" means the funds provided Grantee as a match required to receive the
Grant Funds.
"Party" means the State or Grantee, and "Parties" means both the State and Grantee.
"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.
T. "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.
U. "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
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Grantee: District Attorney's Office. 19th Judicial District ( Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
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.
V. "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.
W. "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.
X. "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.
Y. "State Fiscal Rules"" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
Z. "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.
AA. "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.
BB. "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.
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. 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.
DD. "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.
EE. "Work" means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
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Project: Weld County Juvenile Diversion- Year 3
FF. "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 D, 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
State 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.
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 or the
maximum amount for any state fiscal year, 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
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Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
State will withhold remaining funds until all final documentation has been submitted and
accepted by the State as substantially complete.
D. Matching Funds.
Grantee shall provide the Grantee Match Amount Required (Match) shown on the first page
of this Grant Award Letter and described in Exhibit E, Budget. Grantee shall provide the
minimum required Match Percentage at the time of each reimbursement request; including
the appropriation and allocation of cash match, and utilization of in -kind match. Grantee does
not by accepting this Grant Award Letter irrevocably pledge present cash reserves for
payments in future fiscal years, and this Grant Award Letter is not intended to create a
multiple -fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed
interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee's
laws or policies.
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.
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
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Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-I9
Project: Weld County Juvenile Diversion- Year 3
all monitoring, 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 both
Grantee and the State to perform all monitoring of that. 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.
S. 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 ofthe 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.
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Grantee: District Attorney's Office, 19th Judicial District ( Weld) DCJ Grant #: 2020 -DV -20-30016-19
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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
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
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Project: Weld County Juvenile Diversion- Year 3
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, 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, 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 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.
Page 11 of 14 Version 1018 (DCJ I.1_03/04/19)
Grantee: District Attorney's Office, 19th Judicial District ( Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
15. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials shall
be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b),
and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of
this Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
16. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee's rights and
obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to the
Work, oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant
Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of
the updated letter. The Parties may also agree to modification of the terms and conditions of
the Grant in a formal amendment to this Grant, properly executed and approved in accordance
with applicable Colorado State law and State Fiscal Rules. Modifications permitted under
this Agreement, other than Agreement amendments, shall conform to the policies issued by
the Colorado State Controller.
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,
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 D,
Statement of Work and Exhibit E, Budget based upon the rates established in the
Grant. If the State exercises the option, it will provide written notice to Grantee at least
Page 12 of 14 Version 1018 (DCJ 1_I 03/04/19)
Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant 0: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
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 D, Statement of
Work and Exhibit E, Budget as long as the change does not change the overall scope
of the approve grant. If the State exercises the option, it will provide written notice to
Grantee at least 15 days prior to the end of the current grant term in a form substantially
equivalent to Exhibit Al, Sample Option Letter.
E. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply
with all applicable Federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant.
H. Subcontracts and Subgrants
Grantee shall not enter into any subgrant or subcontract in connection with its obligations
under this Agreement without the prior, written approval of the State. Grantee shall submit
to the State a copy of each such subgrant or subcontract upon request by the State. All
subgrants and subcontracts entered into by Grantee in connection with this Agreement shall
comply with all applicable federal and state laws and regulations, shall provide that they are
governed by the laws of the State of Colorado, and shall be subject to all provisions of this
Agreement.
I. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the Grant
and shall be enforceable by the other Party.
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
Page 13 of 14 Version 1018 (DCJ 1 1_03/04/19)
Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
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.
Page 14 of 14 Version 1018 (DCJ I 1_()3/04/ 1 9 )
Grantee: District Attorney's Office, 19th Judicial District (Weld)
Project: Weld County Juvenile Diversion- Year 3
DCJ Grant #: 2020 -DV -20-30016-19
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. "I" for the first option)
Contractor
Insert Contractor's Full Legal Name, including
"Inc.", "LLC", etc...
Original Contract 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
Option Contract Number
Insert CMS number or Other Contract Number of this Option
Contract Performance Beginning Date
The later of the Effective Date or Month Day, Year
Current Contract Expiration Date
Month Day, Year
1. OPTIONS:
A.
B.
C.
D.
E.
Option to extend for an Extension Term
Option to change the quantity of Goods under the Contract
Option to change the quantity of Services under the Contract
Option to modify Contract rates
Option to initiate next phase of the Contract
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) Number of the Original Contract referenced above, the
State hereby exercises its option for an additional term, beginning Insert start date and ending on the current
contract expiration date shown above, at the rates stated in the Original Contract, as amended.
B. For use with Options 1(B and C): In accordance with Sections) Number of the Original Contract 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 Contract, as amended.
C. For use with Option 1(D): In accordance with Sections) Number of the Original Contract referenced above, the
State hereby exercises its option to modify the Contract rates specified in Exhibit/Section Number/Letter. The
Contract rates attached to this Option Letter replace the rates in the Original Contract 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 Contract 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 Contract Maximum Amount: The Contract Maximum Amount table
on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Contract Maximum
Amount table shown above.
3. OPTION EFFECTIVE DATE:
The effective date of this Option Letter is upon approval of the State Controller or
, whichever is later.
STATE OF COLORADO
Jared Polis, Governor
INSERT -Name of Agency or 1HE
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
Option Effective Date:
Exhibit A I
Page 1 of I
OSC1116 1 16
Grantee: District Attorney's Office, 19th Judicial District ( Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
EXHIBIT A2, SAMPLE 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. "I" 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
The later of the Effective Date or Month Day, Year
Current Contract Expiration Date
Month Day, Year
1. GRANT FUNDING CHANGE
In accordance with §Insert Section Number of the Original Grant referenced above, the State Agency listed above
commits the following funds to the grant:
A. The funding available for State Fiscal Year 20xx is Increased/Decreased by $Amount of Change, because Insert
Reason For Change.
B. The total funding avail for all State Fiscal Years as of the effective date of this Grant Funding Change Letter is
shown as the current contract maximum above.
2. TERMINOLOGY
All terminology used in this Grant Funding Change Letter shall be interpreted in accordance with the Original Grant
referenced above.
3. NO ORDER FOR WORK
This Grant Funding Change Letter modifies the available funding only and does not constitute an order or authorization
for any specific services or goods under the Grant.
4. GRANT FUNDING CHANGE LETTER EFFECTIVE DATE:
The effective date of this Grant Funding Change Letter is upon approval of the State Controller or , whichever is
later.
STATE OF COLORADO
Jared Polis, Governor
INSERT -Name of Agency or IHE
INSERT -Name & Title of Head of Agency or IHE
By: Name & Title of Person Signing for Agency or IHE
Date:
In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Name of Agency or IHE Delegate -Please delete if contract will be routed to OSC for approval
Grant Funding Change Letter Effective Date:
Exhibit A2
Page I of 1
OSCI116
Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
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 02/19
Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
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 02/19
Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
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.
2019 State Juvenile Diversion Grant Program Special Conditions
Exhibit C
Page 1 of 1 DCJ 02/19
Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
EXHIBIT D, STATEMENT OF WORK
Project Description:
A.) The Weld County District Attorney's Office Juvenile Diversion Program seeks to match first time
offenders with the appropriate level of services upon their first contact with law enforcement. The
program philosophy is that providing the proper services as soon as possible will best address a
juveniles needs and therefore, be a preventative measure in eliminating future law violations. Through
understanding the juvenile and the communities' needs, not all juveniles are appropriate for the low
level of supervision that Diversion provides; therefore, the program does not accept all juveniles
referred to the program. Diversion sanctions strive to repair the harm done to the juveniles'
community, including their school, neighborhood, trust with parents or guardians, and the victim.
Diversion participants receive case management and appropriate referrals to community -based
programs, which could include Restorative Justice. The Model Programs Guide recommends basic
case management and restorative justice principles for this population.
B.) The Weld County District Attorney's Office Diversion program is a pre -file Diversion program
with referrals coming from the Juvenile Unit of the District Attorney's Office. Cases are staffed at
intake and determined who will be offered Diversion. Cases determined eligible complete a Diversion
intake, case management, and referrals to community based agencies. After successful termination, the
case goes into a No File status in the CDAC database Action Viewer. Cases that are filed at intake and
are later determined to be Diversion eligible can still be referred. These cases are dismissed upon
intake to the Diversion program. The number of cases handled post -file and dismissed for Diversion
are increasing significantly as players in the courtroom are better versed in Diversion.
C.) At Diversion intake, juveniles complete intake paperwork, the MAYSI II and an intake interview.
The AUDIT (Alcohol Use Disorder Identification Test) and CUDIT (Cannabis Use Identification Test)
are used to gain more information on use patterns, when indicated. Implementing a supplemental
substance tool was a goal for January of 2016 and this AUDIT and CUDIT have been satisfactory. The
intake paperwork and interview are designed to determine suitability for service options, the level of
case management needed, and what referrals might be appropriate. The MAYSI II affirms the need for
treatment, and which type of treatment, will be included in the Diversion contract and referrals.
Substance and mental health treatment are referred to outside agents who complete a further
assessment.
While the MAYSI II and supplemental substance screens have been incredibly helpful in making
mental health and substance referrals, a risk level screening tool is also helpful. During the Center for
Juvenile Justice Reform (CJJR) Juvenile Diversion Certificate Program, the Arizona Risk/Needs
Assessment Instrument was presented as a part of training. While little further information has been
found, despite reaching out to people in Arizona with assistance from DCJ, this tool helps quantify the
risk level of the juveniles served. Using the results of the MAYSI and Arizona tool, a matrix was
established to determine risk and need level. These tools have been helpful in referencing where
juveniles scored on these screening tools and their ultimate outcomes.
D.) All first time offenders aged 10-17 will be considered for diversion services. Violent, drug related,
or sex offenses are not eligible. Juveniles with active gang affiliation are not eligible for services.
Exhibit D
Page 1 of3 DCJ 02/19
Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
Additionally, all cases that range from a petty offense to a class 3 felony are assessed for a referral to
Restorative Justice programming.
E.) Services provided are consistent with the findings of effective programs through the on -going DCJ
Diversion evaluation conducted by OMNI. Standardized screenings are used to evaluate the juvenile
and their family systems. An agreement is made based on these results. Appropriate referrals are made
to a wide network of community -based services which can include evidence based programs such as
Multi -Systemic therapy and Restorative Justice Conferencing. Many aspects of the program follow the
8 Principles for Effective Interventions when appropriate, specifically when addressing the Target
Interventions. Services are provided to this low -risk level cohort for a minimum of three months. All
participants receive case management, in varying degrees according to participant needs. The current
goal will be to divert 150 juveniles from traditional prosecution per year. This is done at a cost of
approximately $640 per juvenile per year. Steps that Diversion program staff take to aide a juvenile
case through the Diversion program include reviewing cases for acceptance, administration of mental
health and substance abuse screens, creation of a Diversion contract with a clear understanding that
contract items must be completed, maintaining records in CDAC and ETO databases, case
management, screening and submitting referrals for treatment needs or referral to Restorative Justice
conferencing, supervision and monitoring for compliance, and collecting and reporting data. If those
juveniles were to go through the traditional judicial process requiring the time of judges, court
personnel and probation officers, the cost to serve those juveniles would be significantly higher.
F.) In 2013, Weld County was named as a pilot project site in HB 13-1254. This pilot project evaluated
4 sites statewide as they used Restorative Justice Conferencing as a component of Diversion. The DA's
Office Diversion program has an MOU with a local non-profit program, Youth and Family
Connections, to offer RJ conferences to Diversion participants and reports on such to the Colorado
Restorative Justice Council. Current offerings by this agency include Conference Circles, ReStore
shoplifting conferences, and substance use group conferences. Some funding for diversion program
administration is provided by State RJ Council funds. Restorative Justice is wholly integrated within
our processes at this point.
G.) The structure of the Weld County Diversion program was built intentionally so that Diversion is
the least restrictive level of supervision for a juvenile who has committed a criminal offense. Diversion
follows the trends of the local probation department and educates prosecutors offering pleas to ensure
that Diversion remains the least restrictive option. If a juvenile were to be non -compliant with their
agreement, a meeting will be held where additional sanctions will be assigned. Frequently parents have
been consulted first and parents and the case manager work to help the juvenile come up with their
own graduated sanctions. If a new law violation has been committed or if despite efforts the juvenile is
still non -compliant, the case will be filed with the court and traditional prosecution ensues. As a matter
of graduated sanctions, the juvenile is required to proceed through the court process and face the
consequences of their initial criminal behavior and the issue of non-compliance with the diversion
program.
H.) Successful completion of the agreements are determined by the juvenile having provided proof that
the conditions have been complied with during the expected time frames with no new law violations
resulting in a delinquency filing. Upon verification of successful completion, the case receives no
file- status in the Colorado District Attorneys' Council database Action, noting completion of the
Exhibit D
Page 2 of 3 DCJ 02/19
Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
Diversion Program as an explanation for why charges are not filed. Cases that do not successfully
complete sanctions or where a new law violation occurs are filed with the Court and are prosecuted
accordingly.
Goals & Objectives:
GOAL 1
Coal Reduce the number of juvenile delinquency filings/cases by successfully diverting juveniles from the traditional
justice system.
Objective 1.1
Objective Interview juveniles referred to Diversion, screen using the MAYSI II. deliver appropriate sanctions and referrals, and
provide case management for Diversion clients.
Outcome 150 youth will be served; 100% of consenting youth will be screened with the MAYSI 11, 30% will be referred for a
formalized assessment, 75% of youth will receive services to which they are referred. 80% of youth will complete
their agreement, fewer than 15% of youth will reottend within one year of program completion.
Measurement ET0 Database, Excel Spreadsheet and client record. CDAC Action database and Colorado Courts Data Access
database.
Timeframe By June 30, 2020
Exhibit D
Page 3 of 3 DCJ 02/19
Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant #: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
EXHIBIT E, BUDGET
Budget Summary Requested/Awarded
Personnel
Supplies & Operating
Travel
Consultants / Contracts
Indirect
Total
Grant Funds
$ 93,934
$ 150
$ 525
$ 750
$0
$ 95,359
Cash Match
$ 31,311
$ 50
$ 175
$ 250
$0
$ 31,786
In -Kind Match
$0
$0
$0
$0
$0
$0
Match Total
$ 31,311
$ 50
$ 175
$ 250
$0
$ 31,786
Project Total
$ 125,245
$ 200
$ 700
$ 1,000
$0
$ 127,145
Personnel: Budget & Budget Narrative Details
Position Title and Name Annual Base Salary Annual %To Be Annual Annual %To Be Total Annual Total Base Cash In -Kind Match Total Match
Base Paid By hinge Fringe To Paid By Base Salary + Salary+ Match Committed to
Salary To Grant Be Paid Grant Fringe Fringe To this Project
Be Paid Funds By Grant Funds Be Paid By
By Grant Funds Grant
Funds Funds
Director of Diversion, Kirsta
Britton
Budget and Match
Narrative & Justification:
$ 84.064 $ 20,646 24.56% $ 35.837 $ 15.342 42.81 % $ 119,901 $ 35.988 $ 11.996 $ 0 $ 11.996
60% of time is spent on this project, 30% is being requested and 10% of the total salary will be provided as cash match. Salary is
based on the Counties scheduled pay scale and representative of 14 years program experience. Fringe is calculated by using the
following percentage of the salary: Social Security 7.65%, Unemployment Compensation .09%. workers compensation insurance
premium .08%, retirement and savings plan payments 10.75%. life insurance and accidental death and dismemberment .575%. health
insurance premium 11.8%, short and long term disability .5375%. vacation 4.61%. holiday 4.25% and sick time 2.30% for a total of
approximately 42.6%. An estimated 3% cost of living increase will likely occur January 2020 and is factored into requested amounts.
This increase will be for all County employee salaries. The current estimated pay rate for a similar local Director position is a base
salary near $95.000 plus fringe. A salary survey in 2016 shows the salary is less than other Diversion Directors in District Attorney's
Offices. This position does all administration, supervision, collaboration, and evaluation efforts for Diversion and is a member of the
DA's Office management team.
Case Manager, Erica Barraza
Budget and Match
Narrative & Justification:
$ 54,169 $ 40,627 75 % $ 23,092 $ 17,319 75% $ 77,261 $ 57.946 $ 19.315 $ 0 $ 19,315
The amount requested will fund 75% of the Case manager salary and 25% will be provided as cash match. Salary is based on the
Counties scheduled pay scale and is commensurate with experience. Fringe is calculated by using the following percentage of the
salary: Social Security 7.65%. Unemployment Compensation .09%, workers compensation insurance premium .08%, retirement and
savings plan payments 10.75%, life insurance and accidental death and dismemberment .575%. health insurance premium 11.8%.
short and long term disability .5375%, vacation 4.61%, holiday 4.25% and sick time 2.30% for a total of approximately 42.6%. An
estimated 3% cost of living increase will likely occur January 2020 and a county mandated 3°%o step increase based on time in position
and is factored into requested amounts. This increase will be for all County employee salaries. The case manager salary was set after
reviewing the pay rates of similar positions in the County and is also reflective of rates of pay for other Diversion counselors in the
state. per the 2016 salary survey. Complete job descriptions are attached as required.
Total
$ 138,233 $ 61,273 44 % $ 58,929 S 32,661 55 % S 197,162 $ 93,934 S 31,311 S 0 $ 31,311
Exhibit E
Page 1 oft DCJ 02/19
Grantee: District Attorney's Office, 19th Judicial District (Weld) DCJ Grant 4: 2020 -DV -20-30016-19
Project: Weld County Juvenile Diversion- Year 3
Non -Personnel: Budget & Budget Narrative Details
Budget Item Amount To Be Paid Cash
By Grant Funds Match
SUPPLIES & OPERATING
Office supplies $ I50 $ 50
Supplies & Operating Total $ 150 S 50
In -Kind
Match
$ 0
$ 0
Budget and Match Narrative and Justification
Line items to include office supplies are estimated to cost $200. which is a
decreased amount based on the office moving to a paperless system. Items to be
purchased will include receipt books ($35/year), business cards ($30/year).
calendars/planners ($35/year), dividers. paper, envelopes, and other general
office supplies (pens. paperclips. post -its, tablets. etc) to be replenished at a rate
of approximately $8.33/month. registration fees for training, and if needed.
school supplies for the juveniles participating in the program. This cost estimate
is based on the amount that we have historically used annually for these items.
Budget Item
Amount To Be Paid
Cash
In -Kind
Budget and Match Narrative and Justification
By Crant Funds
Match
Match
TRAVEL
In -state travel
$ 525
$ 175
$ 0
Anticipated travel costs include at least three trips to Denver for administrative
meetings or trainings with DCJ. Trainings are only attended when fiscally
prudent. Based on historical actual costs, mileage is estimated at the Weld
County reimbursement rate of1.296.30 miles at $.54/mile. It is estimated that
mileage and associated training and service costs will be $700.00, which is
slightly less than we are on pace to use in the current fiscal year.
Travel Total
S 525
S 175
S 0
CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES)
OMNI
$750
$250
$0
It is not anticipated that the diversion program will he contracting specifically
with an individual or business to provide direct services to the juvenile or their
families in the program. The exception is the required expense by DC.I for
OMNI and the ETO database.
Consultants/Contracts Total
S 750
$ 750
5 750
INDIRECT
N/A
$0
$0
$0
Indirect Total
$ 0
$ 0
$ 0
Total Non -Personnel
$ 1,425
$ 475
$ 0
Exhibit E
Page 2 of 2 DCJ 02/19
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