HomeMy WebLinkAbout20191559.tiffRESOLUTION
RE: APPROVE AWARD LETTER AND INTERGOVERNMENTAL AGREEMENT FOR 2019
PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANT FOR NORTHERN
COLORADO REGIONAL FORENSIC LABORATORY AND AUTHORIZE CHAIR TO
SIGN AND ELECTRONIC SUBMITTAL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Award Letter and Intergovernmental
Agreement for 2019 Paul Coverdell Forensic Science Improvement Grant for Northern Colorado
Regional Forensic Laboratory between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the
Colorado Department of Public Safety, Division of Criminal Justice, commencing January 1, 2019,
and ending December 31, 2019, with further terms and conditions being as stated in said award
letter and agreement, and
WHEREAS, after review, the Board deems it advisable to approve said award letter and
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 Award Letter and Intergovernmental Agreement for 2019 Paul
Coverdell Forensic Science Improvement Grant for Northern Colorado Regional Forensic Lab
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Sheriff's Office, and the Colorado Department
of Public Safety, Division of Criminal Justice, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign and electronically submit said award letter and agreement.
C_L SCCOF),Ac-v(Wco)
2019-1559
SO0040
RE: AWARD LETTER FOR INTERGOVERMENTAL GRANT FOR 2019 PAUL COVERDELL
FORENSIC SCIENCE IMPROVEMENT GRANT FOR NORTHERN COLORADO REGIONAL
FORENSIC LAB
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of April, A.D., 2019, nunc pro tunc January 1, 2019.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ATTEST: datitoj
Weld County Clerk to the Board
BY:
Deput to the Bo
APP
ttorney
Steve Moreno
Date of signature: 4-25-19
arbara Kirkmeyer,
EXCUSED
Mike Freeman, Pro -Tern
an P. Conway
C
2019-1559
SO0040
NORTHERN COLORADO REGIONAL FORENSIC
2329 115th Ave
GREELEY, COLORADO 634
(970)-400-3638
AA���'t N Col O
• 'ORI.•:NSle -
Memo
TO:
FROM:
Date:
Subject:
Weld County Commissioners
Daren Ford, NCRFL Director
04/22/19
2018-DN-18-4 Coverdell Grant Award
On 3/01/19, the Board signed a resolution to accept the funds from the Paul
Coverdell Science Improvement Federal Grant. The initial award was for
$19,501. Subsequently, $1400 in additional funds have been made available.
The Northern Regional Forensic Lab would like to accept the additional funds
brining the totaling funding from the grant to $20,951.
The additional funds will be used to send one analyst to an ISO accreditation
course expanding the auditing capabilities of the Northern Regional Forensic
Lab's staff.
020 91a
Grantee: Weld County
Project: NCRFL training in 2019
RECEIVED
MAY 1 4 2019
DCJ
DCJ Grant #: 2018-DN-18-4
GRANT AWARD LETTER (Intergovernmental Grant Agreement)
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
SIGNATURE AND COVER PAGE
State Agency
Colorado Department of Public Safety, Division of Criminal
Justice
DCJ Grant Number
2018-DN-18-4
CMS Number
N/A
Grantee
Weld County •
Grantee DUNS.
075757955
Grant Issuance Date (Start Date)
January 1, 2019
Current Grant Maximum Amount
Initial Term by Funding Source
Federal Award #2018-CD-BX-0028 $ 20,951
Total for All Federal Awards $ 20,95 I
Grant Expiration Date
December 31, 2019
Fund Expenditure End• Date
December 31, 2019
Grant Description
Funding for the Northern Colorado Regional Forensic Lab
(NCRFL) to train forensic scientists in their area of expertise
and the processing of electronic devices associated with the
illegal distribution of synthetic opioids in order to address
the concerns of the National Commission on Forensic
Sciences (NCFS).
Grantee Match Requirement $0.00
Is this Award for Research and Development
(R&D)? No
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Agreement represents and warrants that he or she is duly authorized to execute this Agreement and
to bind the Party authorizing his or her signature.
GRANTEE
County of Weld Colorado.
y: Barbara Kirkmeyer, ounty Comn1issioner Chair
Date: APR 2. 2 2019
STATE OF COLORADO
Jared S. Polis, Governor
Department of Public Safety
St it , Executive Director
Date: Ch 4/l
home, Director, Division of Criminal Justice
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
c:t<5,‘,c)\\I
By: L ontract and Grants Coordinator,
Department of Public Safety, Division of Criminal Justice
Effective Date:
q
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&2/9_ (559 (z)
Grantee: Weld County
Project: NCRFL training in 2019
DCJ Grant #: 2018-DN-18-4
Representatives for this Grant
For the State: -
For Grantee:
Joe Thome, Director
Barbara Kirkmeyer, County Commissioner Chair
Division of Criminal Justice
Weld County
Department of Public Safety
1 150 O Street
700 Kipling Street, Suite 1000
Denver, Colorado 80215-5897
Greeley, Colorado 80631-9596
Joe.Thome@state.co.us
bkirkmeyer@co.weld.co.us
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Award Office
U.S. Department of Justice, Office of Justice Programs, National Institute of Justice
CFDA
16.742 - Paul Coverdell Forensic Sciences Improvement Grant Program
Federal Award Number(s)
2018-CD-BX-0028
Federal Award Date
09/20/2018
Total Amount of Federal Award (this is
not the amount of this grant agreement)
$ 332,558
TABLE OF CONTENTS
SIGNATURE AND COVER PAGE I
I. GRANT 3
TERM 3
AUTHORITY 4
2.
3.
4. DEFINITIONS 4
5. PURPOSE 7
6. STATEMENT OF WORK 7
7. PAYMENTS TO GRANTEE 8
8. REPORTING - NOTIFICATION 9
9. GRANTEE RECORDS 9
10. CONFIDENTIAL INFORMATION -STATE RECORDS :10
11. CONFLICTS -OF INTEREST 11
12. INSURANCE ' 12
13. REMEDIES 12
14. DISPUTE;RESQLUTION 12
15. NOTICES AND REPRESENTATIVES 12
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 12
17. GOVERNMENTAL IMMUNITY 12
18. GENERAL PROVISIONS 13
EXHIBIT Al, SAMPLE OPTION LETTER I
EXHIBIT A2, SAMPLE GRANT FUNDING CHANGE LETTER 2
EXHIBIT B, GRANT REQUIREMENTS ,
EXHIBIT C, SPECIAL CONDITIONS
EXHIBIT D, FEDERAL REQUIREMENTS 1
EXHIBIT E, STATEMENT,OF WORK
EXHIBIT F, BUDGET
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Grantee: Weld County
Project: NCRFL training in 2019 DCJ Grant #: 2018-DN-18-4
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 A, 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 §7.C 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. 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.
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D. Additional Terms
The State, at its discretion, shall have the option to extend the performance under this
Agreement beyond the Initial Term for a period, or for successive periods, of 1 year or less
each successive period, at newly negotiated rates deemed necessary to meet any modification
to this Agreement as provided in §18.E.
3. AUTHORITY
Authority to enter into this Grant Award Letter exists in the law as follows:
A. Federal Authority
This Grant is funded, in whole or in part, with Federal funds awarded to the State by the
United States Department of Justice, Office of Justice Programs, National Institute of Justice
and is supported under FY18(NIJ - Coverdell Forensic Science Improvement) 34 USC
10561-10566; 28 USC 530C.
B. State Authority
The Division of Criminal Justice is authorized to disburse these funds by Colorado Revised Statute
24-33.503 and 507
4. 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. seg., C.R.S.
E. "Effective Date" means the date on which this Grant Award Letter is approved and signed
by the Colorado State Controller or designee, as shown on the Signature and Cover Page for
this Grant Award Letter.
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.
Grantee: Weld County
Project: NCRFL training in 2019 DCJ Grant #: 2018-DN-18-4
I. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this Grant
Award Letter.
J. "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.
K. "Exhibits" means the following exhibits attached to this Grant Award Letter:
i. Exhibit Al, Sample Option Letter.
ii. Exhibit A2, Sample Grant Funding Change Letter.
iii. Exhibit B, Grant Requirements.
iv. Exhibit C, Special Conditions.
v. Exhibit D, Federal Requirements.
vi. Exhibit E, Statement of Work.
vii. Exhibit F, Budget.
L. "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
M. "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.
N. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient. U.S. Department of Justice, Office of Justice Programs, National Institute of
Justice is the Federal Awarding Agency for the Federal Award which is the subject of this
Grant.
O. "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.
P. "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.
"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.
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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.
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 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 Paul Coverdell Forensic Science Improvement Grant Program (COV)
grant program that provides the funding for this Grant.
Y. "Recipient" means the State Agency shown on the first page of this Grant Award Letter, for
the purposes of the Federal Award.
Z. "Services" means the services to be performed by Grantee as set forth in this Grant Award
Letter, and shall include any services to be rendered by Grantee in connection with the Goods.
AA. "State Confidential Information" means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII, PHI,
PCI, Tax Information, CJI, and State personnel records not subject to disclosure under
CORA.
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.
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FF. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub -grantees.
GG. "Subgrantee" means third -parties, if any, engaged by Grantee to aid in performance of the
Work.
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.
II. "Tax Information" means Federal and State of Colorado tax information including, without
limitation, Federal and State tax returns, return information, and such other tax -related
information as may be protected by Federal and State law and regulation. Tax Information
includes, but is not limited to all information defined as Federal tax information in Internal
Revenue Service Publication 1075.
JJ. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200,
commonly known as the "Super Circular, which supersedes requirements from OMB
Circulars A-21, A-87, A -I 10, A-122, A-89, A-102, and A -I33, 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, any discovery or
invention, 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, sound recordings, 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.
5. PURPOSE
The Paul Coverdell Forensic Science Improvement Grant Program allows States and units of local
government to help improve the quality and timeliness of forensic science and medical examiner
services.This grant is specified in the federal grant award.
6. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit E, Statement of Work. The State shall have no liability to compensate
or reimburse Grantee for the delivery of any goods or the performance of any services that are not
specifically set forth in this Grant Award Letter.
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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.
Delivery/performance of the goods/service shall continue at the same rates and terms. If exercised,
the provisions of the Option Letter shall become part of and be incorporated into the original grant.
7. 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 Maximum
Amount on the first page of this Grant Award Letter. Financial obligations of the State
payable after the current State Fiscal Year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or
reimburse Grantee for any Work performed or expense incurred before the Grant Issuance
Date or after the Grant Expiration Date; provided, however, that Work performed and
expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active
Federal Award may be submitted for reimbursement as permitted by the terms of the Federal
Award.
B. Erroneous Payments
The State may recover, at the State's discretion, payments made to Grantee in error for any
reason, including, but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Grantee. The State may recover such payments by deduction
from subsequent payments under this Grant Award Letter, deduction from any payment due
under any other contracts, grants or agreements between the State and Grantee, or by any
other appropriate method for collecting debts owed to the State. The close-out of a Federal
Award does not affect the right of the Federal Awarding Agency or the State to disallow costs
and recover funds on the basis of a later audit or other review. Any cost disallowance recovery
is to be made within the Record Retention Period, as defined below.
C. 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 the State of the change and the State approves the change, the
change does not modify the total maximum amount of this Grant Award Letter, and the
change does not modify any requirements of the Work. The State shall reimburse Grantee for
the Federal share of properly documented allowable costs related to the Work after the State's
review and approval thereof, subject to the provisions of this Grant. The State shall only
reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the
Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee
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(i.e. the price paid minus any items of value received by Grantee that reduce the cost actually
incurred).
D. 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 5% of allowable costs until all final documentation has been submitted
and accepted by the State as substantially complete. If the Federal Awarding Agency has not
closed this Federal Award within 1 year and 90 days after the Grant Expiration Date due to
Grantee's failure to submit required documentation, then Grantee may be prohibited from
applying for new Federal Awards through the State until such documentation is submitted
and accepted.
8. REPORTING - NOTIFICATION
A. Quarterly Reports.
In addition to any Exhibit, for any Agreement having a term longer than 3 months, Grantee
shall submit, on a quarterly basis, a written report specifying progress made for each specified
performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall
be submitted to the State not later than 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.
DCJ requires the submission of a Quarterly Financial Report and Quarterly Narrative
(Programmatic) Report.
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 §7.D, containing an evaluation and review of Grantee's
performance and the final status of Grantee's obligations hereunder.
DCJ requires the submission of a Final Financial Report only if the last Quarterly Financial
Report did not reflect all expenditures. A Final Narrative (Programmatic) Report is required
for this Grant Award Letter.
C. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State and the Federal Awarding
Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal Award. The State or the Federal Awarding
Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31
U.S.C. 3321, which may include, without limitation, suspension or debarment.
9. 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
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to this Grant for a period of three (3) years following the completion of the close out of this
Grant. Grantee shall permit the State, the federal government and any other duly authorized
agent of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe all
such records during normal business hours at Grantee's office or place of business, unless the
State determines that an audit or inspection is required without notice at a different time to
protect the interests of the State.
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 by the Uniform Guidance, based on the State's risk analysis of
Grantee. The State shall monitor Grantee's performance in a manner that does not unduly
interfere with Grantee's performance of the Work. If Grantee enters into a subcontract or
subgrant with an entity that would also be considered a Subrecipient, then the subcontract or
subgrant entered into by Grantee shall contain provisions permitting both Grantee and the
State to perform all monitoring of that Subcontractor 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.
10. 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
including, without limitation: (i) the most recently promulgated IRS Publication 1075 for all
Tax Information, (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. Grantee shall immediately forward any request or demand for
State Records to the State's principal representative.
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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.
11. 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.
Page 11 of 15 Version 0717 (DCJ 09/07/18)
Grantee: Weld County
Project: NCRFL training in 2019 DCJ Grant #: 2018-DN-18-4
12. 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.
13. 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.
14. 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.
15. NOTICES AND REPRESENTATIVES
Each individual identified on page 2, "Representatives for this Grant" shall be the principal
representative of the designating 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 §15.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
The exception to this §16 is Work Products that contain criminal justice records where each
individual unit or agency will be subject to the rules and regulations.
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.
i. State Right to Use
The State has the right to use, duplicate and disclose, the above material in whole or in
part in any manner for any purpose whatsoever and authorize others to do so.
17. 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 GIA; 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
Page 12 of 15 Version 0717 (DCJ 09/07/18)
Grantee: Weld County
Project: NCRFL training in 2019 DCJ Grant #: 2018-DN-18-4
seq. C.R.S. No term or condition of this Grant Award Letter shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, or protections of any of these
provisions.
18. 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. 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. If the entity with whom Grantee enters into a subcontract or subgrant would also
be considered a Subrecipient, then the subcontract or subgrant entered into by Grantee shall
also contain provisions permitting both Grantee and the State to perform all monitoring of
that Subcontractor in accordance with the Uniform Guidance.
C. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
D. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to the
Work, oral or written, are merged into this Grant Award Letter.
E. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant
Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of
the updated letter. The Parties may also agree to modification of the terms and conditions of
the Grant in a formal amendment to this Grant, properly executed and approved in accordance
with applicable Colorado State law and State Fiscal Rules. Modifications permitted under
this Agreement, other than Agreement amendments, shall conform to the policies issued by
the Colorado State Controller.
i. The State may, at the State's discretion, use an Option Letter substantially equivalent
to Exhibit Al, Sample Option Letter to modify the grant terms. If exercised, the
Page 13 of 15 Version 0717 (DC.109/07/18)
Grantee: Weld County
Project: NCRFL training in 2019 DCJ Grant #: 2018-DN-18-4
provisions of the Option Letter shall become part of and be incorporated into the
original grant. An Option Letter may be used to perform the following grant actions:
a. Extend the term of the grant, at the same rates stated in this Agreement.
b. Increase or decrease the quantity of services of the grant, either at the same rates
stated in this Agreement or at modified rates outlined in the Option Letter.
ii. The State may, at the State's discretion, use a Grant Funding Change Letter
substantially equivalent to Exhibit A2, Sample Grant Funding Change Letter to
increase or decrease the amount of grant funds. If exercised, the provisions of the Grant
Funding Change Letter shall become part of and be incorporated into the original grant.
F. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply
with all applicable Federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
G. Order of Precedence
In the event of a conflict or inconsistency between this Grant Award Letter and any Exhibits
or attachment, such conflict or inconsistency shall be resolved by reference to the documents
in the following order of priority:
i. Exhibit C, Special Conditions.
ii. Exhibit D, Federal Requirements.
iii. The provisions of the other sections of the main body of this Agreement.
iv. Exhibit B, Grant Requirements.
v. Exhibit E, Statement of Work.
vi. Exhibit F, Budget
H. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant.
I. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the Grant
and shall be enforceable by the other Party.
J. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
Page 14 of 15 Version 0717 (DCJ 09/07/18)
Grantee: Weld County
Project: NCRFL training in 2019 DCJ Grant #: 2018-DN-I8-4
other than the Parties. Any services or benefits which third parties receive as a result of this
Grant are incidental to the Grant, and do not create any rights for such third parties.
K. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Grant Award
Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any
single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
L. Federal Requirements
Grantee shall comply with all applicable requirements of Exhibit D, Federal Requirements
at all times during the term of this Grant.
Page 15 of 15 Version 0717 (DCJ 09/07/18)
Grantee: Weld County
Project: NCRFL training in 2019
DCJ Grant #: 2018-DN-18-4
EXHIBIT Al, SAMPLE OPTION LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of the Original Contract
Current Agreement Maximum Amount
Initial Term
State Fiscal Year 20xx $0.00
Extension Terms
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
Option Agreement Number
Insert CMS number or Other Contract Number of this Option
Agreement Performance Beginning Date
The later of the Effective Date or Month Day, Year
Current Agreement Expiration Date
Month Day, Year
1.
OPTIONS:
A. Option to extend for an Extension Term
B. Option to change the quantity of Goods under the Agreement
C. Option to change the quantity of Services under the Agreement
D. Option to modify Agreement rates
E. Option to initiate next phase of the Agreement
2. REQUIRED PROVISIONS:
F.
For use with Option 1(A): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current
Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended.
G. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the
rates stated in the Original Agreement, as amended.
H. For use with Option 1(D): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter.
The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option
Effective Date of this Option Letter.
I. For use with Option 1(E): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert
start date and end on Insert ending date at the cost/price specified in Section Number.
J. For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount
table on the Agreement's Signature and Cover Page is hereby deleted and replaced with the Current Agreement
Maximum Amount table shown above.
3. OPTION EFFECTIVE DATE:
K. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT -Name of Agency or IHE
INSERT -Name & Title of Head of Agency or IHE
By: Name & Title of Person Signing for Agency or 1HE
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
Page 1 of 2
Grantee: Weld County
Project: NCRFL training in 2019
DCJ Grant #: 2018-DN-18-4
EXHIBIT A2, SAMPLE GRANT FUNDING CHANGE LETTER
State Agency
Colorado Department of Public Safety
Original Grant Number
DCJ Grant Number: Insert DCJ grant number
CMS Number: Insert CMS number if applicable or NA
Grantee
Insert Grantee's Full Legal Name, including "Inc.", "LLC",
etc...- This must match original contract
Change Letter CMS Number
Insert Change Letter CMS number or NAlnsert CMS
number or Other Contract Number of the Original Contract
Current Grant 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 Performance Beginning Date
Insert Original Begin Date- Month Day, Year
Current Grant Expiration Date
Month Day, Year
Grantee Match Requirement $0.00
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 S. Polis, Governor
Colorado Department of Public Safety
Stan Hilkey, Executive Director
Date:
By: Joe Thome, Director, Division of Criminal Justice
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, Colorado Department of Public Safety,
Division of Criminal Justice, Contracts and Grants
Coordinator
Grant Funding Change Letter Effective
Date:
Exhibit A
Page 2 of 2
Grantee: Weld County
Project: NCRFL training in 2019 DCJ Grant #: 2018-DN-18-4
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 I of 2
Grantee: Weld County
Project: NCRFL training in 2019 DCJ Grant #: 2018-DN-18-4
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
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 §2.D and §18.E in the body of the Grant Award
Letter.
Exhibit B Page 2 of 2
Grantee: Weld County
Project: NCRFL training in 2019 DCJ Grant #: 2018-DN-18-4
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.
2018 - Paul Coverdell Forensic Science Improvement Grant Program Special Conditions
Exhibit C Page 1 of 1
Grantee: Weld County
Project: NCRFL training in 2019 DCJ Grant #: 2018-DN-18-4
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.
2018 Federal Requirements
Exhibit D Page 1 of 1
Grantee: Weld County
Project: NCRFL training in 2019 DCJ Grant #: 2018-DN-18-4
EXHIBIT E, STATEMENT OF WORK
Project Plan
Digital Media: The lab has identified an individual that will receive training in Cell phone forensics so as to add to the
number of DME individuals that will be able to process cell phones. We have identified a class that is essential in training
this individual to perform cell phone forensics. Once training has been completed the analyst will return, complete any
competency tests needed and begin applying the knowledge gained to present case work. Additionally, one DME analyst
will be sent to training in February to become an ISO 17025 assessor in DME.
The lab will also be training a new DME analyst in computer forensics and will need to have this individual up and running
as soon as possible. We have a need in this area to assist agencies as they work to identify those involved in the sale and
distribution of synthetic opioids and other illegal drugs. We have identified training in the use of EnCase software that is
used to view electronic devices involved in these type of requests as well as others cases involving the use of electronic
devises for illegal purposes, such as the exploitation of children and human trafficking.
Latent Prints: The laboratory has identified a class that speaks specifically to the concerns of the latent print community
regarding the issues addressed in the NAS and PCAST reports as well as other national reports. I have been working
directly with Ron Smith and Associates to host a class that will address those concerns and provide training to local
fingerprint examiners in the mountain time zone region. The lab will work with Ron Smith and Associates to set up the
class in Northern Colorado in 2019. We are in contact with other labs in the region to assure they have examiners that will
attend. This class will address the issues and provide insight for examiners as they process casework and prepare for court.
In addition, the CE credits earned from this class have been approved for either certification or recertification.
Latent Prints: The laboratory has two new latent print examiners that need some additional training within their discipline
to continue to expand their KSA. Both classes are approved as CE credits for certification/recertification.
Goals & Objectives
GOAL 1
Goal Provide training to our Laboratory staff in areas that will continue to improve the quality of service and also aid in
their certification or recertification needs.
Objective 1.1
Objective Have a DME examiner participate in cell phone and computer forensic classes that would lead to IACIS certification.
Outcome The Regional lab would register and have the DME examiner(s) complete the online Cellebrite class, sign up and
complete the EnCase training and IACIS certification training in 2019.
Measurement Register the analyst for the classes. The analyst(s) would complete the classes, and pass any tests required of the
training. Once the class is completed they would fulfill any lab mandated competency testing and then begin
processing cases once they have been authorized by the technical leader.
Timeframe Register for the classes in early 2019. Complete the training and then start applying the knowledge gained.
Objective 1.2
Objective Serve as the host for a latent print examiners class that addresses the concerns raised with the PCAST report.
Outcome Work directly with Ron Smith & Associates to host a class in 2019 that would allow for our examiners to attend and
receive this training.
Exhibit E
Page I of 2
Grantee: Weld County
Project: NCRFL training in 2019
DCJ Grant 4: 2018-DN-18-4
Measurement Host the class. Have all the examiners attend the class and complete all required testing.
Timeframe Complete training in spring/summer of 2019.
Objective 1.3
Objective Have the latent print examiners attend a class in latent print analysis through Ron Smith & Associates. To be
identified in 2019 according to their needs at that time
Outcome The class is identified in early 2019; registration is made: individual attends the class: individual passes any exams
and brings the KSA back to the lab to apply to case work.
Measurement I. The class is identified in early 2019
2. Registration is made. 3. Individual attends the class.
4. Individual passes any exams.
Timeframe To be completed in 2019, preferably before September 30, 2019.
GOAL 2
Goal Have one of the DME examiners attend ISO 17025 Assessor training
Objective 2.1
Objective Send one DME examiner to ISO 17025 assessor training to assist in the ANAB lab assessment in 2019
Outcome Have then attend the training in Las Vegas Feb 4-8, 2019 and successfully complete the required testing to become
an assessor.
Measurement Successfully complete the test to become a ISO 17025 Assessor.
Timeframe February 28, 2019.
Exhibit E Page 2 of 2
Grantee: Weld County
Project: NCRFL training in 2019
DCJ Grant #: 2018-DN- 18-4
EXHIBIT F, BUDGET
Budget Summary
Personnel
Supplies & Operating
Travel
Equipment
Consultants / Contracts
Indirect
Total
Grant Funds
$0
$ 14,195
$ 6,756
$0
$0
$0
$ 20,951
Project Total
$0
$ 14,195
$ 6,756
$0
$0
$0
$ 20,951
Personnel: Budget & Budget Narrative Details
Position Title Annual Annual Base Salary
Base To Be Paid By Grant
Salary Funds
%To Be Annual
Paid By Fringe
Grant
Funds
Annual % To Be Total Total OT -
Fringe To Paid By Annual Base Annual
Be Paid By Grant Base Salary+ Base
Grant Funds Salary+ Fringe To Salary
Funds Fringe Be Paid
By Grant
Funds
OT- OT -
Annual Annual
Base Fringe
Salary To
Be Paid By
Grant
Funds
OT- Total To Be
Annual Paid By
Fringe To Grant Funds
Be Paid By (induding
Grant overtime)
Funds
N/A
Budget Narrative
and Justification:
Total
Non -Personnel: Budget & Budget Narrative Details
Budget Item Amount To Be Paid By Budget Narrative and Justification
Grant Funds
SUPPLIES & OPERATING
On line Cellebrite class
lab to Courtroom class
Ron Smith class latent pr
Ron Smith class latent pr
Encase training passport
IACIS certification train
Supplies & Operating Total
$ 1,295 The DME section uses Cellebrite as its primary means of examining cell phones
for data associated with forensic cases. This training would allow for a new DME
analyst in the lab to take this online class as part of their initial training in the
DME section. The bulk of our work in computer forensics is with cell phone
submissions so having this individual trained will aid in reducing the backlog in
cell phones in the lab.
$ 2,400 The regional lab would serve as host of the event thereby saving the travel costs
associated with sending analysts out of state. This training would meet the needs
of the lab by providing the knowledge needed to prepare the examiners for the
questions they will be asked required latent prints. These questions are being
raised as a result of the NAS study and the PCAS report.
$ 600 This specific training will be provided to our one of the two newest analysts to
help them be more proficient in the latent prints examinations.
$ 600 This specific training will be provided to our one of the two newest analysts to
help them be more proficient in the latent prints examinations.
$ 6,500 The passport allows for 9 on demand classes to be taken.
$ 2,800 This computer forensic cetification class is the first (mandatory) step in the
process of obtaining certification with IACIS.
$ 14,195
Exhibit F
Page 1 of 2
Grantee: Weld County
Project: NCRFL training in 2019
DCJ Grant #: 2018-DN-18-4
Budget Item
TRAVEL
Ron Smith class
Ron Smith class
IACIS certification train
ISO IEC 17025:2017 Assess
Travel Total
Amount To Be Paid By Budget Narrative and Justification
Grant Funds
$ 1,706 Air fare $ 386, Car rental $350, Per diem $54 x 5 days = $270 and hotel $140 x 5 days =
$700
$ 1,706 Air fare $ 386, Car rental $350. Per diem $54 x 5 days = $270 and hotel $140 x 5 days =
$700
$ 1,894 Air fare $ 400, Per diem $49.50 x 12 days = $594 and hotel $75 x 12 days = $900
$ 1,450 Air fare $ 402, Per diem $64 x 4 days + 48 X 2 = $352 and hotel $106 x 6 days = $636
parking 6 x 10=6
$ 6,756
EQUIPMENT
N/A
$ 0
Equipment Total
$ 0
CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES)
N/A
$ 0
Consultants/Contracts Total
$ 0
INDIRECT
N/A
$ 0
Indirect Total
$ 0
Total Non -Personnel
$ 20,951
Exhibit F Page 2 of 2
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
2018 FEDERAL REQUIREMENTS
2018 FEDERAL REQUIREMENTS 1
1. ENSURING COMPLIANCE OF SUBGRANTEES (SUBRECIPIENTS) 2
2. GENERAL CONDITIONS 2
A. Requirements of the award; remedies for non-compliance or for materially false statements 2
B. Applicability of Part 200 Uniform Requirements 3
C. Compliance with DOJ Grants Financial Guide 3
D. Reclassification of various statutory provisions to a new Title 34 of the United States Code — NEW Federal
Requirement 2018 3
E. Requirements related to "de minimis" indirect cost rate 4
F. Requirement to report potentially duplicative funding 4
G. Requirements related to System for Award Management and Universal Identifier Requirements 4
H. Requirement to report actual or imminent breach of personally identifiable information (PII) — NEW Federal
Requirement 2018 5
I. All subawards ("subgrants") must have DCJ authorization 5
J. Specific post -award approval required to use a noncompetitive approach in any procurement contract 5
K. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
requirements and OJP or OVW authority to terminate award) 5
L. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings,
trainings, and other events 6
M. Requirement for data on performance and effectiveness under the award 6
N. Training Guiding Principles 6
O. Effect of failure to address audit issues 6
P. Potential imposition of additional requirements 7
Q. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 7
R. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 7
S. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 7
T. Restrictions on "lobbying" 7
U. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2018) 8
V. Reporting potential fraud, waste, and abuse, and similar misconduct 10
W. Restrictions and certifications regarding non -disclosure agreements and related matters 10
X. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) 11
Y. Encouragement of policies to ban text messaging while driving 12
Z. Right to examine documents 12
AA. Maintaining contact information 12
3. FINANCIAL REQUIREMENTS 12
A. Non -supplanting of State and local funds 12
B. Awards in excess of $5,000,000 - Certification related to federal taxes 13
Page 1 of 18 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
C. Misuse of award funds 13
D. Limitation on use of funds to approved activities 13
4. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH OJP AWARDS 13
A. Civil rights laws and nondiscrimination provisions 13
B. Providing Services to Limited English Proficiency (LEP) Individuals 14
C. Ensuring Equal Treatment for Faith -Based Organizations and Safeguarding Constitutional Protections
Related to Religion 14
D. Ensuring Access to Federally Assisted Programs 15
E. Enforcing Civil Rights Laws 15
F. Using Arrest and Conviction Records in Making Employment Decisions 15
G. Complying with the Safe Streets Act 16
H. Meeting the EEOP Requirement 16
I. Meeting the Requirement to Submit Findings of Discrimination 16
J. Ensuring the Compliance of Subrecipients/Subgrantees 16
K. Certification 16
5. OVW GRANTS ONLY 17
A. Compliance with statutory and regulatory requirements 17
B. VAWA 2013 nondiscrimination condition 17
C. Confidentiality and information sharing 17
D. Activities that compromise victim safety and recovery and undermine offender accountability 17
E. Termination or suspension for cause 18
1. ENSURING COMPLIANCE OF SUBGRANTEES (SUBRECIPIENTS)
Grantee is responsible for notifying any subgrantee (subrecipient), issued under this grant, of all
provisions herein. Grantee is responsible for monitoring any subgrantee (subrecipient) for compliance all
the provisions herein.
2. GENERAL CONDITIONS
A. Requirements of the award; remedies for non-compliance or for materially false
statements
The conditions of this award are material requirements of the award. Compliance with any
certifications or assurances submitted by or on behalf of the grantee that relate to conduct
during the period of performance also is a material requirement of this award.
Failure to comply with any one or more of these award requirements -- whether a condition
set out in full below, a condition incorporated by reference below, or a certification or
assurance related to conduct during the award period -- may result in the Office of Justice
Programs ("OJP"), the Office on Violence Against Women (OVW), or the Division of
Criminal Justice (DCJ) taking appropriate action with respect to the grantee and the award.
Among other things, the OJP, OVW and/or DCJ may withhold award funds, disallow
costs, or suspend or terminate the award. The Department of Justice ("DOJ"), including
OJP and OVW, and DCJ, also may take other legal action as appropriate.
Page 2 of 8 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
Any materially false, fictitious, or fraudulent statement to the federal government related to
this award (or concealment or omission of a material fact) may be the subject of criminal
prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273),
and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable
by its terms, that provision shall first be applied with a limited construction so as to give it
the maximum effect permitted by law. Should it be held, instead, that the provision is
utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
B. Applicability of Part 200 Uniform Requirements
Grantee agrees to comply with the Uniform Administrative Requirements, Cost Principles,
and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2
C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2018
award.
For more information and resources on the Part 200 Uniform Requirements as they relate
to OJP and OVW awards and subawards ("subgrants"), see the OJP website at
https://oip.gov/funding/Part200UniformRequirements.htm, or the OVW website at
https://wvvw.justice.gov/ovw/grantees.
Record retention and access: Records pertinent to the award that the grantee (and any
subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from
the date of submission of the final Financial Report (DCJ Form 1-A), unless a different
retention period applies (see equipment retention requirements)-- and to which the grantee
(and any subrecipient ("subgrantee") at any tier) must provide access, include performance
measurement information, in addition to the financial records, supporting documents,
statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award -related question arises from documents or other materials
prepared or distributed by OJP or OVW that may appear to conflict with, or differ in some
way from, the provisions of the Part 200 Uniform Requirements, the grantee is to contact
DCJ promptly for clarification.
C. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as
posted on the Office of Justice Programs OJP website (currently, the "DOJ Grants
Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any
updated version that may be posted during the period of performance. The grantee agrees
to comply with the DOJ Grants Financial Guide.
D. Reclassification of various statutory provisions to a new Title 34 of the United States
Code — NEW Federal Requirement 2018
On September 1, 2017, various statutory provisions previously codified elsewhere in the
U.S. Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law
Enforcement." The reclassification encompassed a number of statutory provisions pertinent
Page 3 of 18 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
to OJP awards (that is, OJP grants and cooperative agreements), including many provisions
previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory
provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a
reference to that statutory provision as reclassified to Title 34. This rule of construction
specifically includes references set out in award conditions, references set out in material
incorporated by reference through award conditions, and references set out in other award
requirements.
E. Requirements related to "de minimis" indirect cost rate
A grantee that is eligible under the Part 200 Uniform Requirements and other applicable
law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that
elects to use the "de minimis" indirect cost rate, must comply with all associated
requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied
only to modified total direct costs (MTDC) as defined by the Part 200 Uniform
Requirements.
F. Requirement to report potentially duplicative funding
If the grantee currently has other active awards of federal funds, or if the grantee receives
any other award of federal funds during the period of performance for this award, the
grantee promptly must determine whether funds from any of those other federal awards
have been, are being, or are to be used (in whole or in part) for one or more of the identical
cost items for which funds are provided under this award. If so, the grantee must promptly
notify DCJ in writing of the potential duplication, and, if so requested by DCJ, must seek a
budget -modification and/or change in Statement of Work and/or change in Statement of
Work to eliminate any inappropriate duplication of funding.
G. Requirements related to System for Award Management and Universal Identifier
Requirements
The grantee must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at https://www.sam.gov/. This includes
applicable requirements regarding registration with SAM, as well as maintaining the
currency of information in SAM.
The grantee also must comply with applicable restrictions on subawards ("subgrants") to
first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to
entities that do not acquire and provide (to the grantee) the unique entity identifier required
for SAM registration.
The details of the grantee's obligations related to SAM and to unique entity identifiers are
posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm and OVW's
website https://www.justice.gov/ovw/grantees (Award condition: System for Award
Management (SAM) and Universal Identifier Requirements), and are incorporated by
reference here.
This condition does not apply to an award to an individual who received the award as a
natural person (i.e., unrelated to any business or non-profit organization that he or she may
own or operate in his or her name).
Page 4 of 18 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
H. Requirement to report actual or imminent breach of personally identifiable
information (PII) — NEW Federal Requirement 2018
The grantee (and any "subrecipient" at any tier) must have written procedures in place to
respond in the event of an actual or imminent "breach" (as defined in OMB M-17-12) if it
(or a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates,
discloses, or disposes of "personally identifiable information (PII)" (as defined in 2 CFR
200.79) within the scope of an OJP grant -funded program or activity, or 2) uses or operates
a "Federal information system" (as defined in OMB Circular A-130). The grantee's breach
procedures must include a requirement to report actual or imminent breach of PII to an
OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or
the detection of an imminent breach.
I. All subawards ("subgrants") must have DCJ authorization
The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements for authorization of any subaward. This condition applies to
agreements that -- for purposes of federal grants administrative requirements -- OJP
considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP
web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm or OVW web site
at https://www.justice.gov/ovw/award-conditions (Award condition: All subawards
("subgrants") must have specific federal authorization), and are incorporated by reference
here.
J. Specific post -award approval required to use a noncompetitive approach in any
procurement contract
The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements to obtain specific advance approval to use a noncompetitive
approach in any procurement contract. This condition applies to agreements that -- for
purposes of federal grants administrative requirements — OJP or OVW considers a
procurement "contract" (and therefore does not consider a subaward).
K. Requirements pertaining to prohibited conduct related to trafficking in persons
(including reporting requirements and OJP or OVW authority to terminate award)
The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements (including requirements to report allegations) pertaining to
prohibited conduct related to the trafficking of persons, whether on the part of grantees,
subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as
"employees" of the grantee or of any subrecipient.
The details of the grantee's obligations related to prohibited conduct related to trafficking
in persons are posted on the OJP web site at
https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm or OVW web site at
https://wvvw.justice.gov/ovw/grantees (Award condition: Prohibited conduct by grantees
and subrecipients related to trafficking in persons (including reporting requirements and
OJP or OVW authority to terminate award)), and are incorporated by reference here.
Page 5 of 18 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
L. Compliance with applicable rules regarding approval, planning, and reporting of
conferences, meetings, trainings, and other events
The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable laws, regulations, policies, and official DOJ guidance (including specific cost
limits, prior approval and reporting requirements, where applicable) governing the use of
federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of
attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this
award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward
Requirements" in the "DOJ Grants Financial Guide"). Information on the pertinent DOJ
definition of conferences and the rules applicable to this award appears on the OVW
website at https://www.justice.gov/ovw/conference-planning.
M. Requirement for data on performance and effectiveness under the award
The grantee and subrecipients ("subgrantees") must collect and maintain data that measure
the performance and effectiveness of work under this award. The data must be provided to
DCJ and/or OVW and/or OJP in the manner (including within the timeframes) specified by
DCJ in the program solicitation or other applicable written guidance. Data collection
supports compliance with the Government Performance and Results Act (GPRA) and the
GPRA Modernization Act of 2010, and other applicable laws.
Recipients of OVW grant dollars Under the Government Performance and Results Act
(GPRA), VAWA 2000 and subsequent legislation grantees and subgrantees are required to
collect the information that is included on the Measuring Effectiveness Progress Reports
for the OVW Program under which this award is funded.
N. Training Guiding Principles
Any training or training materials that the grantee -- or any subrecipient ("subgrantee") at
any tier -- develops or delivers with OJP or OVW award funds must adhere to the federal
awarding agency (OJP or OVW, as appropriate) Training Guiding Principles for Grantees
and Subgrantees, available at
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm, and
the OVW Training Guiding Principles for Grantees and Subgrantees, are available at
https://www.justice.gov/ovw/resources-and-faqs-grantees.
O. Effect of failure to address audit issues
The grantee understands and agrees that DCJ or the DOJ awarding agency (OJP or OVW,
as appropriate) may withhold award funds, or may impose other related requirements, if
(as determined by the DCJ or the DOJ awarding agency) the grantee does not satisfactorily
and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the terms of this award), or other outstanding issues that arise in
connection with audits, investigations, or reviews of DOJ awards.
Page 6 of 18 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
P. Potential imposition of additional requirements
The grantee agrees to comply with any additional requirements that may be imposed by
DCJ during the period of performance for this award, if the grantee is designated as "high -
risk".
Q. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination
28 C.F.R. Part 42
The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 42, specifically including any applicable
requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment
opportunity program.
R. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination
28 C.F.R. Part 54
The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the
basis of sex in certain "education programs."
S. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination
28 C.F.R. Part 38
The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements of 28 C.F.R. Part 38, specifically including any applicable
requirements regarding written notice to program beneficiaries and prospective program
beneficiaries.
Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief, a refusal to hold a religious
belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules
and requirements that pertain to grantee and subrecipient ("subgrantee") organizations that
engage in or conduct explicitly religious activities, as well as rules and requirements that
pertain to grantees and subrecipients that are faith -based or religious organizations.
The text of the regulation, now entitled "Partnerships with Faith -Based and Other
Neighborhood Organizations," is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov/cgibin/ECFR?page=browse), by browsing to
Title 28 -Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
T. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP or OVW may not be
used by the grantee, or any subrecipient ("subgrantee") at any tier, either directly or
indirectly, to support or oppose the enactment, repeal, modification, or adoption of any
law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be
exceptions if an applicable federal statute specifically authorizes certain activities that
otherwise would be barred by law.)
OVW funded grants only: The grantee, or any subrecipient ("subgrantee") may,
however, use federal funds to collaborate with and provide information to federal,
state, local, tribal and territorial public officials and agencies to develop and implement
Page 7 of 18 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
policies and develop and promote state, local, or tribal legislation or model codes
designed to reduce or eliminate domestic violence, dating violence, sexual assault, and
stalking (as those terms are defined in 34 U.S.C. 12291(a)) when such collaboration
and provision of information is consistent with the activities otherwise authorized
under this grant program.
Another federal law generally prohibits federal funds awarded by OJP or OVW from being
used by the grantee, or any subrecipient at any tier, to pay any person to influence (or
attempt to influence) a federal agency, a Member of Congress, or Congress (or an official
or employee of any of them) with respect to the awarding of a federal grant or cooperative
agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as
renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain
exceptions to this law apply, including an exception that applies to Indian tribes and tribal
organizations.
Should any question arise as to whether a particular use of federal funds by a grantee (or
subrecipient) would or might fall within the scope of these prohibitions, the grantee is to
contact DCJ for guidance, and may not proceed without the express prior written approval
of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate).
U. Compliance with general appropriations -law restrictions on the use of federal funds
(FY 2018)
The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable restrictions on the use of federal funds set out in federal appropriations statutes.
Pertinent restrictions, including from various "general provisions" in the Consolidated
Appropriations Act, 2018, are set out below, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a grantee (or a
subrecipient) would or might fall within the scope of an appropriations -law restriction, the
grantee is to contact DCJ for guidance, and may not proceed without the express prior
written approval of DCJ and the DOJ awarding agency (OJP or OVW, as appropriate).
Background. The federal appropriations statutes that provide (among many other things)
the funds that OJP awards in its grants and cooperative agreements include various
restrictions on how the federal appropriated funds may be used. These restrictions, which
often appear in sets of "General Provisions," typically do not relate to a particular program,
or even to a particular agency such as OJP or OVW. Rather, they are wide-ranging, "cross-
cutting" restrictions.
OVW funded grants only: Pertinent restrictions, for each fiscal year, are set out at
https://www.justice.gov/ovw/award-conditions (Award Condition: General appropriations -
law restrictions on use of federal award funds), and are incorporated by reference here.
These do not supersede any specific conditions in this award document.
Award Condition: Each recipient of an OJP or OVW award made in FY 2018, and any
subrecipient ("subgrantee") at any tier under an OJP or OVWaward made in FY 2018,
must comply with all applicable restrictions, as set out below.
Restrictions applicable to all federal funds awarded in FY 2018
Page 8 of I8 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
1. Publicity or propaganda. Federal funds are not legally available, and may not be used
(whether directly or indirectly, including by private contractors), for publicity or
propaganda purposes not authorized by the Congress.
2. Certain employee trainings. Federal funds are not legally available, and may not be
used, for any employee training that --
a. does not meet identified needs for knowledge, skills, and abilities bearing directly
upon the performance of official duties;
b. contains elements likely to induce high levels of emotional response or
psychological stress in some participants;
c. does not require prior employee notification of the content and methods to be used
in the training and written end -of -course evaluation;
d. contains any methods or content associated with religious or quasi -religious belief
systems or "new age" belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
e. is offensive to, or designed to change, participants' personal values or lifestyle
outside the workplace.
Nothing in this provision prohibits, restricts, or otherwise precludes an agency from
conducting training bearing directly upon the performance of official duties.
3. Nondisclosure policies, forms, and agreements.
a. General rule - Federal funds are not legally available, and may not be used, to
implement or enforce any nondisclosure policy, form, or agreement, if such policy,
form, or agreement does not contain the following provisions:
"These provisions are consistent with and do not supersede, conflict with,
or otherwise alter the employee obligations, rights, or liabilities created by
existing [federal] statute or Executive order relating to: (1) classified
information; (2) communications to Congress; (3) the reporting to an
Inspector General of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority, or a
substantial and specific danger to public health or safety; or (4) any other
whistleblower protection. The definitions, requirements, obligations,
rights, sanctions, and liabilities created by controlling Executive orders
and [federal] statutory provisions are incorporated into this agreement and
are controlling."
Notwithstanding the above provision, a nondisclosure policy, form, or agreement
that is to be executed by a person connected with the conduct of an intelligence or
intelligence -related activity, other than an employee or officer of the United States
Government, may contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information received in the
course of such activity unless specifically authorized to do so by the United States
Government. Such nondisclosure forms shall also make it clear that they do not
bar disclosures to Congress, or to an authorized official of an executive agency or
Page 9 of 18 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
the United States Department of Justice, that are essential to reporting a
substantial violation of law.
b. Certain exceptions. Under certain circumstances, a nondisclosure agreement that
does not contain the provisions set out in subsection (a) above nevertheless may
continue to be implemented and enforced. Should a question arise as to whether an
exception to the general rule set out in subsection (a) may be available for a
particular nondisclosure agreement, the recipient is to contact OJP for guidance,
and the recipient may not use federal funds to implement, continue to implement,
or enforce the nondisclosure agreement without the express prior written approval
of OJP.
4. ACORN and related organizations. Absent express prior written approval from OJP,
federal funds may not be provided to the Association of Community Organizations for
Reform Now (ACORN), or any of its affiliates, subsidiaries, allied organizations, or
successors.
V. Reporting potential fraud, waste, and abuse, and similar misconduct
The grantee and any subrecipients ("subgrantees") at any tier must promptly refer to the
DOJ Office of the Inspector General (OIG) any credible evidence that a principal,
employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection
with funds under this award -- (1) submitted a claim that violates the False Claims Act; or
(2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award
should be reported to the OIG by-- (1) mail directed to: Office of the Inspector General,
U.S. Department of Justice, Investigations Division,
1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ
OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or
(202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at
https://oig.justice.gov/hotline.
W.Restrictions and certifications regarding non -disclosure agreements and related
matters
No grantee or subrecipient ("subgrantee") under this award, or entity that receives a
procurement contract or subcontract with any funds under this award, may require any
employee or contractor to sign an internal confidentiality agreement or statement that
prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement
representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this
award, to contravene requirements applicable to Standard Form 312 (which relates to
classified information), Form 4414 (which relates to sensitive compartmented
Page 10 of 18 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
I. In accepting this award, the grantee —
a. represents that it neither requires nor has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit or
otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees
or contractors to execute agreements or statements that prohibit or otherwise
restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as
described above, it will immediately stop any further obligations of award funds,
will provide prompt written notification to the federal agency making this award,
and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
2. If the grantee does or is authorized under this award to make subawards ("subgrants"),
procurement contracts, or both --
a. it represents that --
(1) it has determined that no other entity that the grantee's application
proposes may or will receive award funds (whether through a subaward
("subgrant"), procurement contract, or subcontract under a procurement contract)
either requires or has required internal confidentiality agreements or statements
from employees or contractors that currently prohibit or otherwise currently restrict
(or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual
basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or
subcontractor entity that receives funds under this award is or has been requiring
its employees or contractors to execute agreements or statements that prohibit or
otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or
abuse as described above, it will immediately stop any further obligations of award
funds to or by that entity, will provide prompt written notification to the federal
agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
X. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to
employees)
The grantee (and any subrecipient at any tier) must comply with, and is subject to, all
applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit,
under specified circumstances, discrimination against an employee as reprisal for the
employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial
Page I I of 18 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal grant.
The grantee also must inform its employees, in writing (and in the predominant native
language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this
award, the grantee is to contact the DCJ or DOJ awarding agency (OJP or OVW, as
appropriate) for guidance.
Y. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging
While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages grantees and
subrecipients ("subgrantees") to adopt and enforce policies banning employees from text
messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and
other outreach to decrease crashes caused by distracted drivers.
Z. Right to examine documents
The grantee, and any subrecipient ("subgrantee") at any tier, must authorize the DCJ or
DOJ awarding agency (OJP or OVW, as appropriate) and/or the Office of the Chief
Financial Officer (OCFO), and its representatives, access to and the right to examine all
records, books, paper, or documents related to this grant.
AA. Maintaining contact information
The grantee acknowledges that it is responsible for maintaining updated contact
information in the Grants Management System (GMS). To update information in GMS for
either the point of contact and/or the authorized representative, the grantee must submit a
Change in Project Officials (DCJ Form 4-B).
3. FINANCIAL REQUIREMENTS
A. Non -supplanting of State and local funds
Supplanting arises when a State or unit of local government reduces State or local funds
for an activity specifically because federal funds are available (or are expected to be
available) to fund that same activity. Federal funds must be used to supplement existing
State or local funds for program activities, and may not replace (that is, may not
"supplant") State or local funds that have been appropriated or allocated for the same
purpose. Additionally, federal funding may not replace State or local funding that is
required by law.
When supplanting is prohibited, potential supplanting will be the subject of DCJ and OJP
monitoring and audit. Should a question of supplanting arise, the applicant or grantee will
be required to substantiate that any reduction in non-federal resources occurred for reasons
other than the receipt or expected receipt of federal funds.
Page 12 of 18 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
B. Awards in excess of $5,000,000 - Certification related to federal taxes
A prospective grantee of an OJP award in excess of $5,000,000 may be required to submit
a particular certification concerning filing of federal tax returns, criminal convictions under
the Internal Revenue Code, and unpaid federal tax assessments. In such cases, no award
funds may be used until OJP receives a satisfactory certification.
C. Misuse of award funds
The grantee understands and agrees that misuse of award funds may result in a range of
penalties, including suspension of current and future funds, suspension or debarment from
federal grants, recoupment of monies provided under an award, and civil and/or criminal
penalties.
D. Limitation on use of funds to approved activities
The grantee agrees that grant funds will be used only for the purposes described in this
award. The grantee must not undertake any work or activities that are not described in this
award, and must not use staff, equipment, or other goods or services paid for with grant
funds for such work or activities, without prior written approval from DCJ.
4. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH OJP AWARDS
The Grantee hereby agrees that it will comply, and all of its subrecipients ("subgrantees") will
comply, with the applicable provisions of:
A. Civil rights laws and nondiscrimination provisions
States and units of local government, public and nonprofit institutions of higher education,
nonprofit organizations, for-profit businesses, and other recipients of OJP or OVW grants
and cooperative agreements may be subject to various federal civil rights laws for reasons
other than their receipt of OJP or OVW funds. Some examples include federal civil rights
laws related to discrimination on the basis of race, color, national origin, sex, religion, or
disability.
Because an OJP or OVW award (that is, an OJP or OVW grant or cooperative agreement)
is a form of "federal financial assistance," the recipients of an OJP or OVW award (and
any "subrecipient" at any tier) must comply with additional civil -rights -related
requirements above and beyond those that otherwise would apply.
In general, these additional requirements fall into one of two categories:
I. Civil rights laws (sometimes referred to as "cross -cutting" federal civil rights
statutes). These apply to essentially any entity that receives an award of federal
financial assistance -- regardless of which federal agency awards the grant or
cooperative agreement -- and encompass the "program or activity" funded in whole
or in part with the federal financial assistance.
2. Nondiscrimination provisions. These are requirements or restrictions that apply to
certain OJP or OVW awards -- in addition to the civil rights laws -- because they
are set out in a statute that applies specifically to one or more particular OJP or
OVW grant programs, or to OJP or OVW awards made under a particular legal
authority. Much like the civil rights laws, these provisions apply variously to the
Page 13 of 18 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
programs, activity, or undertaking funded in whole or in part by OJP or OVW, and
are described herein.
a. Such nondiscrimination provisions apply to some, but not all, OJP or
OVW grant programs.
b. The nondiscrimination provisions that apply to an OJP or OVW award
(above and beyond the requirements in "cross -cutting" civil rights laws)
may vary from award to award, even for awards made during the same
fiscal year.
c. Typically, no more than one of these nondiscrimination provisions will
apply to any particular OJP or OVW award.
General information on the civil rights laws that apply to every OJP or OVW award, and
on the nondiscrimination provisions that apply to some OJP or OVW awards, is available
at https://ojp.gov/about/ocr/statutes.htm
NOTE: As discussed in more detail below, if a civil rights law or nondiscrimination
provision prohibits discrimination in employment on the basis of religion, the prohibition
is read together with the provisions of the Religious Freedom Restoration Act of 1993.
B. Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42
U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to
provide meaningful access to their programs and activities for persons with limited English
proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial
Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002).
For more information on the civil rights responsibilities that recipients have in providing
language services to LEP individuals, please see the website https://www.lep.gov.
C. Ensuring Equal Treatment for Faith -Based Organizations and Safeguarding
Constitutional Protections Related to Religion
The DOJ regulation, Partnerships with Faith -Based and Other Neighborhood
Organizations, 28 C.F.R. pt. 38, updated in April 2016, prohibits all grantee organizations,
whether they are law enforcement agencies, governmental agencies, educational
institutions, houses of worship, or faith -based organizations, from using financial
assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities
include worship, religious instruction, or proselytization. While funded organizations may
engage in non -funded explicitly religious activities (e.g., prayer), they must hold them
separately from the activities funded by the DOJ, and grantees cannot compel beneficiaries
to participate in them. The regulation also makes clear that organizations participating in
programs funded by the DOJ are not permitted to discriminate in the provision of services
on the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief,
or a refusal to attend or participate in a religious practice. Funded faith -based organizations
must also provide written notice to beneficiaries, advising them that if they should object
to the religious character of the funded faith based organization, the funded faith -based
organization will take reasonable steps to refer the beneficiary to an alternative service
Page 14 of I8 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
provider. For more information on the regulation, please see the OCR's website at
https://ojp.gov/about/ocr/partnerships.htm.
SAAs and faith -based organizations should also note that the Omnibus Crime Control and
Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the
Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as
amended, 34 U.S.C. § 12291(b)(13), contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has
concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case -
by -case basis to permit some faith -based organizations to receive DOJ funds while taking
into account religion when hiring staff, even if the statute that authorizes the funding
program generally forbids recipients from considering religion in employment decisions.
Please consult with the OCR if you have any questions about the regulation or the
application of RFRA to the statutes that prohibit discrimination in employment.
D. Ensuring Access to Federally Assisted Programs
Federal laws that apply to recipients of financial assistance from the DOJ prohibit
discrimination on the basis of race, color, national origin, religion, sex, or disability in
funded programs or activities, not only in employment but also in the delivery of services
or benefits. A federal law also prohibits recipients from discriminating on the basis of age
in the delivery of services or benefits.
In March of 2013, President Obama signed the Violence Against Women Reauthorization
Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by
including a nondiscrimination grant condition that prohibits discrimination based on actual
or perceived race, color, national origin, religion, sex, disability, sexual orientation, or
gender identity. The new nondiscrimination grant condition applies to certain programs
funded after October 1, 2013. The OCR and the OVW have developed answers to some
frequently asked questions about this provision to assist recipients of VA WA funds to
understand their obligations. The Frequently Asked Questions are available at
https://ojp.gov/about/ocr/vawafags.htm.
E. Enforcing Civil Rights Laws
All recipients of federal financial assistance, regardless of the particular funding source,
the amount of the grant award, or the number of employees in the workforce, are subject to
prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients
that are the subject of discrimination complaints from both individuals and groups. In
addition, based on regulatory criteria, the OCR selects a number of recipients each year for
compliance reviews, audits that require recipients to submit data showing that they are
providing services equitably to all segments of their service population and that their
employment practices meet equal opportunity standards.
F. Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and
conviction records in making hiring decisions. See Advisory for Recipients of Financial
Assistance from the U.S. Department of Justice on the U.S. Equal Employment
Opportunity Commission's Enforcement Guidance: Consideration of Arrest and
Page 15 of 18 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of
1964 (June 2013), available at
https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be
mindful that the misuse of arrest or conviction records to screen either applicants for
employment or employees for retention or promotion may have a disparate impact based
on race or national origin, resulting in unlawful employment discrimination. In light of the
Advisory, recipients should consult local counsel in reviewing their employment practices.
If warranted, recipients should also incorporate an analysis of the use of arrest and
conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below).
G. Complying with the Safe Streets Act
An organization that is a recipient of financial assistance subject to the nondiscrimination
provisions of the Safe Streets Act, must meet two obligations: (1) complying with the
federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt.
E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c),
.205(c)(5)).
H. Meeting the EEOP Requirement
An EEOP is a comprehensive document that analyzes a grantee's relevant labor market
data, as well as the recipient's employment practices, to identify possible barriers to the
participation of women and minorities in all levels of a grantee's workforce. As a grantee
of DOJ funding, you may be required to submit an EEOP Certification Report or an EEOP
Utilization Report to the OCR. For more information on whether your organization is
subject to the EEOP requirements, see https://ojp.gov/about/ocr/eeop.htm. Additionally,
you may request technical assistance from an EEOP specialist at the OCR by telephone at
(202) 616-1771 or by e-mail at EEOPforms@usdoj.gov.
I. Meeting the Requirement to Submit Findings of Discrimination
If in the three years prior to the date of the grant award, your organization has received an
adverse finding of discrimination based on race, color, national origin, religion, or sex,
after a due -process hearing, from a state or federal court or from a state or federal
administrative agency, your organization must send a copy of the finding to the OCR.
J. Ensuring the Compliance of Subrecipients/Subgrantees
SAAs (DCJ) must have standard assurances to notify subrecipients of their civil rights
obligations, written procedures to address discrimination complaints filed against
subrecipients, methods to monitor subrecipients' compliance with civil rights requirements,
and a program to train subrecipients on applicable civil rights laws.
K. Certification
Each grantee by accepting this award, certifies that it will comply (and it will require any
subrecipient at any tier to comply) with applicable civil rights laws and nondiscrimination
provisions. An additional DCJ Form 30, will be required prior to the disbursement of any
funds.
Page 16 of 18 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
5. OVW GRANTS ONLY
A. Compliance with statutory and regulatory requirements
The grantee agrees to comply with all relevant statutory and regulatory requirements,
which may include, among other relevant authorities, the Violence Against Women Act of
1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Violence
Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, the
Violence Against Women Reauthorization Act of 2013, P.L. 113-4, the Omnibus Crime
Control and Safe Streets Act of 1968, 34 U.S.C. §§ 10101 et seq., and OVW's
implementing regulations at 28 C.F.R. Part 90.
B. VAWA 2013 nondiscrimination condition
The recipient acknowledges that 34 U.S.C. § 12291(b)(13) prohibits recipients of OVW
awards from excluding, denying benefits to, or discriminating against any person on the
basis of actual or perceived race, color, religion, national origin, sex, gender identity,
sexual orientation, or disability in any program or activity funded in whole or in part by
OVW. The recipient agrees that it will comply with this provision. The recipient also
agrees to ensure that any subrecipients ("subgrantees") at any tier will comply with this
provision.
C. Confidentiality and information sharing
The grantee agrees to comply with the provisions of 34 U.S.C. § 12291(b)(2),
nondisclosure of confidential or private information, which includes creating and
maintaining documentation of compliance, such as policies and procedures for release of
victim information. The grantee also agrees to ensure that all subrecipients ("subgrantees")
at any tier meet these requirements.
D. Activities that compromise victim safety and recovery and undermine offender
accountability
The grantee agrees that grant funds will not support activities that compromise victim
safety and recovery or undermine offender accountability, such as: procedures or policies
that exclude victims from receiving safe shelter, advocacy services, counseling, and other
assistance based on their actual or perceived sex, age, immigration status, race, religion,
sexual orientation, gender identity, mental health condition, physical health condition,
criminal record, work in the sex industry, or the age and/or sex of their children;
procedures or policies that compromise the confidentiality of information and privacy of
persons receiving OVW-funded services; procedures or policies that impose requirements
on victims in order to receive services (e.g., seek an order of protection, receive
counseling, participate in couples' counseling or mediation, report to law enforcement,
seek civil or criminal remedies, etc.); procedures or policies that fail to ensure service
providers conduct safety planning with victims; project design and budgets that fail to
account for the access needs of participants with disabilities and participants who have
limited English proficiency or are Deaf or hard of hearing; or any other activities outlined
in the solicitation under which the approved application was submitted.
Page 17 of 18 09/07/2018
Federal Awards issued from 2018 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
E. Termination or suspension for cause
DCJ or the Director of OVW, upon a finding that there has been substantial failure by the
recipient to comply with applicable laws, regulations, and/or the terms and conditions of
the award or relevant solicitation, will terminate or suspend until DCJ or the Director is
satisfied that there is no longer such failure, all or part of the award, in accordance with the
provisions of 28 C.F.R. Part 18, as applicable mutatis mutandis.
Page 18 of 18 09/07/2018
Reporting Schedule
01/01/2019 to 12/31/2019
Do not submit a Payment Request for $0. Only submit a payment request if you have expenditures for that quarter.
Report
Tab #
Report Type - Name given to report upon upload or
entered in Payment Number
Period
Due Date
Required
Upload/Submit
1
Q1- Financial Report (1-A) - Quarterly —Jan-Mar 2019
01/01/2019 — 03/31/2019
04/15/2019
Yes
Submit — No attachment
2
Q1 Narrative Report Quarterly Jan Mar 2019
01/01/2019 — 03/31/2019
04/15/2019
Yes
Upload- Reports tab -
Attachment Required
3
Q2- Financial Report (1-A) - Quarterly —Jan-Mar 2019
04/01/2019 — 06/30/2019
07/15/2019
Yes
Submit — No attachment
4
Q2- Narrative Report - Quarterly - Jan -Mar 2019
04/01/2019 — 06/30/2019
07/15/2019
Yes
Upload Reports tab
Attachment Required
5
Q3- Financial Report (1-A) Quarterly — Apr Jun 2019
(Can mark final in question 5 if all expenses are paid)
07/01/2019-09/30/2019
11/15/2019
Yes
Submit — No attachment
6
Q3- Narrative Report - Quarterly - Apr -Jun 2019
07/01/2019-09/30/2019
11/15/2019
Yes
Upload Reports tab
Attachment Required
8
Q4- Narrative Report - Quarterly - Oct -Dec 2019
10/01/2019-12/31/2019
01/15/2020
Yes
Upload Reports tab
Attachment Required
7
Q4- Financial Report (1-A) - Quarterly — Oct -Dec 2019
(Can mark final in question 5 if all expenses are paid)
10/01/2019-12/31/2019
01/15/2020
Yes
Submit — No attachment
9
Final- Financial Report (1-A) (If Needed — required if Q4
financial report is not marked final)
10/01/2019-12/31/2019
01/15/2020
No*
Submit — No attachment
10
Final- Narrative Report
10/01/2019-12/31/2019
01/15/2020
Yes
Upload Reports tab
Attachment Required
Finanp'
gab
Q1 Payment Request Quarterly Jan Mar 2019
01/01/2019 — 03/31/2019
04/15/2019
No*
Submit Payment Request
— No attachment
Fir}ancaa1
Ta_
Q2 Payment Request Quarterly — Apr Jun 2019
04/01/2019 — 06/30/2019
07/15/2019
No*
Submit Payment Request
— No attachment
tr�a>
v k
Q3- Payment Request - Quarterly —July-Sep 2019
07/01/2019 - 09/30/2019
10/15/2019
No*
Submit Payment Request
- No attachment
- n
Q4- Payment Request - Quarterly — Oct -Dec 2019
10/01/2019-12/31/2019
01/15/2020
No*
Submit Payment Request
— No attachment
Page 1 of 2
Reporting Schedule
01/01/2019 to 12/31/2019
Report
Tab #
Report Type - Name given to report upon upload or
entered in Payment Number
Period
Due Date
Required
Upload/Submit
Financial
ab,
Q2 EXTRA- Payment Request (if needed)
01/01/2019 —12/31/2019
01/15/2020
No*
Submit Payment Request
y
— No attachment
* Do not submit a Payment Request for $0. Only submit a payment request if you have expenditures for that quarter.
Page 2 of 2
RE: AWARD LETTER FOR INTERGOVERMENTAL GRANT FOR 2019 PAUL COVERDELL
FORENSIC SCIENCE IMPROVEMENT GRANT FOR NORTHERN COLORADO REGIONAL
FORENSIC LAB
APPROVED ASTO SUBSTANCE:
Ele' [ed Official or Department Head
APPROVED AS TO FUNDING:
Controller
APPROVED AS TO FORM:
CounTy Attorney
COLORADO DIVISION OF CRIMINAL JUSTICE
CERTIFICATION OF COMPLIANCE WITH REGULATIONS
OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF JUSTICE (DCJ FORM 30)
INSTRUCTIONS: Complete the table below with information found in the Grant Agreement. Read the form completely,
identify the person responsible for reporting civil rights findings, certify that the required Civil Rights training has been
completed by the Project Director; and check only one certification under "II" that applies to your agency. Have your
Signature Authority sign at the bottom of page 2, forward a copy to the person identified as being responsible for reporting
civil rights findings and return the original to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO
80215, within 45 days of the grant award beginning date.
GRANTEE NAME & ADDRESS:
County of Weld
1150 O Street
Greeley, Co 80631
GRANT NUMBER:
2018-DN-18-4
PROJECT TITLE:
NCRFL training in 2019
AWARD ($):
$20,950.00
PROJECT DURATION:
FROM: 1/1/2018 TO: 12/31/2018
PROJECT DIRECTOR: Daren Ford PHONE: (970) 400-3638
Person responsible for reporting civil rights findings of discrimination: (Name, address, phone & email)
Barbara Kirkmeyer, Chair, Weld County Board of Commissioners
1150 O Street, Greeley, CO 80631
(970) 400-4205
bkirkmeyer@weldgov.com
I acknowledge that I viewed all of the trainings on Civil Rights available on DCJ's website at
http://dcj.state.co.us/home/grants. I accept responsibility for ensuring that project staff understands their responsibilities as
outlined in the presentations. I understand that if I have any questions about the material presented and my responsibilities as
a grantee that I will contact my grant manager.
POJECT DIRECTOR SIGNATURE
04/22/2019
DATE
SIGNATURE AUTHORITY'S CERTIFICATION: As the Signature Authority for the above Grantee, I certify, by my
signature on page two (2), that I have read and am fully cognizant of our duties and responsibilities under this Certification.
I.
REQUIREMENTS OF GRANT RECIPIENTS: All grant recipients (regardless of the type of entity or the amount awarded)
are subject to prohibitions against discrimination in any program or activity, and must take reasonable steps to provide
meaningful access for persons with limited English proficiency.
♦I certify that this agency will maintain data (and submit when required) to ensure that: our services are delivered in an
equitable manner to all segments of the service population; our employment practices comply with Equal Opportunity
Requirements, 28 CFR 42.207 and 42.301 et seq.; our projects and activities provide meaningful access for people with
limited English proficiency as required by Title VI of the Civil Rights Act, (See also, 2000 Executive Order #13166).
♦I also certify that the person in this agency or unit of government who is responsible for reporting civil rights findings of
discrimination will submit these findings, if any, to the Division of Criminal Justice within 45 days of the finding, and/or if
the finding occurred prior to the grant award beginning date, within 45 days of the grant award beginning date.
Page 1 of 2
DCJ30 v11 (Rev. 10/17)
C
DCJ FORM 30:
CERTIFICATION OF COMPLIANCE WITH REGULATIONS,
OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF JUSTICE (Continued)
II. EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) CERTIFICATIONS: Check the box before ONLY ONE
APPROPRIATE CERTIFICATION (A or B below) that applies to this grantee agency during the period of the grant
duration noted above.
0 CERTIFICATION "A" [Applicable, if (1), (2) or (3), below, apply.] This is the Certification that most non -profits
and small agencies will use. Check all that apply to your entity.
This funded entity:
(1) is an educational, medical or non-profit organization or an Indian Tribe;
(2) has less than 50 employees;
(3) was awarded through this single grant award from the Colorado Division of Criminal Justice less than
$25,000 in federal U.S. Department of Justice funds.
Therefore, I hereby certify that this funded entity is not required to maintain an EEOP, pursuant to 28 CFR §42.302, but
is required to submit a Certification (httns://oip.gov/about/ocr/eeop.htm).
CERTIFICATION "B" (Applicable to all entities that do not qualify for Certification "A" above)
This funded entity, as a for-profit entity or a state or local government having 50 or more employees (counting both full -
and part-time employees but excluding political appointees) and is receiving, through this single grant award from the
Colorado Division of Criminal Justice, more than $25,000, in federal U.S. Department of Justice funds.
Therefore, I hereby certify that the funded entity will prepare and submit an EEOP and Certification at
https://oip.t;ov/about/ocr/econ.htm, within 60 days of the award. The EEOP shall be submitted in accordance with 28
CFR §42, subpart E, to Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice that will include a
section specifically analyzing the grantee (implementing) agency. (If you have already submitted an EEOP applicable to
this time period, send a copy of the letter received from the Office for Civil Rights showing that your EEOP is
acceptable.)
As the Signature Authority for the above grantee, I certify, by my signature below, that I have read and am fully cognizant of our
duties and responsibilities under this Certification. I, hereby, also certify that the content of this form, other than the data entry
required, h,s not been altered.
SIGN ' AUTHORI Y SIGNATL
Barbara Kirkmeyer
04/22/2019
DATE
Chair, Weld County Board of Commissioners
TYPED NAME TITLE
* * * * * * * * * *
This signed form must be returned to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO 80215,
within 45 days of the grant award beginning date. You must also forward a signed copy to the person identified in the box
above.
Page 2 of 2
DCJ30_v11 (Rev. 10/17)
Hello