HomeMy WebLinkAbout20183746.tiffRESOLUTION
RE: APPROVE GRANT AGREEMENT FOR CRIME VICTIM SERVICES LAW
ENFORCEMENT FOR BILINGUAL ADVOCATE UNIT AND AUTHORIZE CHAIR TO
SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statue and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Grant Agreement for Crime Victim
Services Law Enforcement for Bilingual Advocate Unit 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, 2020, with further terms and conditions
being as stated in said grant agreement, and
WHEREAS, after review the Board deems it advisable to approve said grant agreement,
a copy of which is attached hereto and incorporated herein by reference.
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Grant Agreement for Crime Victim Services Law Enforcement for
Bilingual Advocate Unit 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 said grant agreement.
CC: sods c) pcTCC/cJ)
08/27/20
2018-3746
SO0039
RE: GRANT AGREEMENT FOR CRIME VICTIM SERVICES LAW ENFORCEMENT FOR
BILINGUAL ADVOCATE UNIT AND AUTHORIZE CHAIR TO SIGN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of November, A.D., 2018.
ATTEST: diedfiki
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Weld County Clerk to the Board
BY:
Deputy CI
ED
orney
Date of signature: 12111/18
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Stevf Moreno, Chair
arbara Kirkmeyer, Pro- em
EXCUSED
can P. Conway
Mike Freeman
2018-3746
SO0039
an+rata- =O #r Oa -Pi
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Sheriff's Office VOCA grant award for FY2019-FY2020; OnBase #2274
DEPARTMENT: Sheriff's Office DATE: 11/13/2018
PERSON REQUESTING: Jennifer Oflelie, SO Budget Manager
Brief description of the problem/issue:
With permission from the BOCC in February 2018, the Sheriff's Office applied for a continuation federal
VOCA grant to support the additional FTE personnel and operating costs of the Bi-Lingual unit within the
Victim Services Unit in the Sheriff's Office. The grant was awarded at $160,333 over a two-year period, which
is a slight increase from the FY2017 and FY2018 grant awards. There is a $40,083 match required for this grant
over the two years, which is achieved by using the Director's salary in direct support of the Bi-Lingual services
provided and is also covered at 55% by VALE grant dollars.
The grant contract is in OnBase #2274 and in the process of being reviewed by the County Attorney's Office
and Accounting. Two signed copies of the grant award are required, along with electronic signatures on the
attached DCJ Form 30, Confidentiality document and Lobbying form. The signed grant award is due back to the
State of Colorado's Department of Criminal Justice by November 30, 2018. You should be seeing similar
documentation from the District Attorney's Office for a similar grant award.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
• Authorize the chair to sign the VOCA grant award for $160,333, along with supporting grant
documents.
• Deny the grant award. This will lead to either increased general fund dollars or a reduction of services in
the Victim Services program for the Sheriff's Office.
• Schedule a work session to discuss further.
Recommendation:
Authorize the chair to sign and accept the VOCA grant award for $160,331
Approve
Recommendation
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
Schedule
Work Session
Other/Comments:
2018-3746
NA\
C3OO
COLORADO DIVISION OF CRIMINAL JUSTICE
CERTIFICATION OF COMPLIANCE WITH REGULATIONS
OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF JUSTICE (DCJ FORM 30)
INSTRUCTIONS: Complete the table below with information found in the Grant Agreement. Read the form completely,
identify the person responsible for reporting civil rights findings, certify that the required Civil Rights training has been
completed by the Project Director; and check only one certification under "II" that applies to your agency. Have your
Signature Authority sign at the bottom of page 2, forward a copy to the person identified as being responsible for reporting
civil rights findings and return the original to the Colorado Division of Criminal Justice, 700 Kipling, Ste. 1000, Denver, CO
80215, within 45 days of the grant award beginning date.
GRANTEE NAME & ADDRESS:
Weld County Sheriffs Office
1950 O Street
Greeley, CO 80631
GRANT NUMBER:
2018 -VA -19-201-19
PROJECT TITLE:
Bi-Lingual Advocate Unit
AWARD ($):
160, 333
PROJECT DURATION:
FROM: 01/01/2019 TO: 12/31/2020
PROJECT DIRECTOR: Debbie Calvin, Director of Victims Services PHONE: 970-397-5935
Person responsible for reporting civil rights findings of discrimination: (Name, address, phone & email)
Patricia S. Russell, Director of Human Resources
1150 "O" Street
Greeley, CO 80631
970-400-4230
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.
Deborah Calvin Digitally signed by Deborah Calvin
Date: 2018.11.13 11:19:57 -0700'
PROJECT DIRECTOR SIGNATURE
DATE
SIGNATURE AUTHORITY'S CERTIFICATION: As the Signature Authority for the above Grantee, I certify, by my
signature on page two (2), that I have read and am fully cognizant of our duties and responsibilities under this Certification.
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 sea.; 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)
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 (https://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.gov/about/ocr/eeop.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, has not been altered.
NOV 2 Z 2018
SIGNATURE AUTHORITY SIGNATURE DATE
Steve Moreno
TYPED NAME
Board of County Commissioners Chair
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.
ot0/143 7 06 6)
Page 2 of 2
DCJ30_v11 (Rev. 10/17)
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro-curement) and
Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 28 CFR Part 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at
28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in-
fluencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal grant, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(c) The undersigned shall require that the language of this cer-
tification be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Part 67, for prospec-
tive participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510—
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debar-
ment, declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency;
(b) Have not within a three-year period preceding this applica-
tion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this applica-
tion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620—
A. The applicant certifies that it will or will continue to provide
a drug -free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to
inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
grant, the employee will—
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement: and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
(e) Notifying the agency. in writing. within 10 calendar days
after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such convic-tion,
Employers of convicted employees must provide notice. including
position title. to. Department of Justice. Office of
Justice Programs. ATTN: Control Desk. 633 Indiana Avenue.
N.W.. Washington. D.C. 20531. Notice shall include the iden-
tification number(s) of each affected grant;
(f) Taking one of the following actions. within 30 calendar
days of receiving notice under subparagraph (d)(2). with
respect to any employee who is so convicted
(1) Taking appropriate personnel action against such an
employee. up to and including termination. consistent with the
requirements of the Rehabilitation Act of 1973. as amended: or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal. State. or local health. law enforce-
ment, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -
free workplace through implementation of paragraphs (a). (b).
(c), (d). (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant
Place of Performance (Street address, city. county. state, zip
code)
Weld County Sheriffs Office
1950 O Street
Greeley, CO 80631
Weld County Colorado
Check ❑ if there are workplaces on file that are not indentified
here.
Section 67. 630 of the regulations provides that a grantee that
is a State may elect to make one certification in each Federal
fiscal year. A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7
Check ❑ if the State has elected to complete OJP Form
4061/7.
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988. and
implemented at 28 CFR Part 67, Subpart F. for grantees. as
defined at 28 CFR Part 67: Sections 67.615 and 67.620
A. As a condition of the grant. I certify that I will not engage
in the unlawful manufacture. distribution. dispensing. posses-
sion, or use of a controlled substance in conducting any
activity with the grant; and
B. If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity,
will report the conviction. in writing within 10 calendar days
of the conviction. to: Department of Justice. Office of Justice
Programs. ATTN: Control Desk, 633 Indiana Avenue. N.W..
Washington, D.C. 20531.
Required only for awards greater than $100,000. This form must be signed by the Signature Authori t yi
Authorized Official for the Grantee Agency. The Project Director should NOT sign this form.
As the duly authorized representative of the applicant. I hereby certify that the applicant will comply with the above certifications.
Weld County Government
1150 O Street
Greeley, CO 80631
1. Grantee Name and Address:
2018 -VA -19-201-19 / Bilingual Advocate Unit
2. Application Number and/or Project Name
84-6000813
3. Grantee IRS/Vendor Number
Steve Moreno, Board of County Commissioners Chair
4. Typed Name and Title of Authorized Representative
5. Signature
NOV 2 2 01
6. Date
X0/8— (37e/& Cr�
U.S. Department of Justice
Office on Violence Against Women
Acknowledgement of Notice of Statutory Requirement to Comply with the
Confidentiality and Privacy Provisions of the Violence Against Women Act, as
Amended
Under section 40002(b)(2) of the Violence Against Women Act, as amended (42 U.S.C.
I 3925(b)(2)), grantees and subgrantees with funding from the Office on Violence Against
Women (OVW) are required to meet the following terms with regard to nondisclosure of
confidential or private information and to document their compliance. By signature on this form,
applicants for grants from OVW are acknowledging that that they have notice that, if awarded
funds, they will be required to comply with this provision, and will mandate that subgrantees, if
any, comply with this provision, and will create and maintain documentation of compliance, such
as policies and procedures for release of victim information, and will mandate that subgrantees,
if any, will do so as well.
(A) In general
In order to ensure the safety of adult, youth, and child victims of domestic violence, dating
violence, sexual assault, or stalking, and their families, grantees and subgrantees under this
subchapter shall protect the confidentiality and privacy of persons receiving services.
(B) Nondisclosure
Subject to subparagraphs (C) and (D), grantees and subgrantees shall not
(i) disclose, reveal, or release any personally identifying information or individual information
collected in connection with services requested, utilized, or denied through grantees' and
subgrantees' programs, regardless of whether the information has been encoded, encrypted,
hashed, or otherwise protected; or
(ii) disclose, reveal, or release individual client information without the informed, written,
reasonably time -limited consent of the person (or in the case of an unemancipated minor, the
minor and the parent or guardian or in the case of legal incapacity, a court -appointed guardian)
about whom information is sought, whether for this program or any other Federal, State, tribal,
or territorial grant program, except that consent for release may not be given by the abuser of the
minor, incapacitated person, or the abuser of the other parent of the minor.
If a minor or a person with a legally appointed guardian is permitted by law to receive services
without the parent's or guardian's consent, the minor or person with a guardian may release
information without additional consent.
(C) Release
If release of information described in subparagraph (B) is compelled by statutory or court
mandate—
(i) grantees and subgrantees shall make reasonable attempts to provide notice to victims affected
by the disclosure of information; and
(ii) grantees and subgrantees shall take steps necessary to protect the privacy and safety of the
persons affected by the release of the information.
(D) Information sharing
(i) Grantees and subgrantees may share —
(I) nonpersonally identifying data in the aggregate regarding services to their clients and
nonpersonally identifying demographic information in order to comply with Federal, State,
tribal, or territorial reporting, evaluation, or data collection requirements;
(II) court -generated information and law enforcement -generated information contained in secure,
governmental registries for protection order enforcement purposes; and
(III) law enforcement -generated and prosecution -generated information necessary for law
enforcement and prosecution purposes.
(ii) In no circumstances may —
(I) an adult, youth, or child victim of domestic violence, dating violence, sexual assault, or
stalking be required to provide a consent to release his or her personally identifying information
as a condition of eligibility for the services provided by the grantee or subgrantee;
(II) any personally identifying information be shared in order to comply with Federal, tribal, or
State reporting, evaluation, or data collection requirements, whether for this program or any
other Federal, tribal, or State grant program.
(E) Statutorily mandated reports of abuse or neglect
Nothing in this section prohibits a grantee or subgrantee from reporting suspected abuse or
neglect, as those terms are defined and specifically mandated by the State or tribe involved.
(F) Oversight
Nothing in this paragraph shall prevent the Attorney General from disclosing grant activities
authorized in this Act to the chairman and ranking members of the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary of the Senate exercising
Congressional oversight authority. All disclosures shall protect confidentiality and omit
personally identifying information, including location information about individuals.
(G) Confidentiality assessment and assurances
Grantees and subgrantees must document their compliance with the confidentiality and privacy
provisions required under this section.
1
As the duly authorized representative of the applicant, I hereby acknowledge that the applicant has received notice
that if awarded funding they will comply with the above statutory requirements. This acknowledgement shall be
treated as a material representation of fact upon which the Department of Justice will rely if it determines to award
the covered transaction, grant, or cooperative agreement.
Steve Moreno BOCC Chair
Typed Name of Authorized Representative Title
Telephone Number 970-400-4200
NOV 21 2018
Signature of Authorized Representative Date Signed
Board of Weld County Commissioners
Agency Name
2
aoie- 3Mc. 6)
Grantee: Weld County, by and through the Weld County Sheriff's Office
Project: Bilingual Advocate Unit
DCJ Grant #: 2018 -VA -19-201-19
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 -VA -19-201-19
CMS Number
118476
Grantee
Weld County, by and through the Weld County Sheriffs Office
Grantee DUNS
075757955
Grant Issuance Date (Start Date)
January 1, 2019
Current Grant Maximum Amount
Initial Term by Funding Source
2016-VA-GX-0070 $53,444.33
2017-VA-GX-0037 $73,485.96
20I 8-V2-GX-0050 $33,402.71
Total for All Federal Awards $160,333
Grant Expiration Date
December 31, 2020
Fund Expenditure End Date
December 31, 2020
Grant Description
Weld County Victim Services Unit provides crime victims
crisis intervention, advocacy and direct victim services for
the Weld County Sheriff's Office. This project will primarily
serve Spanish-speaking victims of crime.
Grantee Match Requirement $40,083
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
Weld County, by and through the Weld County Sheriffs Office
�C.4 C �r �_r� f�
By: Steve Moreno, Chair of County Commissioners
Date:
NOV 212018
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Public Safety
Stan Hilkey, Executive Director
By: Joe ome, Director, Division of Criminal Justice
Date:
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
obert Jaros, CPA, MBA, JD
By: Lynda J. Clellan2'+ ct and Grants Coordinator,
Departnt t of Public Safety, Division of Criminal Justice
/2-/
Effective Date: O/ I
Page I of 16
Version 07 17 ( ()('l 09/07/ 18)
a,o/i -3 7V4, ()
Grantee: Weld County, by and through the Weld County Sheriffs Office
Project: Bilingual Advocate Unit
DCJ Grant #: 2018 -VA -19-201-19
Representatives for this Grant
For the State:
For Grantee:
Joe Thome, Director
Steve Moreno, Chair of County Commissioners
Division of Criminal Justice
Weld County Government
Department of Public Safety
1150 O Street
700 Kipling Street, Suite 1000
Denver, Colorado 80215-5897
Greeley, CO 80631-1117
Joe.Thome@state.co.us
smoreno@co.weld.co.us
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Award Office
U.S. Department of Justice, Office of Justice Programs Office for Victims of Crime
CFDA
16.575
Federal Award Number(s)
2016-VA-GX-0070
2017-VA-GX-0037
2018-V2-GX-0050
Federal Award Date
09/19/2016
09/28/2017
08/09/2018
Total Amount of Federal Award (this is not the
amount of this grant agreement)
$ 37,271,902
$ 31,335,524
$ 56,681,557
Page 2 of 16 Version 0717 (DCJ 09/07/18)
Grantee: Weld County, by and through the Weld County Sheriffs Office
Project: Bilingual Advocate Unit DCJ Grant #: 2018 -VA -19-201-19
TABLE OF CONTENTS
SIGNATURE AND COVER PAGE 1
1. GRANT 3
2. TERM 3
3. AUTHORITY 4
4. DEFINITIONS 5
5. PURPOSE 8
6. STATEMENT OF WORK 8
7. PAYMENTS TO GRANTEE 8
8. REPORTING - NOTIFICATION 10
9. GRANTEE RECORDS 11
10. CONFIDENTIAL INFORMATION -STATE RECORDS 11
11. CONFLICTS OF INTEREST 12
12. INSURANCE 13
13. REMEDIES 13
14. DISPUTE RESOLUTION 13
15. NOTICES AND REPRESENTATIVES 13
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 13
17. GOVERNMENTAL IMMUNITY 13
18. GENERAL PROVISIONS 14
EXHIBIT Al, SAMPLE OPTION LETTER 1
EXHIBIT A2, SAMPLE GRANT FUNDING CHANGE LETTER 2
EXHIBIT B, GRANT REQUIREMENTS 1
EXHIBIT C, SPECIAL CONDITIONS 1
EXHIBIT D, FEDERAL REQUIREMENTS 1
EXHIBIT E, STATEMENT OF WORK 1
EXHIBIT F, BUDGET 1
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter
(the "State") hereby obligates and awards to Grantee shown on the first page of this Grant Award
Letter (the "Grantee") an award of Grant Funds in the amounts shown on the first page of this
Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter,
Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Grant Award Letter shall commence on the
Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter by providing Grantee with a written notice to Grantee in a form substantially equivalent
to Exhibit A, Sample Option Letter showing the new Grant Expiration Date. Authorized
Page 3 of 16 Version 0717 (DCJ 09/07/18)
Grantee: Weld County, by and through the Weld County Sheriffs Office
Project: Bilingual Advocate Unit DCJ Grant #: 2018 -VA -19-201-19
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.
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, Office for Victims of Crime,
Victims of Crime Act (VOCA) is supported under 42 U.S.C. § 10603 (a)..
B. State Authority
The Division of Criminal Justice is authorized to disburse these funds by Colorado Revised Statute
24-33.503 and 507
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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. seq., 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.
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
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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, Office for Victims of
Crime 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.
T. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
U. "PCI" means payment card information including any data related to credit card holders'
names, credit card numbers, or the other credit card information as may be protected by state
or federal law.
Q.
V. "PII" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual's identity, such as name, social security number, date and place of birth,
mother's maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §24-72-501 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
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information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
X. "Program" means the Victims of Crime Act (VOCA) 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.
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
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Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular
A-50 on Single Audit Act follow-up.
KK. "Work" means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
LL. "Work Product" means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, 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
This Grantee was selected by the Crime Victims Services Board for Award. The federal Victims
of Crime Act (VOCA) Program allows agencies to support activities that provide a broad range of
direct services to victims of crime.
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.
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.
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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
(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.
E. Matching Funds.
Grantee shall provide the Matching Funds as provided on the Cover Page and in Exhibit F,
Budget. Grantee shall appropriate and allocate all Matching Funds to the purpose of this
Grant Award Letter. Grantee does not by accepting this Grant Award Letter irrevocably
pledge present cash reserves for payments in future fiscal years, and this Grant Award Letter
is not intended to create a multiple -fiscal year debt of Grantee. Grantee shall not pay or be
liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as
required by Grantee's laws or policies.
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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 not
required as quarterly reports are cumulative 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.
D. VOCA Federal Performance Reporting
The grantee agrees to submit performance reports on the performance metrics identified by
OVC, and in the time and manner required by OVC. This information on the activities
supported by the award funding will assist in assessing the effects that VOCA Victim
Assistance funds have had on services to crime victims within the jurisdiction. Beginning
October 1, 2015, the recipient agrees to submit (and, as necessary, require sub -recipients to
submit) such information quarterly.
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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
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
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Accountability Act for all PHI. Grantee shall immediately forward any request or demand for
State Records to the State's principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns, Subgrantees and
Subcontractors as necessary to perform the Work, but shall restrict access to State
Confidential Information to those agents, employees, assigns, Subgrantees and
Subcontractors who require access to perform their obligations under this Grant Award
Letter. Grantee shall ensure all such agents, employees, assigns, Subgrantees, and
Subcontractors sign nondisclosure agreements with provisions at least as protective as those
in this Grant, and that the nondisclosure agreements are in force at all times the agent,
employee, assign, Subgrantee or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
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.
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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
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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 14 of 16 Version 0717 (DCJ 09/07/18)
Grantee: Weld County, by and through the Weld County Sheriffs Office
Project: Bilingual Advocate Unit DCJ Grant #: 2018 -VA -19-201-19
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 15 of 16 Version 0717 (DCJ 09/07/18)
Grantee: Weld County, by and through the Weld County Sheriffs Office
Project: Bilingual Advocate Unit DCJ Grant #: 2018 -VA -19-201-19
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 16 of 16
Version 0717 (DCJ 09/07/18)
Grantee: Weld County, by and through the Weld County Sheriffs Office
Project: Bilingual Advocate Unit
DCJ Grant #: 2018 -VA -19-201-19
EXHIBIT Al, SAMPLE OPTION LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other 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.
A.
B.
C.
D.
E.
OPTIONS:
Option to extend for an Extension Term
Option to change the quantity of Goods under the Agreement
Option to change the quantity of Services under the Agreement
Option to modify Agreement rates
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
John W. Hickenlooper, Governor
INSERT -Name of Agency or IHE
INSERT -Name & Title of Head of Agency or IHE
By: Name & Title of Person Signing for Agency or IHE
Date:
In accordance with §24-30-202 C.R.S., this Option is not valid
until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Name of Agency or IHE Delegate -Please delete if contract
will be routed to OSC for approval
Option Effective Date:
Exhibit A
Page 1 of 2
Grantee: Weld County, by and through the Weld County Sheriffs Office
Project: Bilingual Advocate Unit
DCJ Grant #: 2018 -VA -19-201-19
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
1. GRANT FUNDING CHANGE
In accordance with §Insert Section Number of the Original Grant referenced above, the State Agency listed above
commits the following funds to the grant:
A. The funding available for State Fiscal Year 20xx is Increased/Decreased by $Amount of Change, because Insert
Reason For Change.
B. The total funding avail for all State Fiscal Years as of the effective date of this Grant Funding Change Letter is
shown as the current contract maximum above.
2. TERMINOLOGY
All terminology used in this Grant Funding Change Letter shall be interpreted in accordance with the Original Grant
referenced above.
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
John W. Hickenlooper, 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, by and through the Weld County Sheriffs Office
Project: Bilingual Advocate Unit DCJ Grant #: 2018 -VA -19-201-19
EXHIBIT B, GRANT REQUIREMENTS
The following terms as used herein shall be construed and interpreted as follows:
1. AUDIT REQUIREMENTS
A. Due Date:
i. Project Start:
The Grantee must submit the most recent audit or financial review, including the
corresponding management letter, to DCJ within thirty (30) days of request; and, if the
most recent audit/financial review has not already been submitted to DCJ, it must be
submitted within thirty (30) days of the start of this project.
ii. Project End:
The Grantee assures that it will procure an audit or financial review, incorporating this
grant award, by an independent Certified Public Accountant (CPA), licensed to practice
in Colorado. The audit or financial review incorporating this grant award must be
completed and received by DCJ within nine (9) months of the end of the fiscal years that
includes the end date of the grant, or within thirty (30) days of the completion of such
audit or review, whichever is earlier.
B. Report/Audit Type:
If your entity expended $750,000 or more in Federal funds (from all sources including
pass -through subawards) in your organization's fiscal year (12 -month turnaround
reporting period), your organization is required to arrange for a single organization -wide
audit conducted in accordance with the provisions of Title 2 C.F.R. Subpart F (§ 200.500
et seq.)
ii. If your entity expends less than $750,000 in Federal funds (from all sources including
pass -through subawards) in your organization's fiscal year (12 -month turnaround
reporting period), your organization is required to arrange for either an audit or financial
review as follows:
a) Grantees that have revenue greater than $300,000 from all sources during the entity's
fiscal year are required by DCJ to obtain a financial audit
b) Grantees that have revenue less than $300,000 from all sources during the entity's
fiscal year are required by DCJ to obtain a financial audit or financial review. A
compilation is not sufficient to satisfy this requirement.
C. Report/Audit Costs:
The Grantee accepts responsibility for the costs of a financial program audit to be performed by the
Department of Public Safety in the event that the audit report or financial review:
i. does not meet the applicable federal audit or DCJ standards;
ii. is not submitted in a timely manner; or,
iii. does not provide an audit response plan with corresponding corrections made sufficient
to satisfy any audit findings.
Exhibit B Page 1 of 2
Grantee: Weld County, by and through the Weld County Sheriff's Office
Project: Bilingual Advocate Unit DCJ Grant #: 2018 -VA -19-201-19
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, by and through the Weld County Sheriffs Office
Project: Bilingual Advocate Unit DCJ Grant #: 2018 -VA -19-201-19
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 Victims of Crime Act (VOCA) Special Conditions
2017 Victims of Crime Act (VOCA) Special Conditions
❑X 2015 & 2016 Victims of Crime Act (VOCA) Special Conditions
Exhibit C Page 1 of I
Grantee: Weld County, by and through the Weld County Sheriffs Office
Project: Bilingual Advocate Unit DCJ Grant #: 2018 -VA -19-201-19
EXHIBIT D, FEDERAL REQUIREMENTS
The following federal requirements are imposed by the Federal sponsoring agency concerning special
requirements of law. These requirements apply to this Agreement and must be passed on to subgrants
and subcontractors.
The following federal requirements documents, if checked, are incorporated herein. These documents
are located on the DCJ Grants website and may also be obtained from DCJ upon request.
2018 Federal Requirements
2017 Federal Requirements
2015 & 2016 Federal Requirements
Exhibit D Page 1 of 1
2018 — Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions
2018 — Victims of Crime Act (VOCA) Crime Victim Assistance
Special Conditions
The following program specific requirements are imposed by the Federal sponsoring agency
concerning special requirements of law, program requirements, and other administrative
requirements. These requirements apply to this Agreement and must be passed on to subgrant
award recipients.
A. Grantee Organizational Eligibility Requirements:
Victims of Crime Act (VOCA) establishes eligibility criteria that must be met by all
organizations that receive VOCA funds. These funds are to be awarded to grantees only for
providing services to victims of crime through their staff. Each grantee organization shall meet
the following requirements:
I. Public or Non-profit Organization: To be eligible to receive VOCA funds, organizations
must be operated by a public or nonprofit organization, or a combination of such
organizations, and provide services to crime victims.
2. Record of Effective Services to Victims of Crime and Financial Support from Sources
other than VOCA: Demonstrate a record of providing effective services to crime victims
and financial support from sources other than the VOCA fund. This includes having the
support and approval of its direct services by the community, having a history of providing
direct services in a cost-effective manner and the breadth or depth of its financial support
comes from sources other than the VOCA fund.
3. Substantial Financial Support from Sources Other than the Crime Victims Fund (New
Programs): Those programs that have not yet demonstrated a record of providing effective
services to crime victims may be eligible to receive VOCA funding if it has substantial
financial support from sources other than the Crime Victims Fund (VOCA). Substantial
financial support is when at least 25% of the program's funding in the year of, or the year
preceding the award comes from other sources, which may include other federal funding
programs. If the funding is non-federal (or meets the DOJ Grants Financial Guide exceptions
for using federal funds for match), then a program may count the used funding toward its
match requirement.
4. Project Match Requirements: The purpose of matching contributions is to increase the
amount of resources available to the projects supported by grant funds. Matching
contributions of 20% (cash or in -kind) of the total cost of each VOCA project (VOCA
project = VOCA grant plus match), are required for each VOCA-funded project and must be
derived from non-federal sources, except as provided in the DOJ Grants Financial Guide,
effective edition (Part III. Post Award Requirements, Chapter 3. Matching or Cost Sharing).
All funds designated as match are restricted to the same uses as the VOCA victim assistance
funds and must be expended within the grant period. Match must be provided on a project -
by -project basis. Any deviation from this policy must be approved by the federal Office for
Victim of Crime.
5. Volunteers: Programs are required to use volunteers in order to be eligible to receive VOCA
funds. The state may waive this requirement, provided the programs submits written
2017-VA-GX-0037
Page I of 4 08/09/2018
2018 — Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions
documentation of its efforts to recruit and maintain volunteers, or otherwise demonstrate why
circumstances prohibit the use of volunteers to the satisfaction of the state.
6. Promote Community Efforts to Aid Crime Victims. Coordinated public and private efforts
to aid crime victims may include, but are not limited to, serving on federal, state, local or
tribal work groups to oversee and recommend improvements to community responses to
crime victims, and developing written agreements and protocols for such responses.
7. Help Victims Apply for Compensation Benefits. Such assistance may include, but is not
limited to, referring potential recipients to an organization that can assist, identifying crime
victims and advising them of the availability of compensation benefits, assisting potential
recipients with application forms and procedures, obtaining necessary documentation,
monitoring claim status, and intervening on behalf of potential recipients with the crime
victims' compensation program.
B. VOCA Requirements for Grantees:
1. The Grantee authorizes DCJ, Office for Victims of Crime (OVC) and/or the Office of the
Chief Financial Officer (OCFO), and its representatives, access to and the right to examine
all records, books, paper or documents related to the VOCA grant.
2. The grantee agrees to submit a Subgrant Award Report (SAR) part 2 to the Division of
Criminal Justice within 30 days of receiving an award.
3. VOCA Requirements
The grantee assures that the grantee and its subgrantees will comply with the conditions of
the Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 34
U.S.C. 20103(a)(2) and (b)(1) and (2) (and the applicable program guidelines and
regulations), as required. Specifically, the grantee certifies that funds under this award will:
a. be awarded only to eligible victim assistance organizations, 34 U.S.C.
20103(a)(2);
b. not be used to supplant State and local public funds that would otherwise be
available for crime victim assistance, 34 U.S.C. 20103(a)(2); and
c. be allocated in accordance with program guidelines or regulations implementing
34 U.S.C. 20103(a)(2)(A) and 34U.S.C. 20103(a)(2)(B) to, at a minimum, assist
victims in the following categories: sexual assault, child abuse, domestic violence,
and underserved victims of violent crimes as identified by the State.
4. Demographic Data
The grantee assures that its subgrantees will collect and maintain information on race, sex,
national origin, age, and disability of victims receiving assistance, where such information is
voluntarily furnished by the victim.
5. Discrimination Findings
The grantee assures that in the event that a Federal or State court or Federal or State
administrative agency makes a finding of discrimination after a due process hearing on the
ground of race, religion, national origin, sex, or disability against a grantee of victim
2017-VA-GX-0037
Page 2 of 4 08/09/2018
2018 — Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions
assistance formula funds under this award, the grantee will forward a copy of the findings to
DCJ and the Office for Civil Rights of OJP.
6. The grantee understands that all OJP awards are subject to the National Environmental
Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including
the National Historic Preservation Act), if applicable. The grantee agrees to assist DCJ and/or
OJP in carrying out its responsibilities under NEPA and related laws, if the grantee plans to
use VOCA funds (directly or through subaward or contract) to undertake any activity that
triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App.
D.) The grantee also agrees to comply with all Federal, State, and local environmental laws
and regulations applicable to the development and implementation of the activities to be
funded under this award.
7. The grantee agrees to submit (and, as necessary, require sub -recipients to submit) quarterly
performance reports on the performance metrics identified by DCJ and OVC. These
quarterly reports are completed and submitted in the federal Performance Measures Tool
(PMT) system. This information on the activities supported by the award funding will assist
in assessing the effects that VOCA Victim Assistance funds have had on services to crime
victims within the jurisdiction.
8. Grantee integrity and performance matters: Requirement to report information on certain
civil, criminal, and administrative proceedings to SAM and FAPIIS.
The grantee must comply with any and all applicable requirements regarding reporting of
information on civil, criminal, and administrative proceedings connected with (or connected
to the performance of) either this OJP award or any other grant, cooperative agreement, or
procurement contract from the federal government. Under certain circumstances, grantees of
OJP awards are required to report information about such proceedings, through the federal
System for Award Management (known as "SAM"), to the designated federal integrity and
performance system (currently, "FAPIIS").
The details of grantee obligations regarding the required reporting (and updating) of
information on certain civil, criminal, and administrative proceedings to the federal
designated integrity and performance system (currently, "FAPIIS") within SAM are posted
on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Grantee
Integrity and Performance Matters, including Grantee Reporting to FAPIIS), and are
incorporated by reference here.
9. Categorical Exclusion for Colorado Division of Criminal Justice
The subject grant provides funds from the Victims of Crime Act of 1984 (VOCA) to enhance
crime victim services in the State. These funds are awarded by the State to local community -
based organizations that provide direct services to crime victims. None of the following
activities will be conducted either under the OJP federal action or a related third party action:
1. New construction. 2. Any renovation or remodeling of a property either (a) listed on or
eligible for listing on the National Register of Historical Places or (b) located within a 100 -
year floodplain. 3. A renovation which will change the basic prior use of a facility or
significantly change its size. 4. Research and technology whose anticipated and future
application could be expected to have an effect on the environment. 5. Implementation of a
program involving the use of chemicals. Consequently, the subject federal action meets OJP's
2017-VA-GX-0037
Page 3 of 4 08/09/2018
2018 — Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions
criteria for a categorical exclusion as contained in paragraph 4.(b) of Appendix D to Part 61
of the Code of Federal Regulations. Additionally, the proposed action is neither a phase or a
segment of a project which when viewed in its entirety would not meet the criteria for a
categorical exclusion.
C. Crime Victims Services (CVS) Requirements:
1. Future funding: The capacity for CVS grant funds to provide future dollars for projects is
undetermined at this time.
2. Grantee Agency shall notify the Division of Criminal Justice (DCJ) if the agency has
obtained funding for a specific (OVP) funded position that totals more than 100% of the cost
for that position. The agency must resolve the allocation of funds to the satisfaction of DCJ.
3. Grantee agency must notify DCJ immediately in writing, in the method determined by DCJ
of:
• any OVP grant funded personnel changes;
• any OVP grant funded position that is vacant more than 45 days;
• any change of an Official and/or employee who is listed as a responsible party on this
OVP grant funded project.
4. State Confidentiality of Victims Information: The Grantee certifies that the signing
authorities, all staff and volunteers assigned to the project have read and understand, state
laws and applicable rules of professional conduct related to issues of confidentiality and
privilege, particularly with respect to releasing identifying information about victims of
crime, including, but not limited to, those found in C.R.S. 13-90-107.
5. Colorado Victim Rights Act (Applies to Government Agencies only): The Grantee Agency
assures that Grant signatories, all staff and volunteers assigned to the funded project have
read and understand the rights afforded to crime victims pursuant to 24-4.1-302.5 C.R.S., and
the services delineated pursuant to 24-4.1-303 and 24-4.1-304 C.R.S. commonly known as
the Victim Rights Act, and enabling legislation.
2017-VA-GX-0037
Page 4 of 4 08/09/2018
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.
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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://vvwvv.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
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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).
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H. Requirement to report actual or imminent breach of personally identifiable
information (PII) — NEW Federal Requirement 2018
The grantee (and any "subrecipient" at any tier) must have written procedures in place to
respond in the event of an actual or imminent "breach" (as defined in OMB M-17-12) if it
(or a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates,
discloses, or disposes of "personally identifiable information (PII)" (as defined in 2 CFR
200.79) within the scope of an OJP grant -funded program or activity, or 2) uses or operates
a "Federal information system" (as defined in OMB Circular A-130). The grantee's breach
procedures must include a requirement to report actual or imminent breach of PII to an
OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or
the detection of an imminent breach.
I. All subawards ("subgrants") must have DCJ authorization
The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements for authorization of any subaward. This condition applies to
agreements that -- for purposes of federal grants administrative requirements -- OJP
considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP
web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm or OVW web site
at https://www.justice.gov/ovw/award-conditions (Award condition: All subawards
("subgrants") must have specific federal authorization), and are incorporated by reference
here.
J. Specific post -award approval required to use a noncompetitive approach in any
procurement contract
The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements to obtain specific advance approval to use a noncompetitive
approach in any procurement contract. This condition applies to agreements that -- for
purposes of federal grants administrative requirements — OJP or OVW considers a
procurement "contract" (and therefore does not consider a subaward).
K. Requirements pertaining to prohibited conduct related to trafficking in persons
(including reporting requirements and OJP or OVW authority to terminate award)
The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements (including requirements to report allegations) pertaining to
prohibited conduct related to the trafficking of persons, whether on the part of grantees,
subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as
"employees" of the grantee or of any subrecipient.
The details of the grantee's obligations related to prohibited conduct related to trafficking
in persons are posted on the OJP web site at
https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm or OVW web site at
https://www.justice.gov/ovw/grantees (Award condition: Prohibited conduct by grantees
and subrecipients related to trafficking in persons (including reporting requirements and
OJP or OVW authority to terminate award)), and are incorporated by reference here.
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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://oip.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm, and
the OVW Training Guiding Principles for Grantees and Subgrantees, are available at
https://vvww.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.
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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
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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://vvww.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
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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
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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
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information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the grantee —
a. represents that it neither requires nor has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit or
otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees
or contractors to execute agreements or statements that prohibit or otherwise
restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as
described above, it will immediately stop any further obligations of award funds,
will provide prompt written notification to the federal agency making this award,
and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
2. If the grantee does or is authorized under this award to make subawards ("subgrants"),
procurement contracts, or both --
a. it represents that --
(1) it has determined that no other entity that the grantee's application
proposes may or will receive award funds (whether through a subaward
("subgrant"), procurement contract, or subcontract under a procurement contract)
either requires or has required internal confidentiality agreements or statements
from employees or contractors that currently prohibit or otherwise currently restrict
(or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual
basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or
subcontractor entity that receives funds under this award is or has been requiring
its employees or contractors to execute agreements or statements that prohibit or
otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or
abuse as described above, it will immediately stop any further obligations of award
funds to or by that entity, will provide prompt written notification to the federal
agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
X. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to
employees)
The grantee (and any subrecipient at any tier) must comply with, and is subject to, all
applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit,
under specified circumstances, discrimination against an employee as reprisal for the
employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial
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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.
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B. Awards in excess of $5,000,000 - Certification related to federal taxes
A prospective grantee of an OJP award in excess of $5,000,000 may be required to submit
a particular certification concerning filing of federal tax returns, criminal convictions under
the Internal Revenue Code, and unpaid federal tax assessments. In such cases, no award
funds may be used until OJP receives a satisfactory certification.
C. Misuse of award funds
The grantee understands and agrees that misuse of award funds may result in a range of
penalties, including suspension of current and future funds, suspension or debarment from
federal grants, recoupment of monies provided under an award, and civil and/or criminal
penalties.
D. Limitation on use of funds to approved activities
The grantee agrees that grant funds will be used only for the purposes described in this
award. The grantee must not undertake any work or activities that are not described in this
award, and must not use staff, equipment, or other goods or services paid for with grant
funds for such work or activities, without prior written approval from DCJ.
4. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH OJP AWARDS
The Grantee hereby agrees that it will comply, and all of its subrecipients ("subgrantees") will
comply, with the applicable provisions of:
A. Civil rights laws and nondiscrimination provisions
States and units of local government, public and nonprofit institutions of higher education,
nonprofit organizations, for-profit businesses, and other recipients of OJP or OVW grants
and cooperative agreements may be subject to various federal civil rights laws for reasons
other than their receipt of OJP or OVW funds. Some examples include federal civil rights
laws related to discrimination on the basis of race, color, national origin, sex, religion, or
disability.
Because an OJP or OVW award (that is, an OJP or OVW grant or cooperative agreement)
is a form of "federal financial assistance," the recipients of an OJP or OVW award (and
any "subrecipient" at any tier) must comply with additional civil -rights -related
requirements above and beyond those that otherwise would apply.
In general, these additional requirements fall into one of two categories:
1. Civil rights laws (sometimes referred to as "cross -cutting" federal civil rights
statutes). These apply to essentially any entity that receives an award of federal
financial assistance -- regardless of which federal agency awards the grant or
cooperative agreement -- and encompass the "program or activity" funded in whole
or in part with the federal financial assistance.
2. Nondiscrimination provisions. These are requirements or restrictions that apply to
certain 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
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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
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Applicable to Office of Justice Programs Grants and Cooperative Agreements
provider. For more information on the regulation, please see the OCR's website at
https://ojp.gov/about/ocr/partnerships.htm.
SAAs and faith -based organizations should also note that the Omnibus Crime Control and
Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the
Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as
amended, 34 U.S.C. § 12291(b)(13), contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has
concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case -
by -case basis to permit some faith -based organizations to receive DOJ funds while taking
into account religion when hiring staff, even if the statute that authorizes the funding
program generally forbids recipients from considering religion in employment decisions.
Please consult with the OCR if you have any questions about the regulation or the
application of RFRA to the statutes that prohibit discrimination in employment.
D. Ensuring Access to Federally Assisted Programs
Federal laws that apply to recipients of financial assistance from the DOJ prohibit
discrimination on the basis of race, color, national origin, religion, sex, or disability in
funded programs or activities, not only in employment but also in the delivery of services
or benefits. A federal law also prohibits recipients from discriminating on the basis of age
in the delivery of services or benefits.
In March of 2013, President Obama signed the Violence Against Women Reauthorization
Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by
including a nondiscrimination grant condition that prohibits discrimination based on actual
or perceived race, color, national origin, religion, sex, disability, sexual orientation, or
gender identity. The new nondiscrimination grant condition applies to certain programs
funded after October 1, 2013. The OCR and the OVW have developed answers to some
frequently asked questions about this provision to assist recipients of VAWA funds to
understand their obligations. The Frequently Asked Questions are available at
https://ojp.gov/about/ocr/vawafaqs.htm.
E. Enforcing Civil Rights Laws
All recipients of federal financial assistance, regardless of the particular funding source,
the amount of the grant award, or the number of employees in the workforce, are subject to
prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients
that are the subject of discrimination complaints from both individuals and groups. In
addition, based on regulatory criteria, the OCR selects a number of recipients each year for
compliance reviews, audits that require recipients to submit data showing that they are
providing services equitably to all segments of their service population and that their
employment practices meet equal opportunity standards.
F. Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and
conviction records in making hiring decisions. See Advisory for Recipients of Financial
Assistance from the U.S. Department of Justice on the U.S. Equal Employment
Opportunity Commission's Enforcement Guidance: Consideration of Arrest and
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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.
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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.
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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
2017— Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions
2017 — Victims of Crime Act (VOCA) Crime Victim Assistance
Special Conditions
The following program specific requirements are imposed by the Federal sponsoring agency
concerning special requirements of law, program requirements, and other administrative
requirements. These requirements apply to this Agreement and must be passed on to subgrant
award recipients.
A. Grantee Organizational Eligibility Requirements:
VOCA establishes eligibility criteria that must be met by all organizations that receive VOCA
funds. These funds are to be awarded to grantees only for providing services to victims of crime
through their staff. Each grantee organization shall meet the following requirements:
1. Public or Non-profit Organization: To be eligible to receive VOCA funds, organizations
must be operated by a public or nonprofit organization, or a combination of such
organizations, and provide services to crime victims.
2. Record of Effective Services to Victims of Crime and Financial Support from Sources
other than VOCA: Demonstrate a record of providing effective services to crime victims
and financial support from sources other than the VOCA fund. This includes having the
support and approval of its direct services by the community, having a history of providing
direct services in a cost-effective manner and the breadth or depth of its financial support
comes from sources other than the VOCA fund.
3. Substantial Financial Support from Sources Other than the Crime Victims Fund (New
Programs): Those programs that have not yet demonstrated a record of providing effective
services to crime victims may be eligible to receive VOCA funding if it has substantial
financial support from sources other than the Crime Victims Fund (VOCA). Substantial
financial support is when at least 25% of the program's funding in the year of, or the year
preceding the award comes from other sources, which may include other federal funding
programs. If the funding is non-federal (or meets the DOJ Grants Financial Guide exceptions
for using federal funds for match), then a program may count the used funding toward its
match requirement.
4. Project Match Requirements: The purpose of matching contributions is to increase the
amount of resources available to the projects supported by grant funds. Matching
contributions of 20% (cash or in -kind) of the total cost of each VOCA project (VOCA
project = VOCA grant plus match), are required for each VOCA-funded project and must be
derived from non-federal sources, except as provided in the DOJ Grants Financial Guide,
effective edition (Part III. Post Award Requirements, Chapter 3. Matching or Cost Sharing).
All funds designated as match are restricted to the same uses as the VOCA victim assistance
funds and must be expended within the grant period. Match must be provided on a project -
by -project basis. Any deviation from this policy must be approved by the federal Office for
Victim of Crime.
5. Volunteers: Programs are required to use volunteers in order to be eligible to receive VOCA
funds. The state may waive this requirement, provided the programs submits written
2017-VA-GX-0037
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2017 — Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions
documentation of its efforts to recruit and maintain volunteers, or otherwise demonstrate why
circumstances prohibit the use of volunteers to the satisfaction of the state.
6. Promote Community Efforts to Aid Crime Victims. Coordinated public and private efforts
to aid crime victims may include, but are not limited to, serving on federal, state, local or
tribal work groups to oversee and recommend improvements to community responses to
crime victims, and developing written agreements and protocols for such responses.
7. Help Victims Apply for Compensation Benefits. Such assistance may include, but is not
limited to, referring potential recipients to an organization that can assist, identifying crime
victims and advising them of the availability of compensation benefits, assisting potential
recipients with application forms and procedures, obtaining necessary documentation,
monitoring claim status, and intervening on behalf of potential recipients with the crime
victims' compensation program
B. VOCA Requirements for Grantees:
1. The Grantee authorizes DCJ, Office for Victims of Crime (OVC) and/or the Office of the
Chief Financial Officer (OCFO), and its representatives, access to and the right to examine
all records, books, paper or documents related to the VOCA grant.
2. The grantee agrees to submit a Subgrant Award Report (SAR) part 2 to the Division of
Criminal Justice within 30 days of receiving an award.
3. VOCA Requirements
The grantee assures that the grantee and its subgrantees will comply with the conditions of
the Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 42
U.S.C. 10603(a)(2) and (b)(1) and (2) (and the applicable program guidelines and
regulations), as required. Specifically, the grantee certifies that funds under this award will:
a. be awarded only to eligible victim assistance organizations, 42 U.S.C.
10603(a)(2);
b. not be used to supplant State and local public funds that would otherwise be
available for crime victim assistance, 42 U.S.C. 10603(a)(2); and
c. be allocated in accordance with program guidelines or regulations implementing
42 U.S.C. 10603(a)(2)(A) and 42 U.S.C. 10603(a)(2)(B) to, at a minimum, assist
victims in the following categories: sexual assault, child abuse, domestic violence,
and underserved victims of violent crimes as identified by the State.
Note: Section 14043g was editorially reclassified as section 12511 of Title 34, Crime Control
and Law Enforcement.
4. Demographic Data
The grantee assures that its subgrantees will collect and maintain information on race, sex,
national origin, age, and disability of victims receiving assistance, where such information is
voluntarily furnished by the victim.
2017-VA-GX-0037
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2017— Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions
5. Discrimination Findings
The grantee assures that in the event that a Federal or State court or Federal or State
administrative agency makes a finding of discrimination after a due process hearing on the
ground of race, religion, national origin, sex, or disability against a grantee of victim
assistance formula funds under this award, the grantee will forward a copy of the findings to
DCJ and the Office for Civil Rights of OJP.
6. The grantee understands that all OJP awards are subject to the National Environmental
Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including
the National Historic Preservation Act), if applicable. The grantee agrees to assist DCJ and/or
OJP in carrying out its responsibilities under NEPA and related laws, if the grantee plans to
use VOCA funds (directly or through subaward or contract) to undertake any activity that
triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App.
D.) The grantee also agrees to comply with all Federal, State, and local environmental laws
and regulations applicable to the development and implementation of the activities to be
funded under this award.
7. The grantee agrees to submit (and, as necessary, require sub -recipients to submit) quarterly
performance reports on the performance metrics identified by DCJ and OVC. These
quarterly reports are completed and submitted in the federal Performance Measures Tool
(PMT) system. This information on the activities supported by the award funding will assist
in assessing the effects that VOCA Victim Assistance funds have had on services to crime
victims within the jurisdiction.
8. The grantee agrees to submit quarterly performance reports on the performance metrics
identified by OVC. These quarterly reports are completed and submitted in the federal
Performance Measures Tool (PMT) system.
9. Grantee integrity and performance matters: Requirement to report information on certain
civil, criminal, and administrative proceedings to SAM and FAPIIS.
The grantee must comply with any and all applicable requirements regarding reporting of
information on civil, criminal, and administrative proceedings connected with (or connected
to the performance of) either this OJP award or any other grant, cooperative agreement, or
procurement contract from the federal government. Under certain circumstances, grantees of
OJP awards are required to report information about such proceedings, through the federal
System for Award Management (known as "SAM"), to the designated federal integrity and
performance system (currently, "FAPIIS").
The details of grantee obligations regarding the required reporting (and updating) of
information on certain civil, criminal, and administrative proceedings to the federal
designated integrity and performance system (currently, "FAPIIS") within SAM are posted
on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Grantee
Integrity and Performance Matters, including Grantee Reporting to FAPIIS), and are
incorporated by reference here.
10. The subject grant provides funds from the Victims of Crime Act of 1984 (VOCA) to enhance
crime victim services in the State. These funds are awarded by the State to local community -
based organizations that provide direct services to crime victims. None of the following
activities will be conducted either under the OJP federal action or a related third party action:
2017-VA-GX-0037
Page 3 of 4 09/28/2017
2017— Victims of Crime Act (VOCA) Crime Victim Assistance Special Conditions
1. New construction. 2. Any renovation or remodeling of a property either (a) listed on or
eligible for listing on the National Register of Historical Places or (b) located within a 100 -
year floodplain. 3. A renovation which will change the basic prior use of a facility or
significantly change its size. 4. Research and technology whose anticipated and future
application could be expected to have an effect on the environment. 5. Implementation of a
program involving the use of chemicals. Consequently, the subject federal action meets OJP's
criteria for a categorical exclusion as contained in paragraph 4.(b) of Appendix D to Part 61
of the Code of Federal Regulations. Additionally, the proposed action is neither a phase or a
segment of a project which when viewed in its entirety would not meet the criteria for a
categorical exclusion.
C. Crime Victims Services (CVS) Requirements:
1. Future funding: The capacity for CVS grant funds to provide future dollars for projects is
undetermined at this time.
2. Grantee Agency shall notify the Division of Criminal Justice (DCJ) if the agency has
obtained funding for a specific (OVP) funded position that totals more than 100% of the cost
for that position. The agency must resolve the allocation of funds to the satisfaction of DCJ.
3. Grantee agency must notify DCJ immediately in writing, in the method determined by DCJ
of:
• any OVP grant funded personnel changes;
• any OVP grant funded position that is vacant more than 45 days;
• any change of an Official and/or employee who is listed as a responsible party on this
OVP grant funded project.
4. State Confidentiality of Victims Information: The Grantee certifies that the signing
authorities, all staff and volunteers assigned to the project have read and understand, state
laws and applicable rules of professional conduct related to issues of confidentiality and
privilege, particularly with respect to releasing identifying information about victims of
crime, including, but not limited to, those found in C.R.S. 13-90-107.
5. Colorado Victim Rights Act (Applies to Government Agencies only): The Grantee Agency
assures that Grant signatories, all staff and volunteers assigned to the funded project have
read and understand the rights afforded to crime victims pursuant to 24-4.1-302.5 C.R.S., and
the services delineated pursuant to 24-4.1-303 and 24-4.1-304 C.R.S. commonly known as
the Victim Rights Act, and enabling legislation.
2017-VA-GX-0037
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Federal Awards issued from 2017 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
2017 FEDERAL REQUIREMENTS
Revised 10/25/17 — see revisions in red
2017 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. Requirements related to "de minimis" indirect cost rate 3
E. Requirement to report potentially duplicative funding 3
F. Requirements related to System for Award Management and Universal Identifier Requirements 3
G. All subawards ("subgrants") must have DCJ authorization 4
H. Specific post -award approval required to use a noncompetitive approach in any procurement contract 4
I. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
requirements and OJP or OVW authority to terminate award) 4
J. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings,
trainings, and other events 4
K. Requirement for data on performance and effectiveness under the award 5
L. Training Guiding Principles 5
M. Effect of failure to address audit issues 5
N. Potential imposition of additional requirements 6
O. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 6
P. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 6
Q. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 6
R. Restrictions on "lobbying" 6
S. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2017) 7
T. Reporting potential fraud, waste, and abuse, and similar misconduct 9
U. Restrictions and certifications regarding non -disclosure agreements and related matters 9
V. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) 10
W. Encouragement of policies to ban text messaging while driving 10
3. FINANCIAL REQUIREMENTS 11
A. Non -supplanting of State and local funds 1 1
B. Awards in excess of $5,000,000 - Certification related to federal taxes 11
4. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH OJP AWARDS 11
A. Civil rights laws and nondiscrimination provisions 11
B. Providing Services to Limited English Proficiency (LEP) Individuals 12
C. Ensuring Equal Treatment for Faith -Based Organizations 12
D. Ensuring Access to Federally Assisted Programs 13
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Federal Awards issued from 2017 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
E. Enforcing Civil Rights Laws 13
F. Using Arrest and Conviction Records in Making Employment Decisions 13
G. Complying with the Safe Streets Act 14
H. Meeting the EEOP Requirement 14
I. Meeting the Requirement to Submit Findings of Discrimination 15
J. Ensuring the Compliance of Subrecipients/Subgrantees 15
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 (subrecipient0 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.
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 42 U.S.C. 3795a), 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.
Revision 10/25/17:
• Section 3795 was editorially reclassified as section 10271 of Title 34, Crime
Control and Law Enforcement.
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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 2017
award.
For more information and resources on the Part 200 Uniform Requirements as they relate
to OJP and OVW awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm, or the OVW website at
https://www.justice.gov/ovw/grantees.
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
The grantee agrees to comply with the DOJ Grants Financial Guide as posted on the Office
of Justice Programs (OJP) or the Office on Violence Against Women (OVW) websites
(currently, the "2015 DOJ Grants Financial Guide"), including any updated version that
may be posted during the period of performance.
D. 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.
E. 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.
F. 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.
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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).
G. All subawards ("subgrants") must have DCJ authorization
The grantee, and any subrecipient ("subgrantee") at any tier, must seek approval from DCJ
for authorization of any subaward.
H. 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).
I. Requirements pertaining to prohibited conduct related to trafficking in persons
(including reporting requirements and OJP or OVW authority to terminate award)
The grantee, and any subrecipient ("subgrantee") at any tier, must comply with all
applicable requirements (including requirements to report allegations) pertaining to
prohibited conduct related to the trafficking of persons, whether on the part of grantees,
subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as
"employees" of the grantee or of any subrecipient.
The details of the grantee's obligations related to prohibited conduct related to trafficking
in persons are posted on the OJP web site at
https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm or OVW web site at
https://www.justice.gov/ovw/grantees (Award condition: Prohibited conduct by grantees
and subrecipients related to trafficking in persons (including reporting requirements and
OJP or OVW authority to terminate award)), and are incorporated by reference here.
J. 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),
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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 "2015 DOJ Grants Financial Guide").
OVW funded grants only: OVW has established guidelines and policies to help
recipients of OVW grants and cooperative agreements in planning meetings and
conferences. The documents listed below are designed to help minimize costs of
conferences funded by OVW and to provide tips for expediting the approval process for
conferences funded under OVW cooperative agreements.
• OVW Conference Costs Guidelines (PDF)
• OVW Instructions for DOJ-Sponsored Conference Request and Report Form (PDF), Oct 2016
• DOJ-Sponsored Conference Request and Report Form (Download Excel file)
• What's Delaying Your Conference Request and Other Frequently Asked Questions (PDF), 2O14
K. 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 DOJ in the manner (including within the timeframes) specified by DCJ in
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.
L. 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 federal
awarding agency (OJP or OVW, as appropriate) training guidelines. The OJP Training
Guiding Principles for Grantees and Subgrantees, are available at
https://ojp.gov/funding/ojptrainingguidingprinciples.htm, and the OVW Training Guiding
Principles for Grantees and Subgrantees, are available at
https://www.justice.gov/ovw/grantees.
M. 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.
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N 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"
O 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
P. 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 "
Q. 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 Part 38 of 28 C F R , a DOJ regulation, was amended effective May 4, 2016
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/cgi-bin/ECFR9page=browse), by browsing to
Title 28 -Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data
R. 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
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implement policies and develop and promote state, local, or tribal legislation or model
codes designed to reduce or eliminate domestic violence, dating violence, sexual
assault, and stalking (as those terms are defined in 42 U.S.C. 13925(a)) when such
collaboration and provision of information is consistent with the activities otherwise
authorized under this grant program.
Revision 10/25/17:
• Section 13925 was editorially reclassified as section 12291 of Title 34, Crime
Control and Law Enforcement. Replace 42 USC 13925(a) with 34 USC 12291(a).
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.
S. Compliance with general appropriations -law restrictions on the use of federal funds
(FY 2017)
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, 2017, 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.
Restrictions applicable to all federal funds awarded in FY2017
(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;
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(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 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
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Reform Now (ACORN), or any of its affiliates, subsidiaries, allied organizations, or
successors.
T. 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, 950 Pennsylvania Avenue, N.W.
Room 4706, Washington, DC 20530; (2) e-mail to: oig.hotline@usdoj.gov; and/or (3) 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://www.usdoj.gov/oig.
U. 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
information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the grantee --
(a) represents that it neither requires nor has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit
or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
(b) certifies that, if it learns or is notified that it is or has been requiring its
employees or contractors to execute agreements or statements that prohibit or
otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of
award funds, will provide prompt written notification to the federal agency
making this award, and will resume (or permit resumption of) such obligations
only if expressly authorized to do so by that agency.
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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.
V. 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
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 DCJ or the DOJ awarding agency (OJP or OVW, as
appropriate) for guidance.
W.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.
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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.
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.
4. CIVIL RIGHTS REQUIREMENTS ASSOCIATED WITH OJP AWARDS
The Grantee hereby agrees that it will comply, and all of its recipients ("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 grants and
cooperative agreements may be subject to various federal civil rights laws for reasons other
than their receipt of OJP 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 award (that is, an OJP grant or cooperative agreement) is a form of
"federal financial assistance," the recipient of an OJP award (and any "subrecipient" at any
tier) must comply with additional civil -rights -related requirements above and beyond those
that otherwise would apply.
In general, these additional requirements fall into one of two categories:
1. Civil rights laws (sometimes referred to as "cross -cutting" federal civil rights
statutes). These apply to essentially any entity that receives an award of federal
financial assistance -- regardless of which federal agency awards the grant or
cooperative agreement -- and encompass the "program or activity" funded in whole
or in part with the federal financial assistance.
2. Nondiscrimination provisions. These are requirements or restrictions that apply to
certain OJP awards -- in addition to the civil rights laws -- because they are set out
in a statute that applies specifically to one or more particular OJP grant programs,
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or to OJP awards made under a particular legal authority. Much like the civil rights
laws, these provisions apply variously to the programs, activity, or undertaking
funded in whole or in part by OJP, and are described herein.
a. Such nondiscrimination provisions apply to some, but not all, OJP grant
programs.
b. The nondiscrimination provisions that apply to an OJP award (above and
beyond the requirements in "cross -cutting" civil rights laws) may vary
from award to award, even for awards made during the same fiscal year.
c. Typically, no more than one of these nondiscrimination provisions will
apply to any particular OJP award.
General information on the civil rights laws that apply to every OJP award, and on the
nondiscrimination provisions that apply to some OJP awards, is available at
https://ojp.gov/about/ocr/statutes.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 http://www.lep.gov.
C. Ensuring Equal Treatment for Faith -Based Organizations
The DOJ regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R. pt. 38,
prohibits faith -based organizations from using financial assistance from the DOJ to fund
inherently (or explicitly) religious activities. While faith -based organizations can engage in
non -funded inherently religious activities, they must hold them separately from the
program funded by the DOJ, and recipients cannot compel beneficiaries to participate in
them. The Equal Treatment 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. For more information on the regulation, please see
the OCR's website at http://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm.
Faith -based organizations should also note that the Omnibus Crime Control and Safe
Streets Act (Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of
Crime Act of 1984, as amended, 42 U.S.C. § 10604(e); the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub.
L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified at 42 U.S.C. § 13925(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
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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.
Revision 10/25/17:
• Section 3789 was editorially reclassified as section 10228 of Title 34, Crime Control and
Law Enforcement.
• Section 13925 was editorially reclassified as section 12291 of Title 34, Crime Control and
Law Enforcement. Replace 42 USC 13925(a) with 34 USC 12291(a).
• Section 5672 was editorially reclassified as section 11182 of Title 34, Crime Control and
Law Enforcement.
D. Ensuring Access to Federally Assisted Programs
Federal laws that apply to recipients of financial assistance from the DOJ prohibit
discrimination on the basis of race, color, national origin, religion, sex, or disability in
funded programs or activities, not only in employment but also in the delivery of services
or benefits. A federal law also prohibits recipients from discriminating on the basis of age
in the delivery of services or benefits.
In March of 2013, President Obama signed the Violence Against Women Reauthorization
Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by
including a nondiscrimination grant condition that prohibits discrimination based on actual
or perceived race, color, national origin, religion, sex, disability, sexual orientation, or
gender identity. The new nondiscrimination grant condition applies to certain programs
funded after October 1, 2013. The OCR and the OVW have developed answers to some
frequently asked questions about this provision to assist recipients of VAWA funds to
understand their obligations. The Frequently Asked Questions are available at
hap://ojp.gov/about/ocr/vawafaqs.htm.
E. Enforcing Civil Rights Laws
All recipients of federal financial assistance, regardless of the particular funding source,
the amount of the grant award, or the number of employees in the workforce, are subject to
prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients
that are the subject of discrimination complaints from both individuals and groups. In
addition, based on regulatory criteria, the OCR selects a number of recipients each year for
compliance reviews, audits that require recipients to submit data showing that they are
providing services equitably to all segments of their service population and that their
employment practices meet equal opportunity standards.
F. Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and
conviction records in making hiring decisions. See Advisory for Recipients of Financial
Assistance from the U.S. Department of Justice on the U.S. Equal Employment
Opportunity Commission's Enforcement Guidance: Consideration of Arrest and
Page 13 of 15 1 0/09/1 7
Federal Awards issued from 2017 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
http //www cup usdoj 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
If your organization has less than fifty employees or receives an award of less than $25,000
or is a nonprofit organization, a medical institution, an educational institution, or an Indian
tribe, then it is exempt from the EEOP requirement To claim the exemption, your
organization must complete and submit Section A of the Certification Form, which is
available online at http //www ojp usdoj gov/about/ocr/pdfs/cert pdf
If your organization is a government agency or private business and receives an award of
$25,000 or more, but less than $500,000, and has fifty or more employees (counting both
full- and part-time employees but excluding political appointees), then it has to prepare a
Utilization Report (formerly called an EEOP Short Form), but it does not have to submit
the report to the OCR for review Instead, your organization has to maintain the Utilization
Report on file and make it available for review on request In addition, your organization
has to complete Section B of the Certification Form and return it to the OCR The
Certification Form is available at http //www ojp usdoj gov/about/ocr/pdfs/cert pdf
If your organization is a government agency or private business and has received an award
for $500,000 or more and has fifty or more employees (counting both full- and part-time
employees but excluding political appointees), then it has to prepare a Utilization Report
(formerly called an EEOP Short Form) and submit it to the OCR for review within sixty
days from the date of this letter For assistance in developing a Utilization Report, please
consult the OCR's website at http //www ojp usdoj gov/about/ocr/eeop htm In addition,
your organization has to complete Section C of the Certification Form and return it to the
OCR The Certification Form is available at
http //www ojp usdoj gov/about/ocr/pdfs/cert pdf
To comply with the EEOP requirements, you may request technical assistance from an
EEOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307-2027, or
by e-mail at EEOsubmisson@usdoj gov
Page 14 of 15 10/09/17
Federal Awards issued from 2017 Federal Awards
Applicable to Office of Justice Programs Grants and Cooperative Agreements
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 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 In addition, SAAs
must submit to the OCR every three years written Methods of Administration (MOA) that
summarize the policies and procedures that they have implemented to ensure the civil
rights compliance of subrecipients For more information on the MOA requirement, see
http //www ow usdoj gov/funding/other_requirements htm
If the OCR can assist you in any way in fulfilling your organization's civil rights
responsibilities as a recipient of federal financial assistance, please contact us
Page 15 of 15 10/09/17
2015 & 2016 - Victims of Crime Act (VOCA) Special Conditions
2015 & 2016 - Victims of Crime Act (VOCA) Special Conditions
The following program specific requirements are imposed by the Federal sponsoring agency
concerning special requirements of law, program requirements, and other administrative requirements.
These requirements apply to this Agreement and must be passed on to subgrant award recipients.
A. Standard OVP Conditions
1. Future Funding: The capacity for VOCAformula grant funds to provide future continuation
dollars for projects is undetermined at this time. .
2. Grantee Agency shall notify the Division of Criminal Justice (DCJ) if the agency has obtained
funding for a specific (OVP) funded position that totals more than 100% of the cost for that
position. The agency must resolve the allocation of funds to the satisfaction of the DCJ.
3. Grantee Agency must notify DCJ immediately in writing, in the method determined by DCJ,
of:
any OVP grant funded personnel changes;
- any OVP grant funded position that is vacant for 45 days;
- any change of an Official and/or employee who is listed as a responsible party on this
OVP grant funded project.
4. State Confidentiality of Victims Information: The Grantee certifies that the signing
authorities, all staff and volunteers assigned to the project have read and understand, state laws
and applicable rules of professional conduct related to issues of confidentiality and privilege,
particularly with respect to releasing identifying information about victims of crime, include,
but not limited to, those found in C.R.S. §13-90-107.
5. Colorado Victims Rights Act (Applies to Government Agencies only): The Grantee Agency
assures that the Grant signatories, all staff and all volunteers assigned to the funded project
have read and understand the rights afforded to crime victims pursuant to X24-4.1-302.5 C.R.S.,
and the services delineated pursuant to §24-4.1-303 and 24-4.1-304 C.R.S., commonly known
as the Victim Rights Act, and enabling legislation.
B. Grantee Organizational Eligibility Requirements: The Grantee will comply with the conditions
of Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 42 U.S.C.
10603(a)(2) and (b)(1) and (2) (and the applicable program guidelines and regulations), as
required. VOCA establishes eligibility criteria that must be met by all organizations that receive
VOCA funds. These funds are to be awarded to grantees only for providing services to victims of
crime through their staff Each grantee organization shall meet the following requirements:
1. Public or Non-profit Organization: To be eligible to receive VOCA funds, organizations
must be operated by a public or nonprofit organization, or a combination of such organizations,
and provide services to crime victims.
2. Record of Effective Services to Victims of Crime and Financial Support from Sources other
than VOCA: Demonstrate a record of providing effective services to crime victims and
financial support from sources other than the VOCA fund. This includes having the support
and approval of its services by the community, and having a history of providing direct services
in a cost-effective manner.
3. Substantial Financial Support from Sources Other than the Crime Victims Fund (New
Programs): Those programs that have not yet demonstrated a record of providing effective
1 2015-VA-GX-0040 (08/31/15)
& 2016-VA-GX-0070 (09/19/2016)
2015 & 2016 - Victims of Crime Act (VOCA) Special Conditions
services to crime victims may be eligible to receive VOCA funding if it has substantial
financial support from sources other than the Crime Victims Fund (VOCA) Substantial
financial support is when at least 25% of the program's funding in the year of, or the year
preceding the award comes from other sources, which may include other federal funding
programs If the funding is non-federal (or meets the DOJ Grants Financial Guide exceptions
for using federal funds for match), then a program may count the used funding toward its match
requirement
4 Project Match Requirements The purpose of matching contributions is to increase the
amount of resources available to the projects supported by grant funds Matching contributions
of 20% (cash or in -kind) of the total cost of each VOCA project (VOCA project = VOCA grant
plus match) are required for each VOCA-funded project and must be derived from non-federal
sources, except as provided in the DOJ Grants Financial Guide, effective edition (Part III Post
Award Requirements, Chapter 3 Matching or Cost Sharing) All funds designated as match
are restricted to the same uses as the VOCA victim assistance funds and must be expended
within the grant period Match must be provided on a project -by -project basis Any deviation
from this policy must be approved by OVC
For the purposes of this program, in -kind match may include donations of expendable
equipment, office supplies, workshop or classroom materials, work space, or the monetary
value of time contributed by professionals and technical personnel and other skilled and
unskilled labor, if the services they provide are an integral and necessary part of a funded
project The value placed on donated services must be consistent with the rate of compensation
paid for similar work in the subrecipient's organization If the required skills are not found in
the subrec►pient's organization, the rate of compensation must be consistent with the labor
market In either case, fringe benefits may be included in the valuation The value placed on
loaned or donated equipment may not exceed its fair market value The value of donated space
may not exceed the fair rental value of comparable space as established by an independent
appraisal of comparable space and facilities in privately owned buildings in the same locality
a Record Keeping VOCA grantees must maintain records that clearly show the source,
the amount, and the period during which the match was allocated The basis for
determining the value of personal services, materials, equipment, and space and
facilities must be documented Volunteer services must be documented, and to the
extent feasible, supported by the same methods used by the Gubrecipient grantee for its
own paid employees (generally this should include timesheets substantiating time
worked on the project)
b Exceptions to the Project Match Requirement The match requirement is waived for the
following entities
i Federally Recognized Tribes or Projects that Operate on Tribal Lands
ii Territories or possessions of the United States (except for the Commonwealth of
Puerto Rico)
iii The federal Office for Victims of Crime may waive the match requirement for
other grantees if extraordinary need is documented by the State VOCA
administrator Grantees must apply to OVC (through the Office for Victims
Programs) to request a match waiver
5 Volunteers: The Grantee Agency must use volunteers unless the state grantee determines there
is a compelling reason to waive this requirement A "compelling reason" may be a statutory or
2 2015-VA-GX-0040 (08/31/15)
& 2016-VA-GX-0070 (09/19/2016)
2015 & 2016 - Victims of Crime Act (VOCA) Special Conditions
contractual provision concerning liability or confidentiality of counselor/victim information,
which bars using volunteers for certain positions, or the inability to recruit and maintain
volunteers after a sustained and aggressive effort.
6. Promote Community Efforts to Aid Crime Victims. Promote, within the community,
coordinated public and private efforts to aid crime victims. Coordination may include, but is
not limited to, serving on state, federal, local, or Native American task forces, commissions,
working groups, coalitions, and/or multi -disciplinary teams. Coordination efforts also include
developing written agreements that contribute to better and more comprehensive services to
crime victims. Coordination efforts qualify an organization to receive VOCA victim assistance
funds, but are not activities that can be supported with VOCA funds.
7. Help Victims Apply for Compensation Benefits. Such assistance may include identifying and
notifying crime victims of the availability of compensation, assisting them with application
forms and procedures, obtaining necessary documentation, and/or checking on claim status.
8. Do Not Discriminate Against Victims because they Disagree with the way the State is
Prosecuting the Criminal Case.
Revised 10/27/17:
• Section 14043g was editorially reclassified as section 12511 of Title 34, Crime Control and
Law Enforcement.
C. Other VOCA Requirements for Grantees:
1. Comply with Federal Rules Regulating Grants. The Grantee Agency must comply with the
applicable provisions of the VOCA statute, the Program Guidelines and Rule, and the
requirements of the Departement Of Justice Grants Financial Guide as posted on the OJP
webiste including any updated version that may be posted during the award period which
includes maintaining appropriate programmatic and financial records that fully disclose the
amount and disposition of VOCA funds received.
2. Comply with State Criteria. The Grantee Agency must abide by any additional eligibility or
service criteria as established by the state grantee including submitting statistical and
programmatic information on the use and impact of VOCA funds (including the quarterly
federal PMT Subgrantee Data Report) , as requested by the State grantee.
3. Services to Victims of Federal Crimes. The Grantee Agency must provide services to victims
of federal crimes on the same basis as victims of state/local crimes
4. No Charge to Victims for VOCA-funded Services. The Grantee Agency must provide
services to crime victims, at no charge, through the VOCA-funded project. Any deviation from
this provision requires prior approval by DCJ. Prior to authorizing grantees to generate
income, OVC strongly encourages VOCA administrators to carefully weigh the following
considerations regarding federal funds generating income for grantee organizations.
a. The purpose of the VOCA victim assistance grant program is to provide services to all
crime victims regardless of their ability to pay for services rendered or availability of
insurance or other third -party payment resources. Crime victims suffer tremendous
emotional, physical, and financial losses. It was never the intent of VOCA to
exacerbate the impact of the crime by asking the victim to pay for services.
b. Grantee must have the capability to track program income in accordance with federal
financial accounting requirements. All VOCA-funded program income (including
3 2015-VA-GX-0040 (08/31/15)
& 2016-VA-GX-0070 (09/19/2016)
2015 & 2016 - Victims of Crime Act (VOCA) Special Conditions
match income), no matter how large or small, is restricted to the same uses as the
VOCA grant and must be expended during the grant period in which it is generated
Prior to the generation of Project Income, Grantee must obtain prior approval from
DCJ
5. Confidentiality of information:
a VOCA grantees shall, to the extent permitted by law, reasonably protect the
confidentiality and privacy of persons receiving services under this program and shall
not disclose, reveal or release, except pursuant to paragraphs (b) and (c) of this section —
i Any personally identifying information or individual information collected in
connection with VOCA funded services requested, utilized, or denied, regardless
of whether such information has been encoded, encrypted, hashed, or otherwise
protected, or
ii Individual client information, without the informed, written reasonably time -
limited consent of the person about whom information is sought, except that
consent for release may not be given by the abuser of a minor, incapacitated
person, or the abuser of the other parent of the minor If a minor or a person
with a legally appointed guardian is permitted by law to receive services without
a parent's (or the guardian's) consent, the minor or person with a guardian may
consent to release of information without additional consent from the parent or
guardian
b Release If release of information is described in paragraph (a)(u) of this section is
compelled by statutory or court mandate, VOCA grantees shall make reasonable
attempts to provide notice to victims affected by the disclosure of the information, and
take reasonable steps necessary to protect the privacy and safety of the persons affected
by the release of the information
c Information Sharing Grantees may share
i Non -personally identifying data in the aggregate regarding services to their
clients and non -personally identifying demographic information in order to
comply with reporting, evaluation, or data collection requirements,
11 Court -generated information and law -enforcement -generated information
contained in secure governmental registries for protection order enforcement
purposes, and
111 Law enforcement and prosecution -generated information necessary for law
enforcement and prosecution purposes
d Personally identifying information In no circumstances may —
iv A crime victim be required to provide a consent to release personally identifying
information as a condition of eligibility for VOCA-funded services,
v Any personally identifying information be shared in order to comply with
reporting, evaluation, or data -collection requirements of any program,
e Mandatory reporting Nothing in this section prohibits compliance with legally
mandated reporting of abuse or neglect
4 2015-VA-GX-0040 (08/31/15)
& 2016-VA-GX-0070 (09/19/2016)
2015 & 2016 - Victims of Crime Act (VOCA) Special Conditions
6 Demographic Data. The grantee will collect and maintain information on race, sex, national
origin, age, and disability of victims receiving assistance, where such information is voluntarily
furnished by the victim [Not applicable to grants funded 100% from federal grant 2015 -
VF -G%-0013, excluding match funds ]
7 Non -Profits All non-profit grantees of VOCA Assistance funding under this award are
required to make their financial statements available online (either on the grantee's or another
publicly available website) OVC will consider grantee organizations that have Federal
501(c)(3) tax status as in compliance with this requirement, with no further action needed, to
the extent that such organization files IRS Form 990 or similar tax document (e g , 990-EZ), as
several sources already provide searchable online databases of such financial statements
All non-profit grantees of VOCA Assistance funding under this award are required to certify
their non-profit status Grantees may certify their non-profit status by submitting a statement to
DCJ (to be placed in the grant file) affirmatively asserting that the grantee is a non-profit
organization, and indicating that it has on file, and available upon audit, either — 1) a copy of
the grantee's 501(c)(3) designation letter, 2) a letter from the grantee's state/territory taxing
body or state/territory attorney general stating that the grantee is a non-profit organization
operating within the state/territory, or 3) a copy of the grantee's state/territory certificate of
incorporation that substantiates its non-profit status Grantees that are local non-profit affiliates
of state/territory or national non -profits should have available proof of (1), (2) or (3), and a
statement by the state/territory or national parent organization that the grantee is a local non-
profit affiliate
8 Access to Records The Grantee authorizes Office for Victims of Crime (OVC) and/or the
Office of the Chief Financial Officer (OCFO), and its representatives, access to and the right to
examine all records, books, paper or documents related to the VOCA grant The State will
further ensure that all VOCA subgrantees will authorize representatives of OVC and OCFO
access to and the right to examine all records, books, paper or documents related to the VOCA
grant
9 Compliance with NEPA and National Historic Preservation Act. The grantee understands
that all OJP awards are subject to the National Environmental Policy Act (NEPA, 42 U S C
section 4321 et seq ) and other related Federal laws (including the National Historic
Preservation Act), if applicable The recipient agrees to assist OJP in carrying out its
responsibilities under NEPA and related laws, if the grantee plans to use VOCA funds (directly
or through subaward or contract) to undertake any activity that triggers these requirements,
such as renovation or construction (See 28 C F R Part 61, App D ) The recipient also agrees
to comply with all Federal, State, and local environmental laws and regulations applicable to
the development and implementation of the activities to be funded under this award
The subject grant provides funds from the Victims of Crime Act of 1984 (VOCA) to enhance
crime victim services in the State These funds are awarded by the State to local community -
based organizations that provide direct services to crime victims None of the following
activities will be conducted either under the OJP federal action or a related third party action 1
New construction 2 Any renovation or remodeling of a property either (a) listed on or eligible
for listing on the National Register of Historical Places or (b) located within a 100 -year
floodplain 3 A renovation which will change the basic prior use of a facility or significantly
change its size 4 Research and technology whose anticipated and future application could be
expected to have an effect on the environment 5 Implementation of a program involving the
use of chemicals Consequently, the subject federal action meets OJP's criteria for a categorical
5 2015-VA-GX-0040 (08/31/15)
& 2016-VA-GX-0070 (09/19/2016)
2015 & 2016 - Victims of Crime Act (VOCA) Special Conditions
exclusion as contained in paragraph 4 (b) of Appendix D to Part 61 of the Code of Federal
Regulations Additionally, the proposed action is neither a phase or a segment of a project
which when viewed in its entirety would not meet the criteria for a categorical exclusion
10 Grantee integrity and performance matters Requirement to report information on certain
civil, criminal, and administrative proceedings to SAM and FAPIIS
The grantee must comply with any and all applicable requirements regarding reporting of
information on civil, criminal, and administrative proceedings connected with (or connected to
the performance of) either this OJP or OVW award or any other grant, cooperative agreement,
or procurement contract from the federal government Under certain circumstances, recipients
of OJP or OVW awards are required to report information about such proceedings, through the
federal System for Award Management (known as "SAM"), to the designated federal integrity
and performance system (currently, "FAPIIS")
The details of grantee obligations regarding the required reporting (and updating) of
information on certain civil, criminal, and administrative proceedings to the federal designated
integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP
web site at http //ojp gov/funding/FAPIIS htm and the OVW web site at
https //www Justice gov/ovw/grantees (Award condition Recipient Integrity and Performance
Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here
11. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination — 28
C.F.R. Part 38
The grantee 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 Part 38 of 28 C F R a DOJ regulation, was amended
effective May 4, 2016 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 organizations that engage in or conduct explicitly
religious activities, as well as rules and requirements that pertain to grantees that are faith based
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 http //www ecfr gov), by browsing to Title 28 — Judicial
Administration, Chapter 1, Part 38, under e-CFR "current" data
12 Effect of failure to address audit issues The grantee understands and agrees that the DCJ
may withold award funds, or may imporse other related requirements if the grantee does not
satisfactorily and promptly address outstanding issues from audits required by the Part 200
Uniform Requirements (or the terms of this award), or other outstanding issues that arise in
connection with audits, investigations, or reviews of DOJ awards
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
6 2015-VA-GX-0040 (08/31/15)
& 2016-VA-GX-0070 (09/19/2016)
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DCJ and not the date the Grant was issued to a
Grantee from DCJ.
2015 & 2016 FEDERAL REQUIREMENTS
Revised 10/25/17 — see revisions in red
1. FINANCIAL & ADMINISTRATIVE MANAGEMENT
A. Compliance with the DOJ Grants Financial Guide
Grantee agrees to comply with the current edition of the U.S. Department of Justice (DOJ) Grants
Financial Guide as posted on the Office of Justice Programs (OJP) or the Office on Violence
Against Women (OVW) websites (currently, the "2015 DOJ Grants Financial Guide"), including
any updated version that may be posted during the period of performance.
B. Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements
Grantee agrees to comply with the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements in C.F.R. Part 200, as adopted and supplemented by the Department of Justice
(DOJ) in 2 C.F.R. Part 2800 (the "Part 200 Uniform Requirements") which apply to this award.
For more information on the Part 200 Uniform Requirements as they relate to OJP awards and
subawards ("subgrants") see the Office of Justice Programs (OJP) website at
http://ojp.gov/funding/Part200UniformRequirements.htm.
In the event that an award -related question arises from documents or other materials prepared or
distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of
the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
2. FEDERAL FUND PROHIBITIONS AND ALLOWANCES
A. Use of Federal Funds in lawmaking / Restrictions on "lobbying" and Policy Development
Federal funds may not be used by the recipient, or any subrecipient ("subgrantee") at any tier,
either directly or indirectly, to support the enactment, repeal, modification or adoption of any law,
regulation or policy, at any level of government, without the express prior written approval of DCJ,
in order to avoid violation of 18 USC § 1913. DCJ will obtain the appropriate approvals from the
DOJ awarding agency (OJP or OVW, as appropriate) .
Recipients, or any OVW subrecipient ("subgrantee"), of OVW grant dollars may, however, use
federal funds to collaborate with and provide information to federal, state, local, tribal and
territorial public officials and agencies to develop and implement policies and develop and promote
state, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence,
dating violence, sexual assault, and stalking (as those terms are defined in 42 USC 13925(a)) when
such collaboration and provision of information is consistent with the activities otherwise
authorized under this grant program
Should any question arise as to whether a particular use of Federal funds by a recipient (or
subrecipient) would or might fall within the scope of this prohibition, the recipient is to contact
DCJ for guidance.
Revision 10/25/17:
• Section 13925 was editorially reclassified as section 12291 of Title 34, Crime Control and
Law Enforcement. Replace 42 USC 13925(a) with 34 USC 12291(a).
1 Revised October 2017
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DCJ and not the date the Grant was issued to a
Grantee from DCJ.
B. Compliance with applicable rules regarding approval, planning, and reporting of
conferences, meetings, trainings, and other events
Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws,
regulations, policies, and official DOJ and DCJ 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 found on the DOJ awarding agency (OJP or OVW, as
appropriate) website (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ
Grants Financial Guide").
C. Compliance with General Appropriations -law restrictions on the use of federal funds (FY
2016)
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,
2016, are set out at DOJ awarding agency website (OJP or OVW, as appropriate)
http://ojp.gov/funding/Explore/FY2016- AppropriationsLawRestrictions.htm or
https://www.justice.gov/ovw/grantees, 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 recipient
is to contact DCJ for guidance, and may not proceed without the express prior written approval of
DCJ.
(1) Restrictions applicable to all federal funds awarded by OVW or OJP in FY 2016
(a) Publicity or propaganda. Federal funds are not legally available, and may not be used
(whether directly or indirectly, including by private contractors), for publicity or propaganda
purposes not authorized by the Congress.
(b) Certain employee trainings. Federal funds are not legally available, and may not be used,
for any employee training that—
i. does not meet identified needs for knowledge, skills, and abilities bearing directly upon
the performance of official duties;
ii. contains elements likely to induce high levels of emotional response or psychological
stress in some participants;
iii. does not require prior employee notification of the content and methods to be used in
the training and written end -of -course evaluation;
iv. 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
v. is offensive to, or designed to change, participants' personal values or lifestyle outside
the workplace.
2 Revised October 2017
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DCJ and not the date the Grant was issued to a
Grantee from DCJ.
Nothing in this provision prohibits, restricts, or otherwise precludes an agency from
conducting training bearing directly upon the performance of official duties.
(c) Nondisclosure policies, forms, and agreements.
i. General rule - Federal funds are not legally available, and may not be used, to
implement or enforce any nondisclosure policy, form, or agreement, if such policy,
form, or agreement does not contain the following provisions:
"These provisions are consistent with and do not supersede, conflict with, or otherwise
alter the employee obligations, rights, or liabilities created by existing federal statute or
Executive Order relating to-- (1) classified information; (2) communications to
Congress; (3) the reporting to an Inspector General of a violation of any law, rule, or
regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a
substantial and specific danger to public health or safety; or (4) any other whistleblower
protection. The definitions, requirements, obligations, rights, sanctions, and liabilities
created by controlling Executive Orders and federal statutory provisions are
incorporated into this agreement and are controlling. "
Notwithstanding the above provision, a nondisclosure policy, form, or agreement that is
to be executed by a person connected with the conduct of an intelligence or intelligence -
related activity, other than an employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for which such document is to be
used. Such form or agreement shall, at a minimum, require that the person will not
disclose any classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such nondisclosure
forms shall also make it clear that they do not bar disclosures to Congress, or to an
authorized official of an executive agency or the United States Department of Justice, that
are essential to reporting a substantial violation of law.
ii. 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 or OVW.
(d) ACORN and related organizations. Absent express prior written approval from OJP or
OVW, federal funds may not be provided to the Association of Community Organizations for
Reform Now (ACORN), or any of its affiliates, subsidiaries, allied organizations, or
successors.
(2) Restrictions applicable only to certain federal funds under OJP awards made in FY
2016
(a) Nondiscrimination in programs involving students. Funds appropriated under the
Department of Justice Appropriations Act, 2016, and awarded by OJP or OVW are not legally
available, and may not be used, to discriminate against or denigrate the religious or moral
beliefs of students who participate in programs for which financial assistance is provided from
those funds, or those of their parents or legal guardians.
3 Revised October 2017
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DCJ and not the date the Grant was issued to a
Grantee from DCJ.
(b) Blocking of pornography on computer networks. Funds appropriated under the
Department of Justice Appropriations Act, 2016, and awarded by OJP or OVW are not legally
available, and may not be used, to maintain or establish a computer network unless such
network blocks the viewing, downloading, and exchanging of pornography.
Nothing in this provision limits the use of funds necessary for any federal, State, tribal, or
local law enforcement agency or any other entity carrying out criminal investigations,
prosecution, adjudication, or other law enforcement- or victim assistance -related activity.
(This provision also applies to any OJP or OVW award of other funds appropriated under the
Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016.)
(c) Award or incentive fees to contractors. Funds appropriated under the Department of
Justice Appropriations Act, 2016, and awarded by OJP or OVW are not legally available, and
may not be used, to pay award or incentive fees for contractor performance that has been
judged to be below satisfactory performance or for performance that does not meet the basic
requirements of a contract. (This restriction also applies to any OJP or OVWaward of other
funds appropriated under the Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2016.)
(d) Use of funds in connection with abortion. Funds appropriated under the Department of
Justice Appropriations Act, 2016, and awarded by OJP or OVW are not legally available, and
may not be used -- (1) to pay for an abortion, except where the life of the mother would be
endangered if the fetus were carried to term, or in the case of rape or incest; or (2) to require
any person to perform, or facilitate in any way the performance of, any abortion.
(e) "Pay -to -stay" at local jails. Funds appropriated to the Department of Justice through an
annual appropriations statute and awarded by OJP or OVW are not legally available to, and
may not be provided to, any local jail that runs a "pay -to -stay" program. (Monies in the Crime
Victims Fund are not appropriated through an annual appropriations statute.)
D. Duplication of Funding
Grantee agrees that if it 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 bused (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 to eliminate any inappropriate duplication of funding.
E. Non -Supplanting of Funds
(1) Grantee certifies that any required matching funds used to pay the non-federal portion of the
cost of this grant award are in addition to funds that would have otherwise been made available
for the purposes of this project.
(2) Grantee certifies that federal funds made available under this grant:
(a) Will not be used to supplant state or local funds that would otherwise be available for
activities under that grant.
(b) Where there is a reduced or unchanged local investment, then the Grantee shall give a
written explanation demonstrating that the Grantee's reduced or unchanged commitment
4 Revised October 2017
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DCJ and not the date the Grant was issued to a
Grantee from DCJ.
would have been necessitated even if federal financial support under this federal grant
program had not been made available.
F. 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).
G. Consultant Rate
Approval of this award does not indicate approval of any consultant rate, if consultants are allowed
under this award, in excess of $650 per day or $81.25 per hour. A detailed justification must be
submitted to DCJ with DCJ Form 16 (Professional Services/Consultant Certificate) and approved
by the federal awarding office (OJP or OVW) prior to obligation or expenditure of such funds. DCJ
will forward requests to the federal awarding office (OJP or OVW) for approval. Grantees are
required to maintain documentation to support all daily or hourly rates.
H. Employee Compensation
[Applicable to awards greater than $250,000] Federal funds may not be used to pay cash
compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds
110% of the maximum annual salary payable to a member of the federal government's Senior
Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that
year. (An award recipient may compensate an employee at a higher rate, provided the amount in
excess of this compensation limitation is paid with non-federal funds.)
I. Simplified Acquisition Threshold
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 that would exceed the Simplified Acquisition Threshold (currently,
$150,000). 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).
Specific post -award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $150,000)), and are incorporated by reference here.
3. CIVIL RIGHTS COMPLIANCE
The Grantee hereby agrees that it will comply, and all of its recipients ("subgrants") will comply, with
the applicable provisions of:
A. Meeting the EEOP Requirement
Grantee acknowledges that failure to submit an acceptable Certification of Compliance with
Regulations Regarding Civil Rights Requirements and Equal Employment Opportunity Plans
(EEOP) -DCJ Form 30 may result in suspension of funding until such time as the grantee is in
compliance, or termination of the award. Upon award, each Grantee will be required to do the
following:
(1) The Project Director must view all of the trainings on Civil Rights available on DCJ's
website and acknowledge by providing an original signature that the project's staff will be made
aware of all obligations regarding Civil Rights compliance;
5 Revised October 2017
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DCJ and not the date the Grant was issued to a
Grantee from DCJ.
(1) Submit the form to the Grantee Agency's Authorized Official for this grant;
(2) The Authorized Official must review the form in conjunction with Grantee personnel
responsible for reporting civil rights findings of discrimination;
(3) The Authorized Official must accurately complete the required information and provide all
information requested;
(4) The Authorized Official must provide an original signature on the form as indicated;
(5) The DCJ Form 30 with original signature must be returned to DCJ with the Grant Agreement;
and,
(6) A copy of the DCJ Form 30 must be forwarded to the Grantee personnel responsible for
reporting civil rights findings of discrimination at your agency/organization.
DCJ will forward a copy to the Office for Civil Rights, Office of Justice Programs, U.S.
Department of Justice.
B. 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 DCJ within 45 days of receipt of this grant
award. DCJ will forward a copy to the Office for Civil Rights (OCR) at the federal awarding office
(OJP or OVW).
C. 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.
D. 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)).
E. Ensuring Access to Federally Assisted Programs
The Violence Against Women Reauthorization Act of 2013 amends the Violence Against Women
Act of 1994 (VAWA) and includes a nondiscrimination grant condition that prohibits grantees
from excluding, denying benefits to, or discrimination against any person on the basis on actual or
perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity
in funded programs or activities, in whole or in part, not only in employment but also in the
delivery of services or benefits.
Federal law also prohibits recipients from discriminating on the basis of age in the delivery of
services or benefits.
6 Revised October 2017
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DC! and not the date the Grant was issued to a
Grantee, from DCJ.
F. 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
http://www.lep.gov.
G. Ensuring Equal Treatment for Faith -Based Organizations
The DOJ regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R. pt. 38, prohibits
faith -based organizations from using financial assistance from the DOJ to fund inherently (or
explicitly) religious activities. While faith -based organizations can engage in non -funded inherently
religious activities, they must hold them separately from the program funded by the DOJ, and
recipients cannot compel beneficiaries to participate in them. The Equal Treatment 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. For more
information on the regulation, please see the OCR's website at
http://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm.
Faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act
(Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984,
as amended, 42 U.S.C. § 10604(e); the Juvenile Justice and Delinquency Prevention Act of 1974,
as amended, 42 U.S.C. § 5672(b); and VA WA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62
(to be codified at 42 U.S.C. § 13925(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.
Revision 10/25/17:
• Section 3789 was editorially reclassified as section 10228 of Title 34, Crime Control and
Law Enforcement.
• Section 13925 was editorially reclassified as section 12291 of Title 34, Crime Control and
Law Enforcement. Replace 42 USC 13925(a) with 34 USC 12291(a).
• Section 5672 was editorially reclassified as section 11182 of Title 34, Crime Control and
Law Enforcement.
H. Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and conviction
records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the
U .S. Department of Justice on the U.S. Equal Employment Opportunity Commission's
Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions
U nder Title VII of the Civil Rights Act of 1964 (June 2013), available at
7 Revised October 2017
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DCJ and not the date the Grant was issued to a
Grantee from DCJ
http //www ojp usdoj 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)
I. Ensuring the Compliance of Subgrantees
Grantee must have standard assurances to notify subgrantees of their civil rights obligations,
written procedures to address discrimination complaints filed against subgrantees, methods to
monitor subgrantees' compliance with civil rights requirements, and a program to train subgrantees
on applicable civil rights laws
J. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C F R
Part 42
The grantee and any subrecipient ("subgiantee") 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
4 FRAUD, WASTE, ERROR AND ABUSE
A Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct
The grantee and any surecipient ("subgrantee") must promptly refer to the Department of Justice,
Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent,
subgrantee, 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 mail Office of the Inspector General U S Department of Justice
Investigations Division 950 Pennsylvania Avenue, N W Room 4706 Washington, DC 20530, email
oig hotline@usdoj gov, hotline (contact information in English and Spanish) (800) 869-4499, or
hotline fax (202) 616-9881 Additional information is available from the DOJ OIG website at
www usdoj gov/oig
B 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 information), or any other form issued by a
federal department or agency governing the nondisclosure of classified information
(1) In accepting this award, the grantee
(a) represents that it neither requires nor has required internal confidentiality agreements or
statements from employees or contractors that currently prohibit or otherwise currently restrict
8 Revised October 2017
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DCJ and not the date the Grant was issued to a
Grantee from DCJ
(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 DCJ, 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 ("sugbrants"),
procurement contracts, or both --
(a) it represents that it has determined that no other entity that the recipient's application
proposes may or will receive award funds (whether through a subaward ("subgrant"),
procurement contract, or subcontract under a procurement contract) either requires or has
required internal confidentiality agreements or statements from employees or contractors that
currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees
or contractors from reporting waste, fraud, or abuse as described above, and
(b) represents that it has made appropriate inquiry, or otherwise has an adequate factual basis,
to support this representation, and
(c) 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 DCJ, and will resume (or permit resumption of) such obligations
only if expressly authorized to do so by that agency
C Compliance with 41 U S C. 4712 (including prohibitions on reprisal; notice to employees)
The grantee must comply with, and is subject to, all applicable provisions of 41 U S C 4712,
including all applicable provisions that prohibit, under specified circumstances, discrimination against
an employee as reprisal for the employee's disclosure of information related to gross mismanagement
of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or regulation
related to a federal grant
The recipient also must inform its employees, in writing (and in the predominant native language of
the workforce), of employee rights and remedies under 41 U S C 4712
Should a question arise as to the applicability of the provisions of 41 U S C 4712 to this award, the
recipient is to contact the DCJ or the DOJ awarding agency (OJP or OVW, as appropriate) for
guidance
5. HIGH -RISK
Grantee agrees to comply with any additional requirements that may be imposed by DCJ during the
grant performance for this award, if the grantee is designatated as "high -risk"
6. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL
IDENTIFIER REQUIREMENTS
9 Revised October 2017
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DCJ and not the date the Grant was issued to a
Grantee from DCJ.
Grantee agrees to comply with applicable requirements regarding registration with the System for
Award Management (SAM), currently accessible at http://www.sam.gov. This includes applicable
requirements regarding registration with SAM, as well as maintaining the currency of information in
SAM.
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 recipient) 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's website at http://www.ojp.gov/funding/ Explore/SAM.htm and OVW's website
https://www.justice.gov/ovw/grantees (Award condition: Registration with the System for Award
Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This special 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).
7. 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), the Department of Justice (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.
8. 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 must adhere to the federal awarding agency (OJP or
OVW, as appropriate) OJP Training Guiding Principles for Grantees and Subgrantees, available at
http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm or OVW Training Guiding
Principles for Grantees and Subgrantees, available at https://www.justice.gov/ovw/grantees, as
appropriate.
9. REQUIREMENT FOR DATA ON PEROFRMANCE AND EFFECTIVENESS UNDER THE
AWARD
Grantee and subrecipients ("subgrantees") must collect, maintain, and provide to DCJ, data that
measure the performance and effectiveness of activities under this award, in the manner, and within
the timeframes, specified by DCJ. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws.
Recipients of OVW grant dollars (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.
10. FEDERAL PUBLIC POLICY ASSURANCES
A. The Grantee hereby agrees that it will comply, and all of its recipients ("subgrantees") or
procurement contractors will comply with the applicable provisions of:
(1) Safe Streets Act (Safe Streets Act) of 1968, as amended;
(2) Juvenile Justice and Delinquency Prevention Act of 1974, as amended ; and,
(3) All other applicable Federal laws, orders, circulars, regulations or guidelines.
10
Revised October 2017
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DCJ and not the date the Grant was issued to a
Grantee from DCJ
B The Grantee hereby agrees that it will comply, and all of its recipients ("subgrantees") will
comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including.
(1) Part 18, Administrative Review Procedure,
(2) Part 22, Confidentiality of Identifiable Research and Statistical Information,
(3) Part 23, Criminal Intelligence Systems Operating Policies,
(4) Part 30, Intergovernmental Review of Department of Justice Programs and Activities,
(5) Part 35, Nondiscrimination on the Basis of Disability in State and Local Government
Services,
(6) Part, 38, Equal Treatment for Faith Based Organizations,
(7) Part 42 Nondiscrimination/Equal Employment Opportunity Policies and Procedure,
(8) Part 61 Procedures of Implementing the National Environmental Policy Act,
(9) Part 63 Floodplain Management and Wetland Protection Procedures, and,
(10) The award term in 2 C F R § 175 15(b)
C. Grantee agrees to comply with the requirements of 28 C F R Part 46 and all Department of
Justice Programs policies and procedures regarding the protection of human research
subjects, including obtainment of Institutional Review Board approval, if appropriate, and
subject informed consent
11 FEDERAL STANDARD ASSURANCES AND CERTIFICATIONS
A. Standard Assurances
The grantee hereby assures and certifies compliance with all applicable Federal statutes, regulations,
policies, guidelines, and requirements, including 2 CFR Part 2800 (Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards by the Department of
Justice), and Ex Order 12372 (intergovernmental review of federal programs), and 28 C F R pts 66
or 70 (administrative requirements for grants and cooperative agreements) The grantee also
specifically assures and certifies that
(1) It has the legal authority to apply for federal assistance and the institutional, managerial, and
financial capability (including funds sufficient to pay any required non-federal share of project
cost) to ensure proper planning, management, and completion of the project described in this
grant agreement
(2) It will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or
personal gain
(3) It will give the DCJ, the federal awarding agency or the Government Accountability Office,
through any authorized representative, access to and the right to examine all paper or electronic
records related to the financial assistance
(4) It will comply with all lawful requirements imposed by DCJ and the awarding agency,
specifically including any applicable regulations, such as 28 C F R pts 18, 22, 23, 30, 35, 38, 42,
61, and 63, and the award term in 2 C F R § 175 15(b)
1 1 Revised October 2017
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DCJ and not the date the Grant was issued to a
Grantee from DCJ.
(5) It will assist DCJ and the federal awarding agency (if necessary) in assuring compliance with
section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order
11593 (identification and protection of historic properties), the Archeological and Historical
Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy
Act of 1969 (42 U.S.C. § 4321).
(6) It will comply (and will require any subgrantees or contractors to comply) with any
applicable statutorily -imposed nondiscrimination requirements, which may include the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Indian Civil Rights Act (25
U.S.C. §§ 1301-1303); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and
Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42
U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 794); the Americans with
Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C.
§§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07);
Executive Order 13279 (equal protection of the laws for faith -based and community
organizations); Executive Order 13559 (Fundamental Principles and Policymaking Criteria for
Partnerships with Faith -Based and Other Neighborhood Organizations); and the DOJ
implementing regulations at 28 C.F.R. Part 38.
Revision 10/25/17:
• Section 3789 was editorially reclassified as section 10228 of Title 34, Crime Control
and Law Enforcement.
• Section 5672 was editorially reclassified as section 11182 of Title 34, Crime Control
and Law Enforcement.
(7) If a governmental entity:
(a) it will comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of
persons displaced as a result of federal and federally -assisted programs; and
(b) it will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit
certain political activities of State or local government employees whose principal
employment is in connection with an activity financed in whole or in part by federal
assistance.
B. Prohibitions on Lobbying with Federal Funds
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for
persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69,
the Grantee certifies, by accepting this grant award, that:
(1) No federal funds received through this grant award will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection with the
making of any federal grant, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal grant or cooperative
agreement;
(2) If any funds other than funds through this grant award will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
12
Revised October 2017
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DCJ and not the date the Grant was issued to a
Grantee from DCJ
connection with this grant award, the Grantee shall complete and submit Standard Form- LLL,
"Disclosure of Lobbying Activities," in accordance with its instructions, and,
(3) The Grantee shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose
accordingly
C Debarment, Suspension, Ineligibility and Voluntary Exclusion
Pursuant to Executive Order 12549, Debarment and Suspension, implemented at 2 CFR Part 2867, for
prospective participants in primary covered transactions, as defined at 2 CFR Section 2867 20(a), and
other requirements, the Grantee certifies, by accepting this grant award, that neither it nor its
principals, subrecipients ("subgrantees") or suppliers
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from
covered transactions by any federal federal department or agency,
(2) Have not within a three-year period preceding this grant award been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction
or contract under a public transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property,
(3) Have not within a two-year period preceding this grant award been convicted of a felony
criminal violation under any Federal law,
(4) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph
(2) of this certification,
(5) Have not within a three-year period preceding this grant award had one or more public
transactions (Federal, State, or local) terminated for cause or default, and
(6) Where the Grantee is unable to certify to any of the statements in this certification, he or she
shall attach an explanation to this grant award
D Federal Taxes
(1) If the grantee is a corporation, the grantee certifies, by accepting this grant award, that the
corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,
and
(2) Where the Grantee is unable to certify to any of the statements in this certification, he or she
shall attach an explanation to this grant award
E Certification Regarding a Drug Free Workplace
As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 83, Subpart F,
for grantees and subrecipients ("subgrants"), as defined at 28 CFR Sections 83 620 and 83 650, the
Grantee certifies, by accepting this grant award, that it will provide a drug -free workplace by
13
Revised October 2017
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DCJ and not the date the Grant was issued to a
Grantee from DCJ
(1) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace
and specifying the actions that will be taken against employees for violation of such prohibition,
(2) Establishing an on -going drug -free awareness program to inform employees about
(a) The dangers of drug abuse in the workplace,
(b) The grantee's policy of maintaining a drug -free workplace,
(c) Any available drug counseling, rehabilitation, and employee assistance programs, and
(d) The penalties that may be imposed upon employees for drug abuse violations occurring in
the workplace,
(3) Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph (1),
(4) Notifying the employee in the statement required by paragraph (1) that, as a condition of
employment under the grant, the employee will
(a) Abide by the terms of the statement, and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction,
(5) Notifying DCJ, in writing, within 10 calendar days after receiving notice under subparagraph
(4)(b) from an employee or otherwise receiving actual notice of such conviction
(6) Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (4)(b), with respect to any employee who is so convicted
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended,
or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency,
(7) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (1), (2), (3), (4), (4), and (6), and,
(8) The Grantee must pass these requirements down to subrecipients ("subgrants")
12 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 recipients, subrecipients ("subgrantees"), or
individuals defined (for purposes of this condition) as "employees" of the recipient or of any
subrecipient
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons
are posted on the OJP web site at http //ojp gov/funding/Explore/ProhibitedConduct-Trafficking htm
or OVW web site at https //www justice gov/ovw/grantees (Award condition Prohibited conduct by
14 Revised October 2017
Federal Awards issued after December 26, 2014- 2 CFR Part 200 Uniform Requirements - Applicable to grants
awarded from a federal award beginning with a number of 2015 and 2016
The date corresponds to the issued date on the Federal Award to DCJ and not the date the Grant was issued to a
Grantee from DCJ
recipients and subrecipients related to trafficking in persons (including reporting requirements and
OJP or OVW authority to terminate award)), and are incorporated by reference here
15 Revised October 2017
EXHIBIT E - STATEMENT OF WORK
Applicant Agency: Weld County Sheriff's Office
Project Title: BiLingual Advocate Unit
Project Description:
Describe the project, staff and services you plan to provide with these grant funds. See instructions for
further information. This special sub -unit within the Weld County Victims Services Unit will consist of one full time
bi-lingual service provider, one part time bi-lingual service provider, and one Director of Victims Services to whom
they report. The full-time bi-lingual provider will primarily be responsible for developing and implementing intentional
efforts and protocol to ensure the best services possible for victims who speak primarily Spanish. The full-time
advocate will delegate duties to the part time advocate at the guidance and direction of the Victim Services Director,
to intervene in crises situations and collaborate with other community victim intervention efforts for both English and
Spanish-speaking citizens and victims of human trafficking. The bi-lingual part-time position will cover on call when
the other staff are off duty and will focus primarily on direct service and data documentation and duties as assigned
by the full time advocate and the Director of Victim Services.
Page I. of 5
Project Purpose Area: Victims Services
Complete these data grids only if your project will provide DIRECT victim services. Provide only the number
of victims (primary and secondary) who will receive services from Crime Victim Services (CVS) grant -funded
personnel during each of the 24 -month periods in the tables below.
of
Crimes
Victims
Numbers
Estimated
of
Types
Adult
Physical
Assault
200
Adult
Sexual Assault
50
Adults
Sexually
Abused/Assaulted
as Children
Arson
Bullying
(Verbal,
Cyber
or
Physical)
Burglary
10
Child
Physical
Abuse
or
Neglect
150
Child
Pornography
20
Child
Sexual
Abuse/Assault
300
Domestic
and/or
Family Violence
900
DUI/DWI
Incidents
10
Elder
Abuse
or
Neglect
10
Hate
Crime:
Racial/Religious/Gender/Sexual
Orientation/Other
20
Human
Trafficking:
Labor
Human
Trafficking:
Sex
Identity
Theft/Fraud/Financial
Crime
Kidnapping
(noncustodial)
10
Kidnapping
(custodial)
20
Mass Violence
(domestic/international)
Other
Vehicular
Victimization
(e.g.
Hit
&
Run)
Robbery
5
Stalking/Harassment
5
Survivors of
Homicide
Victims
10
Dating
Violence
Teen
Terrorism (domestic/international)
Other:
please
explain
Colorado
VRA
not
listed
(menacing, VPO)
700
UNDUPLICATED
TOTAL
2420
Page 2 of 5
Types
of
Services
Estimated
Victims
Numbers
of
Information
a Referral
Services
Information
about
the
criminal
justice
process
200
Information
about
victim
rights,
how
to obtain
notifications,
etc.
1400
Referral
to other
victim
service
programs
600
Referral
based,
to
address
other
services,
confidentiality,
supports
etc.)
Et
resources
(legal,
medical,
faith-
100
Personal
Advocacy/Accompaniment
Services
200
Victim
advocacy/accompaniment
to
emergency
medical
care
100
Victim
advocacy/accompaniment
to
medical
forensic
exam
200
Law
enforcement
interview
advocacy/accompaniment
Individual
property
advocacy
or effects)
(assistance
in
applying
for
public
benefits,
return
of
personal
0
0
Performance
collection
of
medical
forensic
exam
or
interview,
or
medical
evidence
Immigration
other
immigration
assistance
relief)
(e.g.
special
visas,
continued
presence
application,
and
20
20
Intervention
with
employer,
creditor,
landlord
or academic
institution
Child
or
dependent
care
assistance
(includes
coordination
of
services)
0
Transportation
assistance
(includes
coordination
of
services)
50
Interpreter
services
250
Emotional
Support
or
Safety
Services
Crisis
intervention
(in
-person,
includes
safety
planning,
etc.)
1000
Hotline/crisis
line counseling
1000
On
-scene
crisis
response
1000
Individual
counseling
0
Support
groups
(facilitated
or
peer)
0
Other
play
therapy,
therapy
(traditional,
etc.)
cultural
or alternative
healing;
art,
writing or
0
0
Emergency
financial
assistance
Shelter/Housing
Services
0
Emergency
shelter
or safe
house
Transitional
housing
0
Relocation
assistance
(includes
assistance
with
obtaining
housing)
0
Criminal/Civil
Justice
System
Assistance
Services
Notification
of
criminal
events
200
Victim
impact
statement
assistance
0
Assistance
collection
with
efforts
restitution
are
not
(includes
successful)
assistance
in
requesting
and
when
0
Civil
legal
assistance
in
obtaining
protection
or
restraining
order
25
Civil
legal
assistance
with
family
law
issues (custody,
visitation or support)
50
Other
emergency
justice
-related
assistance
0
Immigration
application,
assistance
and
other
(e.g. special
immigration
visas,
relief)
continued
presence
20
Prosecution
accompaniment
interview
with
advocacy/accompaniment
prosecuting
attorney
and
victim/witness)
(includes
0
Law enforcement
interview
advocacy/accompaniment
200
Criminal
advocacy/accompaniment
50
Other
legal advice
and/or
counsel
0
Crime
Victim
Compensation
Assistance
with
Victim
Compensation
700
Page 3 of 5
Project Specific Goals and Objectives:
Applicants are limited to four goals and no more than three objectives for each goal. Objectives must be
measurable and related to the personnel/consultants requested in the grant and any match personnel. Do not
repeat services you have already addressed in the project purpose area grids. Please use 8 point font inside the
boxes.
Goal 1: In accordance with C.R.S. 24-4.1-302.5, the victim advocates and volunteer victim advocates will provide, or
confirm receipt of, Victims' Rights Act information, resources, referrals, Victims' Compensation information, advocacy,
education and crisis support service to all victims of crime. This service will be provided for crimes reported to the Weld
County Sheriff's Office, and the Dacono, Firestone, Fort Lupton, Frederick, Garden City, Mead, Lochbuie, Hudson and
Platteville Police Departments.
Objective/Position Title
Responsible
Intended Outcome/Impact
Data Collection
Timeframe
1.1
year
and
services
specific
This
outlining
with
we
serve.
unit
the
for
the
law
additional
unit
to
will
the
addition
the
conduct
enforcement
VRA
and
Spanish
identifying
compliance
of
services
the
one
speaking
specifically
victims'
training
available
needs
process
clients
each
Officers
understanding
unit
offered
this
basis
overcome
challenges
with
victimization.
and
unit
in
VRA
will
the
and
order
on
the
crime
involve
a
associated
have
services
of
regular
to
an
the
Training
Spreadsheet
unit
Excel
January
2019
2020
-December
1.2
The
remain
days
officers/deputies
Act
remain
translation
crimes
possible
successfully
VRA
speaking.
minimally
crimes.
Victim
victims
a
week
and
available
available
and
Spanish
200
Services
The
needs
will
who
for
needed.
make
clients.
24
contact
bi-lingual
while
respond
are
on
for
contact
speaking
Unit
hours
all
victims
primarily
The
on
staff
by
Victim
additionally
per
advocate
call
unit
with
served
of
will
for
day
Rights
Spanish
VRA
will
90%
all
7
to
will
as
of
be
Victims
have
victim
needed
access
of
advocate
crime
to
will
a
when
Civicore
calendar
and
Google
January 2019
2020
-December
1.3
specialist
from
review
the
crime
served,
docket
The
warrant
FTE
all
Weld
reports
240
240
reports,
Bilingual
10
reports.
will
County
agencies.
daily
probable
review
from
Victim
crime
Sheriff's
and
smaller
reports
The
Cause
240
report
Advocate
new
specialist
Office,
agencies
provided
Review
and
logs
120
closed
will
for
to
event
unit
incident
services
victims
The
of
was
identify
crime,
unit
not
at
that
the
will
made
and
to
even
time
all
contact
all
be
victims
provide
crime
able
in
to
of
the
the
the
Civicore
crime reports
and
daily
January
December
2019
2020
-
Goal 2: The bi-lingual victim Services Unit will provide crises intervention and resources to both English and Mono-
lingual Spanish speakers and ensure effective communication with law enforcement and other service providers for the
Spanish speaking population.
Page 4 of 5
Objective/Position Title
Responsible
Intended Outcome/Impact
Data Collection
Timeframe
2.1
1
available
for
advocates.
bi-lingual
on
call
for
service
response/bilingual
the
majority
provider
of
to
the
remain
time
Monolingual
clients
services
have
Spanish
access
to
Online
google
calendar
January
2019
2020
-December
2.2
FTE
materials
and
to
Spanish.
ensure
are
all
offered
victim/witness
in
both
related
English
Monolingual
speaking
have
kind
access
written
clients
Spanish
to
like
will
Electronic
created
materials
and
meetings
command
materials
saved.
to
folder
are
with
to
provided.
ensure
Regular
document
created
will
be
January
2019
2020
-December
2.3
FTE
of
related
outreach
population.
to
one
become
community,
project
of
the
involved
geared
Spanish
victim
in
toward
speaking
a
service
minimum
the
Intentional
offer
community
as
volunteer
services
well
as
growth
efforts
education
program
and
to
of
Calendar
attendance
of
events and
follow
February
attendance
meeting
grant
period.
throughout
2019
attendance
with
for initial
regular
the
to
Overall Project Evaluation:
Describe the approach for evaluating the project in response to the stated objectives, intended
outcomes/impact and data collection. See instructions for further information.
The Weld County Law Enforcement victims services uses two data collection methods. The first is Civicore, which is a
password protected web based system that collects case information, documents required VRA tasks and services
provided for primary and secondary victims. The data is also entered into a separate Bi-lingual unit spreadsheet that
tracks numbers of clients served and services provided. The director of the unit reviews cases served and regularly
staffs cases with each service provider and follows up with crime victims to ensure their needs have been met and
ensure quality assurance. The Weld Victim Services sends out surveys for officers to ensure quality service and
identify opportunities for change.
Page 5 of 5
EXHIBIT F - BUDGET and BUDGET NARRATIVE
Applicant Agency:
Project Title:
Weld County, by and through the
Weld County Sheriff's Office
Bi-Lingual Advocate Unit
(Please do not enter any information in these two summary grids - they will automatically calculate from the next three tabs within this worksheet)
Total
2 Year
Budget
Summary
Grant
Funds
Cash
Match
In
Match
-Kind
Total
Match
Project
2 Year
Total
Personnel
$136,186
$40,083
$0
$40,083
$176,269
Supplies
& Operating
$9,571
$0
$0
$0
$9,571
Travel
$0
$0
$0
$0
$0
Equipment
$0
$0
$0
$0
$0
Consultants
/ Contracts
$0
$0
$0
$0
$0
Indirect
Costs
$14,576
$0
$0
$0
$14,576
GRAND
TOTAL
2 Year Budget $160,333
$40,083
$0
$40,083
$200,416
Personnel Summary
Year 1
Year 2 Total
Personnel
p
Budget
(CY19)
Annual
Year
1
Total
Paid
(CY19)
to be
by Grant
Year 1
% Paid
Grant
(CY19)
by
Annual
Budget
Year
(CY20)
2
Total
Paid
(CY20)
Grant
Year
to
by
2
be
% Paid
Grant
(CY20)
by
Total
by Grant
to be Paid
for 2
years
Position # 1
$70,020
$66,519
95%
$73,334
$69,667
95%
$136,186
Position # 2
$0
$0
$0
$0
$0
Total
Personnel
$70,020
$66,519
95%
$73,334
$69,667
95%
$136,186
Page 1 of 8
EXHIBIT F - BUDGET and BUDGET NARRATIVE
PERSONNEL
Position # 1
Annual
(CY19)
Budget
Year 1
% Paid
by
Grant
(CY19)
Total to be
Paid by Grant
for 1st year
Annual
Budget
Year 2
(CY20)
(CY20)
% Paid
by
Grant
Total to be
Paid by Grant
for 2nd year
Total to be Paid by
Grant for 2 years
Name: Veronica Falcon-DeLeone
Title: Victim Advocate
Salary
$49,918
95%
$47,422
$51,416
95%
$48,845
$96,267
Fringe/Benefits _
$20,102
95%
$19,097
$21,918
95%
$20,822
$39,919
TOTAL
$70,020
95%
$66,519
$73,334
95%
$69,667
$136,186
40 1
Hours per week position works for agency:
Total Grant $ Position #1 $136,186
Type Position #1 budget narrative & justification below:
This position
VSU to
population
organizes
expand
that
and
is a certified, bi-lingual Victim Advocate as the main focus of the Bi-Lingual Unit
service and have more quality coverage available to those that speak Spanish
identifies as Hispanic/Latino, this position is necessary to provide coverage
schedules volunteers for the program and has greatly increased the effectiveness
of the Sheriff's
as a primary language.
for this previously
of the unit.
Office Victim Services Unit. This position allows the
With roughly 30% of the Weld County
underserved population in the County. This position
There is a 3% COLA raise from 2019 to 2020.
Page 2 of 8
EXHIBIT F - BUDGET and BUDGET NARRATIVE
(Supplies
2-Yr. Budget
& Operating / Travel
for
/
All
Equipment
other
Budget
/ Consultants
Categories
-Contracts / Indirect Cost)
Supplies
& Operating
,
Item Calculations
Total
by Grant
to be -Paid
Funds
Item
Radio 2019
Radio pac-set with charger and accessories at $4,350
(cost increased from 2017)
in 2019 only
$4,350
Tablet 2019
One tablet at $2,200 each in 2019 only
$2,200
Uniforms 2020
Polos, jackets and/or fleece vests for volunteers and staff with SO Embroidery and identifying Spanish
Speakers
$650
Phone 2019 & 2020
95% of phones for 1 grant funded position at $54/month for 24 months. $51.30/month
x 24 months
$1,231
Vehicle Maintenance
and Fuel 2019 &
2020
95% of vehicle expenses for grant position fuel and maintenance specifically for grant
Average maintenance and fuel is $50 per month for 1 vehicles. 95% x 24
funded purposes.
months
$1,140
TOTAL
Supplies
& Operating:
I $9,571
Supplies
& Operating Budget
Narrative/Justification
below:
With
needs
set
lingual
effectiveness
maintenance
uniform
uniforms
some
one
radio
to
unit
polo
of these
year
be
and
would
and
met.
to
shirts,
one
of
of
staff
that
allow
also
were
the
If the
(1)
Bi-Lingual
computer
while
one
the
fleece
be
purchased
grant
embroidered
position.
Bi-Lingual
Unit
was to
tablet
answering
The
vests or jackets
in 2017,
being
go
Unit
to
away,
for
calls
remaining
identify
we
the
employee
completed
for
to
don't
be
these
Bi-Lingual
service.
able
the
operating
believe
additional
to
Spanish
to
at
The
respond
the
victims
identify
there
time
tablet
costs
speaking
expenses
services
to
the
will
of
for
include
calls
be
the
the
victim
grant
would
unit.
Bi-Lingual
the
of service
victim
a need
advocates
application,
The
cell
advocates
to
be
radio
phone
at
replace
eliminated.
grant
the
would
funded
expenses
any time.
as professional
and
until
volunteers
2020.
Victim
In
be
Lastly,
2019,
specifically
employee
for
in
Services
the
the
and
to
2020
grant
authorized
allow
Sheriff's
will
for
the
Unit
the
hopefully
funded
Sheriff's
victims
is
Office
volunteers
beginning
to
to
position
be
is
help
Office
in
approach
to
requesting
that
improve
and
is
crime
find
are
the
asking
scenes.
on
where
one
the
their
assisting
vehicle
for
additional
efficiency
Ideally,
there
$650
own.
the
fuel
for
the
Because
are
bi-
and
and
still
pac-
new
Travel
Item
Item
Calculations
Total
by
Grant
to be Paid
Funds
Total
Travel:
$0
Travel
Budget
Narrative/Justification
Below:
Page 3 of 8
EXHIBIT F - BUDGET and BUDGET NARRATIVE
Equipment
Item
Item
Calculations
Total
by Grant
to be Paid
Funds
Total
Equipment:
$0
Equipment
Budget
Narrative/Justification
Below:
Consultants
/ Contracts
Item
Consultant/Contractor
Calculations
Total to be Paid
by Grant Funds
TOTAL
Consultants
/ Contracts: 1
$0
Consultants
/ Contracts Budget
Narrative/Justification
below:
Indirect
Costs
List the % of the approved federal negotiated indirect rate or 10% de minimus indirect rate details
Total to be Paid by
Grant Funds
Indirect
at 10%
Indirect Costs at 10% de minimus indirect rate for 2 years.
$14,576
Indirect
Costs Budget
Narrative/Justification
below:
Requesting the
de minimus Indirect Rate of
10%.
Page 4 of 8
EXHIBIT F - BUDGET and BUDGET NARRATIVE
2 Year - Project Match (Cash and/or In -Kind)
PERSONNEL
Employee
/
Volunteer
MATCH
(Employees
/ Job
Title
/ volunteers
of
the
applicant
agency)
CASH MATCH
IN -KIND
MATCH
TOTAL MATCH
Debbie
Calvin
/ Director of
Victim Services Unit
$40,083
$0
$40,083
$0
$0
$0
$0
$0
$0
Fringe/Benefits
$0
$0
$0
Subtotal
$40,083 $0 1540,083
Source of
Match: Weld
County General
Fund
(43%)
and
VALE grant (57%)
SUPPLIES
(Copying,
and
rent,
OPERATING
phone,
registration
MATCH
fees and
other
items under
$5,000)
CASH MATCH
IN -KIND
MATCH
TOTAL MATCH
$0
$0
$0
Subtotal
$0 $0
$0
Source of
Match:
TRAVEL
MATCH
CASH MATCH
IN -KIND
MATCH
TOTAL MATCH
$0 $0
$0
Subtotal
$0 $0
$0
Source of
Match:
EQUIPMENT
Q
MATCH
CASH MATCH
IN -KIND
MATCH
TOTAL MATCH
$0
$0
$0
Subtotal
$0 l$0
$0
Source of Match:
CONSULTANTS
CONTRACTS
MATCH
CASH MATCH
IN
MATCH
-KIND
TOTAL MATCH
$0
$0
$0
Subtotal
$0
$0
$0
Source of Match:
INDIRECT
MATCH
CASH MATCH
$0
Subtotal
$0
Source of
Match:
CASH MATCH
IN -KIND
MATCH
TOTAL
MATCH
TOTAL
MATCH
FOR
2 -YEAR
PROJECT
$40,083
$0
$40,083
Match
Budget
Narrative and Justification
below:
The
requirements
match
time
VOCA
Director
eligible,
for
eligible,
the
of
time
and
the
of
and
the
the
Victim
specific
approximately
three
time
Services
employees
to
will
completing
be approved
20%
Unit provides
in the
is needed
VOCA
Unit
by
their
(two
eligible
to
direct
supervisor.
match
services
of
services.
which
the
to
are
The
In
grant.
victims,
discussion
in the
Director
$17,236
participates
Bi-Lingual
of
and
Weld
Victims
analysis,
Unit).
County
in the
Therefore,
Services
it
on
appears
Government,
-call
will
schedule
complete
that
we
will
40%
$22,847
and
be
of
the
using
the
Local
helps
timesheet
the
Director's
VALE
with
Director's
case
memo
salary
work
salary
allocating
and
and
($87,053)
benefits
reporting
the
as
are
Page 5 of 8
EXHIBIT F - BUDGET and BUDGET NARRATIVE
Financial Management Questions
Crime Victims Services Grant Program
This section must be completed in cooperation with the designated Financial Officer assigned to this
grant/project. Complete this form in Excel. Upload the completed electronic version on the "Documents"
tab in ZoomGrants.
Enter your response in the field BELOW the question. The questions that use a dropdown menu, click on
the space below the question and an arrow will appear to the right of the field showing you the dropdown
options.
1. What accounting system does your organization use? List the name and a brief description of the
system. (maximum length = 1,000 characters)
Banner Finance
2. This grant will be on a cost reimbursement basis. What will be your organization's source of cash and
how will your organization manage its cash flow between the time costs are incurred and reimbursed?
(maximum length = 1,000 characters)
General Fund money will be used to cover the program expenses and then reimbursed by the grant funds.
3a. Which of the following applies to your agency? (select an option from the dropdown box)
Agency has expended over $750,000 in federal funding in the last calendar year from all combined sources.
Submit the most recent A-133 audit and Management letter to DCJ via ZoomGrants "Documents".
3b. Date of most recent A-133 Audit, Financial Audit or Financial Review?
12/31/2016
3c. Date the recent A-133 Audit, Financial Audit or Financial Review was sent to DCJ?
7/1/2017
3d. Were there any findings, questioned costs or unallocated costs? (select an option from the dropdown
box)
Yes
Please submit audit resolutions and/or corrective action plans to DCJ; AND
Briefly describe your audit findings and how they've been resolved in box below (maximum length = 1,000 characters) .
In 2016 there was a finding on a Human Service Aging cluster grant related to program income. In one of the three vendor bills
reviewed there was an instance where program income was reported as donations rather than program income. The finding did
not result in any questioned costs but caused the program income tracked and monitored to be incomplete. The corrective action
taken involved creating a verification check list for vendor bills before submitting them for payment.
Page 6 of 8
EXHIBIT F - BUDGET and BUDGET NARRATIVE
Criteria for managing grant funds
Please respond to the following questions regarding whether your accounting system meets the criteria for
managing grant funds These are items that will be monitored by the Division of Criminal Justice (DCJ) staff
either by site visits or other reporting mechanisms
4 Does your accounting system separate all revenues and expenditures by funding source? (select an
option from the dropdown box)
Yes
5 Does your accounting system track revenues and expenditures for each grant award separately through
a sub -ledger system' (select an option from the dropdown box)
Yes
6 Does your,accounting system allow expenditures to be classified by the broad budget categories listed in
the approved budget in your grant, i.e Personnel, Supplies and Operating, Travel, Equipment and
Professional Services' (select an option from the dropdown box)
Yes
7 Does your organization have written financial policies and procedures (specific to grants) in place that
describe items such as: meeting all grant requirements, the preparation of grant financial reports and
statements, the disclosure of financial documents, the ability for staff to prevent and detect
misstatements in financial reporting, a method to trace funds, and a process to maintain and safeguard all
cash, real and personal property, and other assets? (select an option from the dropdown box)
Yes
8 Is this grant request for less than $100,000? (select an option from the dropdown box)
No
9 Is this grant request for a new project' (select an option from the dropdown box)
No
10 Has your organization been in existence for three (3) years or more' (select an option from the
dropdown box)
Yes
11. Does the staff assigned to this project have two (2) or more year's prior experience with projects with
the same or similar requirements? (select an option from the dropdown box)
Yes
12 Does your organization have internal controls in place, such as- a review process to determine
reasonableness, allowability and allocability of costs, separation of duties, dual signatures on certain
checks, reconciliations or other fiduciary oversight? (select an option from the dropdown box)'
Yes
1
13. Does your organization reconcile sub -ledgers to your general ledger at least monthly or quarterly if the
applicant is a governmental entity? (select an option from the dropdown box)
Yes
14. Are accounting records supported by source documentation such as invoices, receipts, timesheets,
etc 7 (select an option from the dropdown box)
Yes
Page 7 of 8
EXHIBIT F - BUDGET and BUDGET NARRATIVE
15. Does your organization routinely record the grant number or other unique identifier on all source
documents such as invoices, receipts, time records, deposit records, etc.? (select an option from the
dropdown box)
Yes
16. Does your organization maintain time sheets approved by the employee, supervisor and project
director for each employee paid by these grant funds? (select an option from the dropdown box)
Yes
I
17a. Will this grant funded project generate program income? (select an option from the dropdown box)
No
17b. If "Yes", does your accounting system have the ability to track these funds separately? (select an
option from the dropdown box)
NA
18. [Non -governmental agencies only] Do the Board bylaws and policies describe the involvement of the
Board in the financial oversight and direction of your agency? (select an option from the dropdown box)
NA
19. Does your accounting system have the ability to track in -kind and/or cash match funds? (select an
option from the dropdown box)
Yes
20. Are you able to ensure that you will not be using these grant funds to provide services that will be paid
by Victim Compensation? (select an option from the dropdown box)
Yes
18. If you answered "No" to any one question (4-7, 12-16, 18-20) above, please provide a brief explanation
below. Please refer to question #. (maximum length = 500 characters)
NA
Page 8 of 8
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