HomeMy WebLinkAbout20182829.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR RESTORATIVE JUSTICE
PROGRAM AND AUTHORIZE CHAIR TO SIGN - YOUTH AND FAMILY
CONNECTIONS
WHEREAS, the Board of County Commissioners of Weld County. Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter. is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Memorandum of Understanding for the
Restorative Justice Program between the County of Weld. State of Colorado. by and through the
Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's
Office, and Youth and Family Connections, commencing upon full execution of signatures, and
ending June 30. 2019, with further terms and conditions being as stated in said Memorandum of
Understanding. and
WHEREAS, after review. the Board deems it advisable to approve said Memorandum of
Understanding, 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 Memorandum of Understanding for the Restorative Justice Program
between the County of Weld. State of Colorado. by and through the Board of County
Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, and Youth
and Family Connections. be and hereby is. approved.
BE IT FURTHER RESOLVED by the Board that the Chair be. and hereby is, authorized
to sign said Memorandum of Understanding.
The above and foregoing Resolution was. on motion duly made and seconded. adopted
by the following vote on the 5th day of September. A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Wes jeim eA
Weld County Clerk to the Board
BY
eputy Clerk to the Board
APPROVED AS
-County Attorney
Date of signature: (O(3/ I
Ste
Barbara Kirkmever. Pro-Tem
ike Freeman
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2018-2829
DA0027
MICHAEL J. ROURKE
District Attorney
ROBERT W. MILLER
Assistant District Attorney
Office of the District Attorney
Nineteenth Judicial District
915 10TH Street
P.O. Box 1167
Greeley, CO 80632
Phone: (970) 356-4010
Fax: (970) 352-8023
www.weldda.com
To: Board of County Commissioners
From: Kirsta Britton
Director, Juvenile Diversion
Date: August 9, 2018
RE: Juvenile Diversion MOU with YFC for Restorative Justice Program and Restorative
Justice Contract
For your approval and signature, is the Memorandum of Understanding for collaboration
between Youth and Family Connections and the District Attorney's Office in regards to the
Juvenile Diversion Restorative Justice Program. The DA's Office contracts with YFC for
service provision. Minor updates were made to the previous MOU to better reflect the current
agreement. There are not any substantive changes from past MOU's. This version was
approved by Bob Choate.
Also, for your review is the Restorative Justice contract with the state. This does not require a
signature from the Board of County Commissioners.
2018-2829
q16
MEMORANDUM OF UNDERSTANDING
WHEREAS, the following Memorandum of Understanding (Agreement) outlines the
Agreement between the Weld County Board of County Commissioners ("County"), on behalf of
the 19th Judicial District Attorney's Office, ("District Attorney" or "D.A.") and Youth and
Family Connections ("YFC") regarding the Restorative Justice Project in Colorado's l9th
Judicial District.
WHEREAS, the District Attorney has received grant funding for the Restorative Justice
Project, and desires to contract with YFC for the purpose of providing Restorative Justice
services.
WHEREAS, YFC intends to provide Restorative Justice services on behalf of the District
Attorney, in accordance with this Agreement and other applicable law.
NOW THEREFORE, the undersigned organizations in good faith are resolved to execute
this Memorandum of Understanding and enter into an Agreement as follows:
1. TERM.
The term of this Agreement shall be from the date of execution through and until June 30, 2019.
2. GOALS.
a. Through the pilot program, the Restorative Justice program is designed to facilitate and
encourage diversion of juveniles from the juvenile justice system to Restorative Justice
practices, both to provide data to assess the efficacy of Restorative Justice to reduce
recidivism, to assist in repairing the harm caused to victims and the community, increase
victim, offender, and community member satisfaction, and reduce cost; and to promote
the restorative justice principles of reconciliation, responsibility, reintegration, respect,
relationship -building and restitution.
b. Through the Restorative Justice program, the District Attorney and Youth and Family
Connections intend to facilitate and encourage diversion of juveniles from the juvenile
justice system when diversion may prevent juveniles from committing additional criminal
acts, restore victims of crime, facilitate the juveniles' ability to pay restitution to victims
of crime, and reduce the number of cases in the juvenile justice system. Restorative
justice should ensure accountability while allowing juveniles to avoid the collateral
consequences associated with criminal charges and convictions.
3. DUTIES OF YOUTH AND FAMILY CONNECTIONS.
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a. YFC will recruit, interview, train, and supervise a group of volunteer Restorative Justice
Conference Facilitators. YFC will coordinate all steps of training and supervision for
volunteers. Training will relate to Restorative Justice principles, including reconciliation,
responsibility, reintegration, respect, relationship -building, and restitution. This will be
done with traditional and social media, community presentations, and volunteer and
stakeholder training and will be on -going.
b. YFC shall hire a Restorative Justice Coordinator using Restorative Justice grant funds
awarded to the District Attorney. The Restorative Justice Coordinator shall be
responsible for the day-to-day operation of the Restorative Justice program.
c. YFC volunteers will collect all required paperwork which shall be provided by the YFC
Restorative Justice Coordinator to the D.A. Office Diversion Director.
d. YFC will submit appropriate invoices for salary, mileage, supplies and other expenses in
a timely manner. YFC agrees that all invoices will be itemized and that all supporting
documentation will be attached thereto.
e. YFC will not provide case assessment or case management unless upon specific request
of the DA's Office.
f. YFC and/or its designees or volunteers will administer all surveys provided by the state
of Colorado. Specifically, YFC will administer pre-program and post -program surveys to
offenders, and will ensure that offenders complete both the pre-program survey and the
post -program survey at a matched rate of no less than 75 percent. YFC will additionally
administer post -program surveys to victims and community members, and will ensure
that those surveys are appropriately submitted to the State of Colorado.
YFC will provide information/reports to the District Attorney upon request on the
following: (i) The number of juveniles who reach a Restorative Justice Agreement; (ii)
The number of juveniles who do not reach a Restorative Justice Agreement; (iii) The
number of victims who were contacted for participation in the Restorative Justice
program; (iv) The number of victims who participated in the Restorative Justice program;
(v) The number of victims who declined to participate in the Restorative Justice program;
(vi) The number of victims who submitted victim impact statements; (vii) The number of
victims who sent a surrogate; (viii) Victim surveys; and (ix) Offender surveys.
h. YFC will collaborate with the District Attorney to complete a cost -benefit analysis to
determine cost savings of the program.
g.
i. YFC will collaborate with the District Attorney as much as possible to ensure success of
the Restorative Justice program.
4. DUTIES OF DISTRICT ATTORNEY.
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a. The D.A. will assess all first time juvenile offenders for appropriateness in diversion and
restorative justice programming based on offense, victim input and resources. The D.A.
will attempt to contact victims of crime for input on restoration of harm and use that to
determine restorative justice eligibility.
b. The D.A. will refer juveniles to the Restorative Justice program as an alternative to the
traditional juvenile justice system.
c. The D.A. will provide case management services for all Restorative Justice cases.
d. The D.A. will collect all fees from Restorative Justice program participants as required
by law for Diversion Fees and Restorative Justice Program Fees. This includes
determining what those fees should be on a sliding scale, if necessary.
e. The D.A. Office Diversion Director will be responsible for all data collection and
reporting as required by the State for funding and assessment purposes. The Diversion
Director will complete all grant applications following the standard procedure as set by
the Board of County Commissioners for grant funding requests.
f. Using systems available to District Attorney's Offices, the Diversion Director will check
recidivism one year post program completion.
g. The D.A. will provide data to the State pursuant to funding requirements.
h. The D.A. will collaborate with YFC as much as possible to ensure success of the
Restorative Justice program.
5. FUNDS.
a. The District Attorney's Office will collect all funds from the state RJ fund and will
disburse those funds to YFC, as the contracted agency, based on satisfactory performance
of contracted obligations. An invoice will be provided to the DA's Office quarterly, for
personnel costs, and will be submitted to the state with routine reporting documents.
YFC will submit invoices for mileage and supply expenses quarterly, which will be
reimbursed up to but not exceeding the budgeted and awarded amount. Funds will be
provided to YFC, or its designated fiscal agent, at the beginning of the quarter, once they
are received from the State. Additionally, YFC will receive 50 percent of the total amount
of collected program fees for Diversion clients who participate in Restorative Justice
and/or Restore with YFC, which YFC agrees to use costs associated with maintaining and
further developing the Restorative Justice and Restore programs. On a quarterly basis,
The DA's Office will submit to YFC the total amount of program fees collected for each
youth, and the total due to YFC for their portion of fees collected for youth who
participate in Restorative Justice and/or Restore. YFC, or its designated fiscal agent will
receive these funds after the close of the quarter.
3
b. The budget provided to YFC will contain line items for personnel, operating, travel, and
foreign language translation. YFC will be responsible for spending the budgeted
amounts within the budgeted limits. YFC has spending authority for purchases within the
budget limits for amounts less than $1,500. For individual expenditures greater than
$1,500.00 for items within the operating and travel line items, the YFC Executive
Director must obtain written spending authorization from the named Project Director.
c. The parties expressly recognize that this Agreement, and all funds discussed herein, is
subject to the availability of Restorative Justice funds from the State. If in the future such
funds are decreased or eliminated, neither the County nor the District Attorney shall be
responsible to pay for YFC services except with those Restorative Justice funds received
from the State.
6. INDEPENDENT CONTRACTOR.
YFC shall perform its duties hereunder as an independent contractor and not as an employee of
Weld County. YFC shall be solely responsible for its acts and those of its agents and employees
for all acts performed pursuant to this Agreement. Neither YFC nor any agent, volunteer, or
employee of YFC shall be deemed to be an agent or employee of County. YFC and its
employees and agents are not entitled to unemployment insurance or workers' compensation
benefits through County and County shall not pay for or otherwise provide such coverage for
YFC or any of its agents, volunteers, or employees. Unemployment insurance benefits will be
available to YFC and its employees, volunteers, and agents only if such coverage is made
available by YFC or a third party. YFC shall pay when due all applicable employment taxes and
income taxes incurred pursuant to this Agreement. YFC shall not have authorization, express or
implied, to bind County to any agreement, liability or understanding, except as expressly set
forth in this Agreement. YFC shall have the following responsibilities with regard to workers'
compensation and unemployment compensation insurance matters: (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by
law and (b) provide proof thereof when requested to do so by County.
7. INSURANCE AND INDEMNIFICATION.
YFC shall defend and indemnify County, its officers and agents, from and against loss or
liability arising from YFC's acts, errors or omissions in seeking to perform its obligations under
this Agreement. YFC shall provide necessary workers' compensation insurance at YFC's own
cost and expense. YFC shall provide its own liability coverage, which shall cover any and all
acts of YFC employees, agents, and volunteers.
8. TERMINATION.
4
Either party may terminate this Agreement at any time by providing the other party with a 30 day
written notice thereof. Furthermore, this Agreement may be terminated at any time without
notice upon a material breach of the terms of the Agreement. In the event of an early
termination, YFC shall be paid for work performed up to the time of notice and County shall be
entitled the use of all material generated pursuant to this Agreement.
9. NON -ASSIGNMENT.
YFC may not assign or transfer this Agreement, any interest therein or claim thereunder, without
the prior written approval of County.
10. NON-EXCLUSIVE AGREEMENT.
This Agreement is nonexclusive and County may engage or use other contractors or persons to
perform services of the same or similar nature.
11. FUND AVAILABILITY.
Financial obligations of the County payable after the current fiscal year are contingent upon funds
for that purpose being appropriated, budgeted and otherwise made available. By execution of this
Agreement, County does not warrant that funds will be available to fund this Agreement beyond
the current fiscal year.
12. SEVERABILITY.
If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable,
this Agreement shall be construed and enforced without such provision, to the extent that this
Agreement is then capable of execution within the original intent of the parties.
13. GOVERNMENTAL IMMUNITY.
No term or condition of this Agreement shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
14. NO THIRD PARTY BENEFICIARY.
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the express intention
of the undersigned parties that any entity other than the undersigned parties receiving services or
benefits under this Agreement shall be an incidental beneficiary only.
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15. BOARD OF COUNTY COMMISSIONERS APPROVAL.
This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
16. CHOICE OF LAW.
Colorado law, and rules and regulations established pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be
null and void.
17. VENUE.
In the event of a dispute arising under this Agreement, the parties agree that venue is proper in
the Weld County District Court, located in Greeley, Colorado.
18. ATTORNEYS FEES / LEGAL COSTS.
In the event of a dispute between County and Contractor, concerning this Agreement, the parties
agree that each party shall be responsible for the payment of attorney fees and/or legal costs
incurred by or on its own behalf.
In Witness Whereof, the parties hereto have executed this Agreement the day and year provided
below.
Approvals:
Weld County District Attorney Date
Exec ive Director
Youth & Family Connections
6
Date
ATTES
Weld
BY:
Deputy Clark tt the Bo
2,Ainr-P5OVED AST
Controller
Controller
xito;ok.
oard
APPROVED AS TO FORM:
County Attorney
Steve Moreno, Chair
BOARD OF COUNTY COMMISSIONERS
WELDS COUNTY, COLORADO
SEP(65='018.
APPROVED AS TO SUANCE
7
icial or ¢repartment Head
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INTERAGENCY AGREEMENT
Restorative Justice Program Funding FY 2019
. PARTIES. This Interagency Agreement is made between the STATE OF COLORADO
JUDICIAL DEPARTMENT, by and through the Office of the State Court Administrator
("Department"), and the OFFICE OF THE DISTRICT ATTORNEY FOR THE
NINETEENTH JUDICIAL DISTRICT (the "DA"). The Department and the DA may be
referred to collectively as Parties or individually as a Party. In consideration of the mutual
promises contained herein, the sufficiency of which is hereby acknowledged, the Parties
agree as follows:
2. RECITALS, PURPOSE & AUTHORITY. The DA has established ajuvenile restorative
justice program. Pursuant to C.R.S. §18-25-101(3), funds from the Restorative Justice
Surcharge Fund (the "Fund") are appropriated by the Colorado General Assembly to the
Department for distribution to judicial districts operating restorative justice programs
under guidelines established by the Department The DA submitted an application to the
Department requesting funds for its restorative justice program for the Department's
Fiscal Year 2019 ("FY19"). After review of the DA's application, the Department has
fully approved the DA's request and desires to provide the DA with funding to support the
DA's restorative justice program in FY19. Authority exists in the law and funds have been
budgeted, appropriated and otherwise made available and a sufficient uncommitted
balance thereof remains available for encumbering and subsequent payment to the DA
pursuant to this Agreement.
3, TERM. Notwithstanding the date of execution and subject to termination as provided
herein, this Agreement shall be effective on July I, 2018 and shall expire on June 30,
2019. However, certain duties and obligations, as identified in this Agreement, shall
survive the termination of the Agreement.
4, DUTIES OF THE DA,
A. The DA shall use the funding provided by the Department pursuant to this
Agreement to pay for expenses as detailed in the Juvenile Restorative Justice
Diversion Funding Application FY19 submitted by the DA to Department,
incorporated herein by reference and attached hereto as Exhibit A. Such funding
shall be provided on a quarterly reimbursement basis only and the DA shall not use
the funding provided by the Department pursuant to this Agreement for any purpose
other than the costs specified above and consistent with the DA's representations in
Exhibit A.
B. The DA shall comply with all additional requirements —which include
administrative, financial, and programmatic compliance requirements —contained in
the State Court Administrators Office Funded Restorative Justice Programs
Compliance Guidelines Instructions and Resource Guide for FY19, incorporated
herein by reference and attached hereto as Exhibit B. The DA's data and financial
reporting requirements shall survive the termination of this Agreement.
Judicial & 19`x' JD District Attorney 2019 RI Funding Page 1 of 6
C. The DA shall procure all goods and services necessary to complete its obligations
under this Agreement. Such procurement shall be accomplished using Agreement
funds and shall not increase the maximum amount payable hereunder by the
Department.
D. The DA may apply and, upon approval of the application by the Department, receive
additional funds subject to additional spending authority of the available funds in the
Fund.
E. The DA shall maintain the confidentiality of any login/user IDs provided by the
Department for the DA's access to the web -based restorative justice database.
F. The DA shall maintain all supporting documentation for expenditures and
reimbursement requests for three years beyond the expiration of this Agreement. The
obligations of this paragraph shall survive the termination of this Agreement
5. DUTIES OF THE DEPARTMENT.
A. Upon receipt and approval of each request for reimbursement submitted by the DA,
the Department shall reimburse the DA for qualified expenses, as provided in
Section 4(A) of this Agreement, incurred by the DA between July 1, 2018 and June
30, 2019 for the DA's restorative justice program. The maximum amount payable to
the DA under this Agreement is $142,742.00. All funds provided are to be used
exclusively to fund the qualified expenses outlined in Section 4(A) of this
Agreement. If possible, payment shall be made by an interagency transfer. Payments
will be made within 30 days after receipt and approval of invoices.
B. The Department may, in its sole discretion, re -allocate any or all awarded funds that
remain unspent by the DA at the end of the third quarter, it' the Department
determines it is not likely the DA will fully spend its award by the end of the term.
C. The Department shall provide access to the Department's web -based restorative
justice database in order for the DAs to enter required data. The DA shall be
provided two unique login/user IDs for the database.
6. TERMINATION.
A. 1Lpssof" funds. Payment pursuant to this Agreement is subject to and contingent
upon the continuing availability of funds appropriated for the purposes hereof. If
such funds become unavailable, the Department may immediately terminate or seek
to amend this Agreement without penalty.
B, For Default. Either party may terminate this Agreement upon default by the other
Party, effective upon receipt of notice or at such other time as may be stated in the
notice. "Default" is defined as the failure of a Party to fulfill any of its duties and
obligations under this Agreement. The non -defaulting Party may in its discretion
permit the other party a period of up to two weeks to cure the default. Notice of
Judicial & 19`x' JD District Attorney 2019 RJ Funding Page 2 of 6
termination shall be provided to the defaulting Party by first class mail, postage
prepaid to the appropriate address provided herein.
7. RECORDS - EXAMINATION AND AUDIT,
A. The Department shall have the right to inspect the DA's financial performance at all
reasonable times and places during the term of this Agreement. The DA shall permit
the Department, and any other duly authorized agent of a governmental agency
having jurisdiction to monitor all financial activities conducted pursuant to this
Agreement, to audit, inspect, examine, excerpt, copy, and/or transcribe the DA's
financial records related to this Agreement to assure compliance with the terms
hereof or to evaluate financial performance hereunder. Monitoring activities
controlled by the Department shall not unduly interfere with the DA's performance
hereunder.
B. Copies of any and all contracts entered into by the DA to perform its obligations
hereunder shall be submitted to the Department or its principal representative upon
request by the Department. Any and all contracts entered into by the DA related to
its performance hereunder shall comply with all applicable federal laws, state laws,
and all relevant provisions of this Agreement. Such contracts shall also be governed
by the laws of the State of Colorado.
8. CONFIDENTIALITY. Each Party shall treat the confidential information of the other
Party with the same degree of care and protection as it affords to its own confidential
information. Each Party shall notify the other Party immediately if it receives a request or
demand from a third party for records or information of the other Party.
9. REMEDIES. If the DA is in breach or fails to comply with any provision of this
Agreement, the Department shall have all of the remedies listed in this Section 7, in
addition to any other remedies that may be available at law or equity. The Department
may exercise any or all of the remedies available to it, in its sole discretion, concurrently
or consecutively.
A. Suspend Performance. The Department may suspend the DA's performance with
respect to all or any portion of this Agreement pending necessary corrective action
as specified by the Department without entitling the DA to an adjustment in
price/cost or performance schedule. The DA shall promptly cease performance and
incurring costs in accordance with the Department's directive and the Department
shall not be liable for costs incurred by the DA after the suspension of performance
under this provision.
13. Withhold Payment. The Department may withhold payment to the DA until
corrections in the DA's performance are satisfactorily made and completed.
Judicial & 19th JD District Attorney 2019 RJ Funding Page 3 of 6
10. ORDER OF PRECEDENCE. In the event of a conflict or inconsistency between this
Agreement and any Exhibit or attachment such conflict or inconsistency shall be resolved
by reference to the documents in the following order of priority:
A, The provisions of the main body of this Agreement.
B, Exhibit B, State Court Administrators Office Funded Restorative Justice Programs
Compliance Guidelines Instructions and Resource Guide for FY 19
C. Exhibit A, DA's Juvenile Restorative Justice Diversion Funding Application FYI9.
II. GENERAL PROVISIONS.
A. No Employee or Agent Relationship; Taxes. No employee or agent of either Party
shall be deemed to be an employee or agent of the other Party and shall have no
authority, express or implied, to bind the other Party except as expressly set forth
herein. Each Party will be responsible for its acts and those of its employees, agents
and subcontractors, if any, during the course of this Agreement. Each Party shall
pay, when due, all required employment taxes and income tax withholding on any
moneys paid to it pursuant to this Agreement.
B. Insurance. Each Party acknowledges that it is self -insured in accordance with C,R.S.
§24-10-115(2).
C. Notice of Lawsuits. Each Party shall promptly notify the other in the event that it
becomes a defendant in a lawsuit which involves services provided under this
Agreement. Each Party shall deliver to the other a copy of any pleading (relating to
the services provided hereunder) served upon it, within five days after receipt of
such service of process.
D. Party Representatives. For the purposes of this Agreement, the persons named below
are designated as the representatives of the Department and the DA. All notices
required to be given by the Parties shall be delivered to the representative named
below. The Parties may designate in writing new or substitute representatives:
Department
Matthew Riede
Court Programs Analyst [I
State Court Administrator's Office
1300 Broadway, Suite 1200
Denver, CO 80203
(720) 625-5000
matthew.riede@judieial.state.co.us
DA
Kirsta Britton
District Attorney's Office
I9" Judicial District
P.O. Box 1 167
Greeley, CO 80632
(970) 400-4775
kbrittonco.wetd.co.us
F. Entire Agreement; Modifications. 'This writing, including all exhibits and
attachments, is the complete integration of all understandings between the Parties.
No prior or contemporaneous addition, deletion, or other amendment hereto shall
have any force or effect whatsoever, unless embodied herein in writing. No
Judicial & 19th JD District Attorney 2019 RJ Funding Page 4 of 6
subsequent novation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in a written contract executed by both
Parties to this Agreement. However, changes in DA's program goals or transfers
from one budget category to another may be approved by the Department in writing
without requiring an amendment to this Agreement.
F. Assignment; Subcontracting, The rights and obligations of each Party hereunder are
personal to such Party and may not he transferred or assigned without the prior
written consent of the other Party. Any attempt at transfer, assignment, or
subcontracting without such consent shall be void. If consent is given by
Department, DA shall be solely responsible for all aspects of subcontracting
arrangements and performance. DA has indicated in its Funding Application that it
intends to contract with Weld County Juvenile Assessment Center, Inc., d/b/a Youth
& Family Connections. Weld County Juvenile Assessment Center, Inc. is a
Colorado nonprofit corporation with a principal location of 2835 10'x' Street,
Greeley, Colorado 80634, Department hereby consents to Weld County Juvenile
Assessment Center, Inc. acting as a subcontractor. All assignments, subcontracts, or
subcontractors approved by Department are subject to all of the provisions of this
Agreement. In addition, all assignees and subcontractors shall be subject to the
following additional terms:
I. Insurance. In addition to any insurance required by state statute, assignees and
subcontractors shall obtain, and maintain at all times during the term of this
Agreement, Automobile Liability Insurance covering any auto (including owned,
hired and non -owned autos) used to transport any restorative justice program
participant pursuant to this Agreement, with a minimum limit as follows:
$1,000,000 each accident combined single limit.
2. Criminal Background Check.
a. The DA shall perform a criminal background check on any individual
performing services under this Agreement as an assignee or
subcontractor. The DA shall send a list (A -any approved worker(s) to the
Department. The list shall indicate whether each approved worker has a
criminal history. If the DA indicates that a worker has a criminal history,
the Department's Human Resources Division will carry out its own
background check on the worker, under standards developed by the
Department and at no charge to the DA or the worker. The worker will be
required to complete and deliver to Department an "Authorization and
Consent for Release of Information." If the worker does not pass the
Department's criminal background check, the Department will
communicate that outcome to the DA and the worker shall immediately
cease performing services under the Agreement until the DA and
Department reach an agreement regarding the worker's eligibility to
perform said services.
Judicial & l9th JD District Attorney 2019 RJ Funding Page 5 of'6
b. The DA shall ensure assignees and subcontractors have a continuing duty
to immediately notify the DA in writing upon discovering that any,
worker performing services under this Agreement pleads guilty to, or is
convicted of, a petty, misdemeanor, or felony offense during the term of
this Agreement. Any such worker shall he re -subjected to the process set
faith above in subsection I I ,F.2.a.
G. No Third Party Beneficiaries. Enforcement of all rights and obligations hereunder
are reserved solely to the Parties. Any services or benefits which third parties receive
as a result of this Agreement are incidental and do not create any rights for such
third parties.
H. Compliance with I,aw. The Parties shall comply with the letter and spirit of all
applicable federal, state and local laws and regulations related to performance under
this Agreement, including but not limited to the Colorado Antidiscrimination Act of
1957, as amended, and other applicable law respecting discrimination and unfair
employment practices.
Choice of Laws Venue. Any dispute under or related to this Agreement shall be
decided in accord with the laws of the State of Colorado, and venue shall be in the
state courts of Colorado.
.1, Electronic Signatures and Electronic Records, Each Party consents to the use of
electronic signatures by either Party. -['his Agreement, and any other documents
requiring a signature hereunder, may be signed electronically in the manner agreed
to by the Parties. The Parties agree not to deny the legal effect or enforceability of
the Agreement solely because it is in electronic form or because an electronic record
was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic
document, or a paper copy of a document bearing an electronic signature, on the
ground that it is an electronic record or electronic signature or that it is not in its
original form or is not an original.
IN WITNESS WHERE.OF', the Parties have executed this Interagency Agreement on the dates
written below.
OFFICE OF THE DISTRICT
ATTORNEY FOR THE 19111
JUDICIAI, DISTRICT
By, ;�`,�
Typed:Michael ,I I mirk
Title: District ttc+Xney
Date:
STATE OF COLORADO
JUDICIAL DEPARTMENT
fly: w l>
`title: State Cow
I)ate:
ndv Masilts
Chi' I.Sta
Judicial & 19`11 JD District Attorney 2019 RJ Funding
Page 6 of 6
EXHIBIT A
Juvenile Restorative Justice Pre -file Diversion Funding Application
14
SCAO use only: I Score:
Recommendation:
Award Amount:$
Section 1. Applicant Information
Agency/Organization Information: Include the judicial district number(s) the program exists within and the
counties, municipalities and/or school districts served by the proposed restorative justice program. What type of
agency/organization is requesting the funds? (ex. District Attorney's office, 501. c.3/non-profit, school, etc.)
19"` Judicial District, Weld County, District Attorney's Office Diversion Prram
Primary Contact Name: Kirsta Britton
Email: kbrittonAweldgov.com
Phone: 970-400-4775
Alt. Phone: Click here to enter
text.
Mailing Address: PO Box 1167
City Greeley
CO I Zip: 80632
1ntaltt ltentItf 1ft'hftrtfittttctttejtr����ttty
$$142,742
Section 2. Juvenile RJ Pre-.J'rle Diversion Program Information
Prggrnrn Information: In one' page or less write about the restorative justice project, .service or praatie
development and progress."Describe the communit'and the demographics *juveniles in the commmuntty rrzrd the ' ,
community'in general. What have been the primary challenges and obstacles? What have been the keys d
learhihei? CYhat changes have .been made from the original plan and whj ? How have'harnred;parties`be
to what extent? Has Implementation Science playeq'into your program's development? If yes, how? b not, by rids?4: ,
This is an existing project originally initiated under Senate Bill 13-1254. Prior to being named a Pilot Project
site, Weld County didn't have an RJ program to serve the judicial district. In response to Senate Bill 13-1254,
the sitting DA held a stakeholder meeting where it was determined that a collaboration with a local non-profit
youth serving agency, Youth and Family Connections (YFC) was the ideal partner for this project, Weld
County Restorative Justice (WCR.1) was formed under the YFC umbrella to provide RJ conferencing to
Diversion participants. Since the Pilot Legislation, the program has evolved from non-existent to a program
serving Diversion, Probation, and municipal referrals with three different conferencing models. Probation and
Senate Bill 94 both contribute a small amount of funding in addition to State RJ Council dollars.
Geographically, Weld County is very large, Greeley, the county seat and where most referrals come from, is
considered urban due to the population size. However, the community has a small town feel reflecting our deep
roots in agriculture. According to Colorado Department of Education (CDL) data for thel7-I 8 school year, the
juvenile population of Weld County is approximately 47% Hispanic and 48% white with 52% minority youth;
however, juveniles in Greeley represent approximately half of all juveniles in the county and the demographics
of Greeley are 60% Hispanic and 33% white with 67% minority youth according to CDT. Forty-eight percent
of Weld County youth qualify for Free and Reduced Lunch and 64% of youth in Greeley schools qualify for
Free and Reduced Lunch.
The primary challenges for this relatively new program, have been around staffing. Initially, it was unknown
what was needed and therefore the program was understaffed much of the first year. Once funds were
established, maintaining qualified staff has been an issue. There is great value in having an understanding of
the dynamics of Weld County. Finding a balance between those who know the principles of R.1 and also know
the community has been a challenge. Additionally, volunteer retention and recruitment have been an area of
focus. Finding an ideal staffing and volunteer model, as well as finding the right people for each role, has been
the biggest challenge. Our key successes and learnings and our greatest deviation from the original plan all
come in this area as well, as we've constantly reevaluated the proper staffing for the program. Our original plan
was to have one part-timejerson coordinate all conferencing. 1hat was unrealishe and we've been modifying
accesses Tin ,
en included anal
EXHIBIT A
Juvenile Restorative Justice Pre -tile Diversion Fundin(2 Application
FY'19
based on continued lessons throughout the project. The amount of work devoted to
and modifications have kept the program from reaching full implementation.
1-larmed parties are contacted for participation, Those who have participated have
This is reflected in the survey responses collected. Additionally, victim statements
surrogates arc used when the harmed party doesn't desire to be present in the circle.
frequently deals with low level offenses, victims are frequently uninterested in participation
victim participation has been a continued area of focus.
The principles of Implementation Science are ever present in development discussions.
benefit of a solid exploration phase, we've tried to use Implementation Science to
coming in at a later stage. Specifically, as the community has desired RJ to grow
Implementation Science would support, we've frequently returned to those principles
basics and focus on building a solid foundation for the future rather than expand during
implementation phase. Going back to our biggest challenges, turnover in staff has
full implementation.
these lessons, challenges,
found value in the process.
are collected and victim
Because the program
and as a result
While there wasn't the
the best of our ability despite
more quickly than
to remind us to stick to the
the initial
been a barrier to reaching
Referral Population to be Served: Describe the program's population ofjuveniles to
delinquent or school disciplinary behaviors, socio-economics and demographics, types of
addressed and anticipated changes for those to be served. 1/2 page or less.
be served including types of
cases or behaviors to be.
While the Weld County District Attorney's Office covers the entire le Judicial District/Weld
the smaller towns in the district serve juveniles in some capacity through their municipal
half of the juveniles in the county live in Greeley and Greeley Municipal Courts do
result, offenses committed by juveniles in Greeley arc sent to the District Attorney's
such, the Diversion program tends to serve juveniles more reflective of the demographics
Greeley as opposed to the county as a whole. We know that 60% of all Diversion
have Medicaid and that 64% of all students in Greeley schools qualify for Free and
consistent with the number of youth we see with families experiencing financial instability.
reviews all petty, misdemeanor, and 3-6 level felony cases, shoplifting and disorderly
the most frequently served. Disorderly Conduct are typically mutual fights that occur
offenses that are referred do tend to he fairly low level, they are also typically situations
involved struggle to see that their actions impacted others. It's impactful for both
for Restorative Justice to address this, especially at the first contact with the legal
diverting the current case but also desires to put the right systems in place to prevent
offending as well. Feedback from participants indicate that this method is beneficial
County, most of
courts. Approximately
not serve juveniles. As a
Office for prosecution. As
of juveniles in
participants in Weld County
Reduced Lunch. This is
While the program
conduct cases tend to be
in school While the
where the juveniles
juveniles and their families
system. Diversion focuses on
any future criminal
in impacting that goal.
Complete the table below for anticipated program pecift.c demographic
data
American
Indian
Asian
Black/
Multi-
African
American racial
White
Other
Hispanic/Latino
Ethnicity
Males
0
0
1
0
I,1
0
-,-
Females
0
I I (i
24
0
42
Total
o
0
2 0
93
0
60
Percent of Total Served with Limited En lish Proficiency: 25%
Age 10
Age 11
Age 12
Age 13
Age 14
Age 15 Age
16 A e 17
TOTAL
# of
Juveniles
�=
_
4
10
10
'0
20 20
�
I4
100
EXHIBIT A
Juvenile Restorative Justice Pre -file Diversion Funding Application
by ACE
at
referral I
Partner Organizations: If applicable, identify any partner organizations or collaborators, Include name, Main
contact person, phone, e-mail, and mail address, (provide any IvIemorandunrs Of Understanding as an attachment.)
Youth and Family Connections
Weld County Restorative Justice
Kelly Schramm
2835 W. 10th Street
Greeley, CO 80550
Office: 970.351.5469
RestorativeJustice(a)YOuthandFainiiyConnections.org
Partner Organizations' Roles and ResponsibilitiesFor partners identified above, describe any collaborative
cffort, partnership, or contract support that is directly related to this program. Include what services partners will`
provide and their qualifications for providing those services.
The DA's Office holds an MOU with Youth and Family Connections to provide Restorative Justice Circle
Conferencing and Restore to Diversion youth referred to the Weld County Restorative Justice (WCRJ) program
operating within the Youth and Family Connections agency. The District Attorney's Office contracts with
Youth and Family Connections to provide RJ services using funds awarded by the Colorado Restorative Justice
Council. Youth and Family Connections was identified by stakeholders in the community as the appropriate
agency to house a Restorative Justice Program. Program staff, paid for with RJ Pilot funds, have developed and
implemented a restorative justice program, housed within the YFC agency but as a separate program from other
services the agency offers. They offer volunteer management, training, and facilitations. They are registered
with rjcolorado.org and adhere to facilitator guidelines. This collaboration will exist as long as it is in the best
interest of Restorative Justice in Weld County.
Please' include withd tiF application as an attachment at the end as. a Letter of Commitment or MOU from each partner
organization or collaborator, clearly stating their understanding of their rote in the Juvenile RJ Diversion program:.:'' .
Volunteers: If applicable, identU' any volunteer roles and responsibilities that will work with the Juvenile RJ Pre -file
Diversion program. Include in what capacity they will serve the program and the current status of the volunteer corps.
Describe any training you provide for your volunteers and how that will delivered. How are volunteers supported by the
organization? (1/2 page or less)
Volunteers have been recruited and trained as a part of building the program. Volunteers provide conference
facilitations, Volunteers receive training from a contracted trainer and then mentoring by WCRJ program staff
before they become facilitators. Volunteer mentoring is done by RJ program staff. Volunteers are vital to the
organization and operation of the Restore conference, which has a high administrative requirement to operate,
A goal established in late 2017 was to focus on volunteer engagement so that existing volunteers will continue
I to work with the program.
As a part of the collaboration between YFC and the DA's Office, the DA's Office does background checks on
each volunteer which is a necessity for YFC insurance, The YFC Fiscal Agent also does a TRAILS background
check on each volunteer.
Additional training and technical assistance on volunteer recruitment and retention would be welcome.
4
il.FSIOi'A IVI ll!S I.ICIi
EXHIBIT A
Juvenile Restorative Justice Pre -file Diversion Funding Application
Provide a flow chart of the Juvenile RI Pre -file Diversion Program structure: Include;O)5111ons, Hanes
altail(lplc'. and 1,tZat:Vc I'TE io t/ii. the 1 !" 7gram! ,V77, Y , i'r",ht to v✓iLo7tes'.4l?7(.'tudo r'o e numb'` no] eippr.;a:mate hours
s ?r'e'ed. (You niri): attach ecru 1 /on er, oil Gds L±ocurnent at i/t,2 otu/ o/ 1/us oppficuriorr)
Attached
Section 3. Juvenile RJ Pre -file Diversion Program Narrative
A. Need for Juvenile RJ Pre -file Diversion Program: Please describe the need for juvenile RJ Pre -file diversion
funding in your community. '/2 page or less.
Weld County has had Juvenile Diversion in its current capacity since 2005. Restorative Justice was loosely
available when people who had been trained were wiling to volunteer their time. Prior to FIB 13-1254, there
wasn't formal Ri programming available to the 19th Judicial District. As a result of being named as a Pilot site,
a program needed to be created. There was hesitation about Restorative Justice because there had been RJ
programs in the community in the past that worked well but when funding went away, so did the program. As a
result, full buy -in was slow. Once the community saw that the program was meeting success, there began to be
interest in the program but uncertainty around funding has caused some sources to be slow to refer. While the
program is gathering positive program outcome data, the program is not fully implemented per Implementation
Science definitions. Absent Colorado RJ Council funding, R.I programming would likely dissolve in Weld
County, The program is not yet able to reach out to other fenders to obtain full funding at this point.
Additionally, Weld County desires to support the evaluation efforts as much as possible and appreciates
continued support from the state council.
13. Description of Juvenile RJ Pre -file Diversion Project: Describe the project, including how you are
incorporating the principles and best practices of RJ. What are the eligibility criteria for participants? How is the
program/project victim -centered? How will the needs and concerns of those harmed be identified and addressed?
What training is needed for staff? Explain the program's capacity to meet the intended goals. How will program
success be determined? Summarize current stage of implementation & measures of success to date. What are the
procedures and activities from referral to completion? Limit response to 2 pages or less.
The established DA Diversion Program is a pre -adjudication model, Juveniles facing a first-time, non-violent
offense are eligible for Diversion. While all petty, misdemeanor, and class 6, 5, and 4 felonies are considered,
most cases tend to be disorderly conduct or third degree assault where there is a direct victim, or shoplifting
offenses addressed in Restore with a surrogate victim and emphasis on the harm caused to self and community.
Domestic violence cases are eligible for Diversion but not for RJ referral. Both programs exclude sex related
offenses. All cases received from police agencies by the DA's Office are reviewed for eligibility of Diversion
and RJ using a team approach. When a case appears eligible for RJ, intake notes and the Promise to Appear
(summons issued to the family by the police agency) are provided to WCRJ staff, Eligible juveniles participate
in a Diversion intake interview and the MAYSI-II and CUDIT screening tools arc administered. Screening
tools are used in all cases, Staff From WCRJ attend intakes of RJ eligible youth and ask screening and
suitability questions as approved by the R.1 Council. WCRJ staff assign cases to available volunteers for
conference and make contacts with victims, WCRJ staff and volunteers facilitate pm -conferences and
conferences. Contract information is forwarded to the DA's Office Diversion Case Manager who completes
follow up calls on the conference contract items and assists juvenile with referrals and contract items as needed.
a
ItL51oi'tn"T'Ivi' 11.ISr If'C
tl+.,
EXHIBIT A
Juvenile Restorative Justice Pre -file Diversion Funding Application
I' 'r 10
Once the contract is completed, a reintegration circle is held with original circle participants. Once this is
completed and the Diversion agreement time frame has elapsed, the Diversion case is closed and the Diversion
Director closes the case in ['1O.
Weld County Restorative Justice is rooted in the values and principles of restorative justice practices and
incorporates the SR's throughout the RJ process. Contact is made with the victims when possible along with the
community and the offenders. Voluntary participation is invited from all directly impacted parties. All parties
are willing for the incident to be handled restoratively and be represented or present. To achieve an
understanding of the other stakeholder's experience, especially the victim, facilitators must sensitively invite
and encourage a measure of reflection, honesty, and personal accountability in the offender. The use of trained
facilitators do this in part by developing their own skills through monthly training and by adhering to the
Colorado Facilitator Code of Conduct and Standards of Practice. Conference Circles are conducted with no
tables/barriers to the extent possible.
Models and processes used are Family/Community Group Conferences. However, as WCRJ expands, the
opportunity to use Restorative Dialogues and Restorative Circles has also been used.
The Implementation Plan has been a challenge for a couple of reasons. There has been a lot of staff turnover
in the RJ program and that turnover has made it difficult to advance through the stages to full implementation.
Additionally, decreasing finding has required the program to spend more time that would have been ideal
looking for other funding sources. This is labor intensive and because each fonder has different requirements, it
necessitates program staff collect and report to a variety of sources the different data that each fonder needs, Al.
the outset, the 3 -5 -year implementation goal seemed lofty and now that the work is being done, that period
seems to reflect full implementation if all factors remain steady throughout that time, which hasn't been the
experience. With consistency in staff and if the program were fully funded, it could reach full implementation
in 1-2 more years but that might not be realistic.
Staff desire to grow in the field, and therefore trainings offered that are practicable are completed when
possible. On -going training for volunteers is our biggest need. Currently, the program contracts with trainers
and therefore funding is required to put on those trainings at no cost to program volunteers.
The goals speak to specific needs of the program; diverting juveniles into RJ programming, being efficient
and effective in evaluation methods and state reporting, and developing and growing the program beyond the
Implementation period. The biggest challenge will be finding funding from other sources to cover the costs of
the program. The goals have been modified slightly to represent program growth but have remained stable so
that the focus is on implementation with fidelity throughout this phase.
The DA's Office has a responsibility to the people of Weld County to serve them by working to make Weld
County safe. As such, recidivism rates will always be a factor in how we determine success. Additionally,
aggregate feedback as provided by OMNI collected from the surveys completed by victims, offenders, and the
community members will be weighed when looking at program success and areas of needed improvement.
Regarding implementation, as previously stated, a full exploration stage wasn't conducted. However, the
experience has been that the community was ready for RJ to the extent that the program had to turn people away
who want to work with Weld County RJ to start using RJ in their setting. However, since the focus has been on
Implementation Science and moving to full implementation as much as possible before expansion, the program
structure as initially created for the Pilot is where the focus has remained. Because this was the focus, now that
the program desires expansion, some of the initial interest has waned as it wasn't available to other programs at
the time that they approached WCRJ.
Police officers and prosecutors are open to the process and participate when requested. This highlights a shift in
how cases are handled. Additionally, the surveys collected as a part of the Pilot highlight satisfaction with the
t�rocess as well.
6
Rrs1'ORAiive tus7;ce
EXHIBIT A
Juvenile Restorative Justice Pre -file Diversion Funding Application
19
All first-time offenders are screened to determine Diversion and Restorative Justice eligibility. As the pilot
legislation specified Diversion cases, and as there was an existing Diversion program, Diversion eligibility must
first be met to refer a case to R.J. Multiple cases have been accepted that absent RJ, would have been filed with
the Court due to lack of resources to appropriately handle the harm. A Diversion intake occurs with the
Diversion Case Manager and a staff from the R.1 Program to determine suitability for RJ. If a juvenile is
suitable, the RJ program arranges facilitation and the Diversion program provides case management. There is
constant communication between the two programs. Once a juvenile has completed reintegration and
completed their RJ Agreement, the RJ program staff notify Diversion staff. The Diversion case is closed
internally within the DA system, with charges never having been filed with the Court. WCRJ uses a database
case management system that the DA's Office can access for confidential information exchange. Case
information needed for data reporting as required by the grant is maintained in this database and the Diversion
Director uses this information to update ETO and compile information for reporting. Occasionally cases are
referred post file. In those situations, expungement instructions are provided to the family. ETO is updated
with all ease information and the case is closed in that database as well. The programs will be evaluating the
extent that they will utilize baciliCase in the coming year — if that will solely be for data entry for reporting or if
the program will replace their existing database with that toot as well.
Data Collection and Evaluation: All RJ Council funded Juvenile RJ Diversion programs must conduct; offender
screenings for suitability, data collection and evaluation for the program. Please identify what screening for suitability
tools/assessments will be used with referred parties and what the assessments will measure: Data collection will include
demographics, level of offense and status of the offender participation among other things. Please identify how the
program will enter and use this data. Describe your program protocols, technology and staff capacity to meet these
specific mandates: I) appropriate screening for suitability; 2) administration ofpre/post participant surveys 3) collection
of data on participant demographics & case outcomes; & 4) timely (quarterly) reporting to the state of all required
program information and financial information relative to the funded RJprogram. Be specific as to how all required data,
will be collected & reported, including who will be responsible for this. Limit response to 1/2 page
All cases are screened for Diversion and RJ eligibility by DA's Office staff during a weekly meeting where all
cases are discussed. Cases deemed eligible participate in an intake interview. The MAYSI-II and CUDIT
screening tools are administered. WCRJ staff participate in the intake interview to determine further suitability
for RJ conferencing. This has been very helpful for professional staff and also for participants who would
otherwise have a nearly identical intake twice.
The surveys for circle conference participants are administered at the pre -conference and then again at the
conclusion of the conference. Historically, the matched rate of return on surveys has been above 80%. A high
rate of return on the surveys is a priority.
The Diversion Director collects all data and enters it into the ETO database, Sharing information between two
agencies has been an on -going work in progress and adjustments arc frequently made to help improve data
sharing. Recidivism tracking is done using CDAC Action and Colorado Courts Data Access databases.
Anecdotal information is collected in the surveys.
The DA's Office Diversion Director is the Project Manager and therefore, has done all reporting. WCRJ uses a
data management system for case management and referral. Diversion staff are able to enter referrals directly
into this system with case level data. RJ staff utilize this system for all case management and Diversion staff
are able to access the information to get necessary information to enter into ETO. This process will be evaluated
as we learn more about FaeiliCase,
EXHIBIT A
Juvenile Restorative Justice Pre -file Diversion Funding Application
ApipaIitlYinOIMMIC
C. FY 19 Juvenile and Victim Projections, Goals, Activities, Outputs and Outcomes: Use the table below to
first identity FY 19 projections. Next add a program development goal and capacity building goal, which should
include planned activities, outputs, and outcomes. Program Development Goals are long-term impacts program
activities will have on clients, the community and/or system level changes in policy. Program Capacity Building:
Goals are the long-term impacts planned activities will have on a program's ability to ,sustain itself overtime.
Activities are the processes, tools; events and actions of a progrcon. For example, program activities might be the
development of volunteer iiainings or informational materials. Outputs are the direct results of program activities.
For example, program outputs might be the number of lrainings held, the nwnher of participants who attended and/or
the number of informational materials created. Finally, Outcomes are the specific changes in attitudes, behaviors,
knowledge, skills and/or status expected to result in individuals from pr ogram activities:
FY 19 Juvenile Projections
# of juveniles who will be accepted and begin RI services: 110
# of juveniles who will complete an iLI process: 88
# ofjuveniles who will complete all RI contract: 82
FY 19 Victim Projections
#1 of primary victims who will be contacted for participation in RI services: 20
II of primary victims who will participate in an RJ process: 7
FY 19 Program Development Goal
Goal: Expand and incorporate Restorative Justice in multiple services in Weld County.
Activity: Work with partners to
educate them on the ways in
which RJ will serve their clients.
Activity: Seek out schools to
partner with to create an "RJ In
Schools" component of
programming.
Activity: Expand scope of the RJ
Advisory Board.
Output: increased number of
referrals to RJ from providers
outside of Diversion.
Output: Decreased number of
juvenile justice referrals from
schools that use RI.
Output: Increased voice and
participation on developing RJ in
Weld County from a variety of
stakeholders.
Outcome: An incorporation of Rd
processes over punishments in
response to incidents.
Outcome: An incorporation of RI
processes over punishments in
response to incidents.
Outcome: Greater awareness and
involvement from stakeholders
around how RJ can be utilized in
Weld County.
FY 19 Program Capacity Building Goal
Goal: Resources to lead to a sustainable program, integrated into the community.
Activity: Recruit and retain
volunteers.
Activity: Investigate and expand
funding streams.
Activity: Participate iii data
collection and evaluation efrorts
with tac RJ t „ii,ciI.
Output: Increased volunteer
participation,
Output: Diversified funding to
sustain the program.
Output: S:Illlcienll data and
evidence to Support and lustily the
efficacy of RJ in the Juvenile.
liIsc._ �y stein.
8
EXHIBIT A
Juvenile Restorative Justice Pre -file Diversion Funding Application
F 1" 19
Outcome: A greater sense of
community among RJ
participants.
Long -Term Sustain ability Plan: What plan does the orgunizalion%agency hove to sustain the Juvenile .RJ Pre -file
Diversion program as, funding is stepped down and is no longer available? For ex miple, identify other funding sources
and/or resources that will help support this program as funding is stepped down Please limit your response to I page or
less.
Outcome: R.I is permanent and a
part of the culture of working vkith
youth in Weld County.
Outcome. Srstrmic change.
YC'C, as the umbrella organization over WCRJ, intends to apply for funding from other fenders at the same rate
that the RJ Council funds are decreased over time. Additional funds will continue to he sought so that
eventually the program will he able. to support itself, however, at this point in time, the program is dependent on
state Rif Council funds. In order to sustain RJ practices throughout Weld County, Youth & Family Connections,
the Weld County District Attorney's Office, and strategic partners will identify and solicit contributions from
community -based organizations who can benefit from restorative practices offered through the Weld County
Restorative Justice Program. 'ibis may also include oust term grant opportunities, foundation funding, and/or
funding from municipalities,
Section 4. Juvenile R,/ Diversion Budget
FINANCIAL NIANA(C.1+ MEN'I': The applying organization/ agency will be responsible for, financial
management and reporting for all fiends granted and expended jar this prolecl. The State Court Administrator 's
Office expects there to be supporting documentation available upon request for all expenditures. NY 19 grant
funds will he distributed on a reimbursement basis only
Budget Narrative: Provide justification and a detailed explanation of the budget items listed in the Bridget Table
below. The budget narrative must use the scone category sub -headings (e.g., 1. Personnel, 2.Training, Supplies and
Operating, etc); and explain the basis for prorating where applicable. No indirect costs are paid /or with these funds.
Describe the criteria or jOrmula used to compute budget figures. All budget figures should be justified and explained. The
budget narrative should show the relationship between budget figures and proposed program operations. (For example, if
an expense is feu- training, an explanation of the professional benefits and the need for" consultants to provide the training
and the hourly cost of the services to be provided.) All costs must align with the state fiscal rules and limits. (more
infarnlalion can be found ell baps:/fwww.courts.,tate,co,u9lAdminIstyutIon/Division. fm?Divlslon= inan) It is
important that you describe how maximizing resources will be accomplished. If this is an existing program, how will this
new money help continue kJ services ivithout supplanting existing filitds:' JJ'hat other sources of funding or in -kind
contributions are available? 6r/bailees, if any, will he charged to the referred party/offender? What happens if the
referred party/of ender f nnily cannot pap the fee? What is the anticipated cost per referral; include your formula,jvr this
estimate? (Lima your response to 2 pages or less)
PERSONNEL
The amount requested will fund 4i3% of the Director salary. Salary is based on the Counties scheduled pay
scale. The cost of benefits is 42,63% of the base salary, dependent on date of hire. Benefits include disability
and life insurance, and mandatory retirement savings.
the amount included for the Director's position includes the annual base salary oi'$8I.2I9.41) with
$34,623.87 in benefits, totaling $115,843.36. Cost of' living increases will occur during the funding cycle and
are factored into those costs. Approximately 40% of the Directors time will he spent on Restorative Justice Pilot
Ilinctui ms, review and determination of eligible cases for referral, data C lllection and reporting. program
9
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EXHIBIT A
Juvenile Restorative Justice Pre -file Diversion Funding Application
1'10
process, and administrative functions that have allowed the 19th Judicial District to follow the requirements of
HB 13-1254 and 11B 15-1094 and now the reguirements of the funds. Additional funds for the Directors salary
are provided by DCJ Juvenile Diversion Grant funds and Weld County. Those additional funds pay far required
duties not associated with the functioning of the RJ Pilot Program,
TRAINING, SUPPLIES AND OPERATING COSTS
The budgeted amount of $50 was calculated based on expenses from the 17-18 fiscal year. Because the
DA's Office operates on a paperless system, supply costs have significantly decreased in recent years.
"I'RA V EL
The travel budget was based on estimates of mileage expenses needed to travel to trainings as offered by the
RJ Council in Boulder and Denver and mileage and potential hotel and airfare expenses for quarterly
implementation team meetings in Salida, Durango, and Alamosa. The Weld County reimbursement rate is 52
cents per mile but the state rate of 49 cents per mile was used to factor this cost. Average hotel rates in Salida,
Durango, and Alamosa were researched as well. The amount requested will allow $250 for trips to Boulder for
trainings and meetings, $250 for trips to Denver for trainings and meetings, $500 for mileage and hotel to travel
to Alamosa for one meeting, $500 to travel to Salida, and $'150 for travel to Durango.
EQUIPMENT
There arc not anticipated equipment needs for the BA's Office RJ Diversion staff in the upcoming fiscal year.
CONTRACTED CONSUI,TANT AND PROFESSIONAL SERVICES
The funds provided by the RJ Pilot Program enable the implementation of the WCRJ Program. These funds
allow continued operations of the WCR.1 Program giving time to produce outcome results that show the
program's success. This information will he used to obtain additional funding allowing the program to continue
beyond the pilot period.
Personnel: $84,121.00
All contracted consultant and professional services personnel arc employed through Youth & Family
Connections and perform the overall management and operational duties for Weld County Restorative Justice
(WCRJ), the service provider.
Position FT Salary Fringe Total State Funds Other
E Benefits* Position Funds
Cost
Program
Manager
Case Coordinator
0.5
1.0
$27,500.00
$34,008.00
Case Coordinator
1.0 $34,008.00
$9,235.50 $36,735.50 $27,435.50 $9,300.00
$22,390.2
$16,725.00 $50,733.00 $28,342.75 5
$22,390.2
$16,725.00 $50,733.00 $28,342.75 5
$54,080.5
584,121.00 0
$138,201.50
'' Fringe benefits include: retirement, health insurance, life insurance, disability insurance, and de ital insurance
for all regular employees working more than 30 hours per week, Unemployment insurance, workers'
compensation, and social security arc also included in this figure_ Also included are administrative expenses
10
4NZ1 RPtil-o11AT:VL IusTICC
EXHIBIT A
Juvenile Restorative Justice Pre -file Diversion Funding Application
FY ' 19
associated with payroll, fiscal management, and human resources management. As a small non-profit, Youth
& Family Connections (YFC) contracts with an external service provider to perform these functions and pays a
fee to that provider for each YFC part-time and full-time employee.
Operating Expenses: $5,200
Operating expenses include supplies and equipment associated with program operations and volunteer training.
These include but are not limited to copies, printing, paper, binders, name tags, food and beverages for meetings
and training, costs associated with staff using their own cell phones for RJ business. Lodging associated with
programmatic meetings and training is also included under operating expenses.
Travel: $4,945
The travel budget was based on estimates of mileage expenses needed to travel to trainings as offered by the RJ
Council. Potential hotel expenses for quarterly implementation team meetings in Boulder, Pueblo, and Alamosa
are also included. An additional amount is requested to pay mileage expenses for conferences held in the
southern part of the county as the program is headquartered in Greeley. Conferences are held in the community
harmed requiring travel to towns such as Lochbuie, Dacono, Frederick, Firestone, etc. YFC reimburses mileage
at a rate of 43 cents per mile,
Foreign Language Translation: $500
Spanish language speakers will be employed by the program and Spanish speaking volunteers are also a part of
the program, however, when unable to assist or when another language is encountered, funds are needed to
provide language translation in the native language of conference participants. Volunteers and/or staff are
available to provide translation services on a limited basis.
Administrative In -Kind Contributions: $16,220.92 in Kind, ($0 State):
These In -Kind Contribution funds are provided by YFC's general operating funds including other local
contributions. Through the use of these alternative funding sources (other than pilot program funds) ensures the
maximization ot State resources for this project.
A program fee k assessed in conjunction with the Diversion program fee. The existing Diversion program fee
was $50; an amount that contributes to the cash match required by DCJ Juvenile Diversion grant funds. The
DA's Office assesses a $100 fee to RJ participants and quarterly sends a check to WCRJ for 50% of program
fees collected on RJ participants. A financial application is provided to families unable to pay the full amount
and a sliding scale based on federal poverty guidelines is employed. The program fee is reduced or waived
according to need. No one will ever be denied participation based on an inability to pay the program fee. The
amount distributed to WCR.I is estimated to he approximately $3000 per year.
BUDGET TABLE:
ROUND ALL AMOUNTS TO THE NEAREST WHOLE DOLLAR.
Make sure all figures are justified in your Budget Narrative.
*Personnel formula
(1) + (2) _ (3) times the % of the FTE that will he dedicated to the Juvenile RJ Diversion project = $Total
I1
k...) VI IU,tIL I
EXHIBIT A
Juvenile Restorative Justice Pre -file Diversion Funding Application
Fe 1.9
Funding Source
1. *PERSONNEL
k
(1)
Annual
Full-time
Salary
(2)
Annual
Fringe
Benefit
Cost
(3)
Sub -Total
(4)
% of lime
for This
Project
TOTAL
RJ
Council $
Other
Funds
$45,676
45,676
69,506
DA's Office Diversion Director
81,219
34,624
115,843
40
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TOTAL PERSONNEL COST
TOTAL
Funding Source
2. TRAINING, SUPPLIES AND OPERATING (BE SPECIFIC)
RJ
Council
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Funds
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$250
$50
$200
TOTAL
Funding Source
RJ
Council
$
Other
Funds
3, TRAVEL (Designate purpose and specify in -state and out-of-state travel.)
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$2250
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12
ATIVE tUSTlor.
EXHIBIT A
Juvenile Restorative Justice Pre -file Diversion Funding. Application
FY't9
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$2950
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4. CONTRACTED CONSULTANT AND PROFESSIONAL SERVICES
Attach a copy of each contract with a detailed budget.
TOTAL
Funding
Source
RJ
Council
94,766
Other
Funds
54,081
Youth and Family Connections — Weld County R1 included in narrative
$148,847
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TOTAL CONTRACTED COST
$148,847
94766
54,081
TOTAL OF ALL PROJECT
COSTS
(section I throu,gh 4)
TOTAL
Fundinz Some
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% of Total
Other
Funding
Sources
% of
Total
TOTAL COST
$. h ' j,)0
f $142,742
r, �yI'.1SiORAl'Vt )uSTICL
EXHIBIT B
STATE COURT ADMINISTRATORS OFFICE FUNDED
RESTORATIVE JUSTICE PROGRAMS
COMPLIANCE GUIDELINES
INSTRUCTIONS AND RESOURCE GUIDE
ItrSrol'.ATIVC jLis 1I(:1
c -U c,IIAI�C�
Introduction:
Proper stewardship of state resources is an essential responsibility of the State Court Administrator's Office
(SCAO). Grant recipients and service providers, contractors and any other entities receiving funds from SCAO
must ensure that these resources are used efficiently and effectively to achieve desired objectives supporting
restorative justice (RI) in Colorado.
111313-1254 established a surcharge that created the Restorative Justice Cash Fund, Pursuant to C.R.S. 18-25-
101 (3) (b), the Judicial Department has established these guidelines for recipients of funds from the
Restorative Justice Cash Fund.
The purpose of this document is to provide SCAO grant funded RJ programs with an overview of the guidelines
and expectations for record keeping, reporting and general programmatic and administrative activities. This
document will be used for monitoring program compliance; to guide document reviews during program site
visits; and to support program success with the management of state grant funds. SCAO program site visits will
be held with first year grant funded programs and on an as -needed basis with multi -year grant funded
programs.
Resource Information: Although this document does not cover every requirement of data collection,
reporting, record keeping and program participation with the grant, it does provide programs with
information about key SCAO and RJ Council compliance guidelines. Ultimately, the RI Council and SCAO hope
this information helps ensure that the grant cycle goes as smoothly as possible for each grant funded RI
program.
Definitions:
Grant funded agency, recipient, organization or entity_ is the agency, recipient, organization or entity
receiving funds from the Rj Cash Fund via SCAO for Juvenile RI Diversion Programs through the State Judicial
Branch. This includes "pass -through agencies, recipients, organizations or entities". Because SCAO contracts
directly with the "grant funded" agency, recipient, organization or entity, the agency, recipient, organization or
entity is bound to all the grant terms and conditions and specific grant requirements. The grant funded agency,
recipient, organization or entity includes, but is not limited to cities, counties, district attorney's offices, police
departments, non -profits, for profits, governmental and non -governmental organizations. Any sub -grantees,
contractors or other recipients of these dollars as a result of the RJ Program are accountable to these same
agreements through the grant funded agency.
Program Director: is the person in the grant funded agency, recipient, organization or entity who is most
knowledgeable about the grant activities and is the responsible party to SCAO, RJ Council and CO Judicial.
Financial Officer: is the person in the grant funded agency, recipient, organization or entity who is
responsible for accounting and bookkeeping relative to the SCAO RI Program grant funds. The Financial
rev. 6/14/18
EXHIBIT B
STATE COURT ADMINISTRATORS OFFICE FUNDED
RESTORATIVE JUSTICE PROGRAMS
COMPLIANCE GUIDELINES
INSTRUCTIONS AND RESOURCE GUIDE
EsTc)RATIV[ los ric
Officer may be the person responsible for reconciliation of SCAO RJ Program grant expenditures and revenues
as well as reporting and tracking.
Program participants: are those who receive the services from the program being funded by the grant.
Every grant funded program should have program participants. This is true even if the grant funded entity has
sub -contracted out the work and the grant funded entity is not involved in the direct delivery of services.
Master Grant File: contains all documentation relative to the grant funded program. All documentation
should include the grant name and funded program identification. Records contained in this file should be
retained for a minimum of three (3) years.
Important Instructions, Information & Helpful Hints:
FY '18 PAYMENT METHOD. Grant funded agency, recipient, organization or entity shall submit itemized
invoices for reimbursement on the form provided by SCAO reflecting actual expenses within twenty (20) days
after the end of each quarter for which payment is requested or expenditures have been made. Due dates for
financial reports and reimbursement requests: 20 days after the end of the calendar quarter (10/20, 1/20,
4/20 and 7/20- (July may need to be earlier for state fiscal year end reporting. Your RJ Coordinator will
let you know when these are due.] Payments will be made within 30 days after receipt and approval of
invoices.
Use of Funds: All SCAO/ RI Council granted funds shall he used for the approved RI Program in the approved
categories found in the Interagency Agreement (Personnel, Training, Supplies and Operating, Travel,
Professional Services and Consulting) between the grant funded agency, recipient, organization or entity and
the Judicial Department. No indirect or unspecified expenses or expenses outside of the approved categories
will be allowed. Supporting documentation for ALL grant expenditures must be retained in the Master Grant
File. If any significant (> $1000) changes between categories need to occur a request needs to be made in
writing to the RJ Coordinator with a clear explanation of the need.
Communication: After reviewing this document if you have any questions or reed additional assistance,
please contact the Restorative Justice (RJ) Coordinator at SCAO or supervisor. (Matthew Riede at 720-625-
5618 or matthewsiede@judicialstate,co,us) The RJ Coordinator at SCAO is there to help you throughout the
grant cycle and is prepared to answer any questions you may have.
When you want to make CHANGES: Verbal approval is not sufficient for changes to the grant goals, budget or
staffing. These and other significant changes must be communicated in writing. Changes may be discussed with
the SCAO RJ Coordinator in advance but written approval is required. Budget revisions of $1000 or more
require written approval from SCAO.
ii ion of O.:Ant Agreements - Iriterageu,cy 'greeDient Amendments
EXHIBIT B
STATE COURT ADMINISTRATORS OFFICE FUNDED
RESTORATIVE JUSTICE PROGRAMS
COMPLIANCE GUIDELINES
INSTRUCTIONS AND RESOURCE GUIDE
IL4:S IORATIVF. IUS F101'.
C.O1 I)it Ai)t)
❑ Program Director and Authorized Agency Signatory (AAS) signatures are required on written
communication
❑ To add, modify, or delete goals, funding or staffing of the project
❑ A narrative explaining and justifying the requested change is required
❑ Con tcjAmendnn n1- changes in goals, Program Director and AAS signature required
❑ Grunt Fundiir;Change Letter- required to increase or decrease funding or budget, changes in goals, of
staffing require Financial Director and Program Director signature
Program Director: It is important that the compliance guidelines be reviewed and monitored by the Program
Director listed on the original grant application, If this person changes written updates must be submitted to
SCAO RI Coordinator as soon as possible once the change occurs. The Program Director is the person who is
most knowledgeable about the grant and is the responsible party to SCAO. The Program Director will be
contacted about a formal site visit via a phone call or email from the state RI Coordinator. It is the Program
Director's responsibility to ensure compliance of the grant funded agency.
Responsibilities
❑ Program Director must be acutely aware of what is happening with the grant funded program.
❑ Program Director must know what the grant application includes; what the grant pays for and what
your agency agreed to do,
❑ Program Director is the "go to" person. It is fine to use administrative staff to help with details;
however, the Program Director must have complete oversight of the program.
❑ Completion andsubmission of all Reporting Forms: quarterly data reports, quarterly financial reports,
reimbursement requests, and any grant modifications.
❑ Coordinate with the funded program's Financial Officer on a regular basis and keep them in the
communication loop with regards to grant activities.
• Program Director must thoroughly review invoices, receipts, payroll records, mileage vouchers, travel
receipts, time sheets, etc. and all other expenses related to the grant.
❑ All expense back-up documents should be marked with the uniquely assigned grant name and then
signed off by the Program Director with your ORIGINAL signature and date.
❑ Program Director should be able to answer these questions: What are the goals of the program? Are
grant goals being met? Are there issues with goals? Is the funding/spending on track for the year?
3 rev..5/14/t8
EXHIBIT B
STATE COURT ADMINISTRATORS OFFICE FUNDED
RESTORATIVE JUSTICE PROGRAMS
COMPLIANCE GUIDELINES
INSTRUCTIONS AND RESOURCE GUIDE
RCS IL)ICATIvr JUSTIC Col RA m,
J Responsible for monitoring and managing any contracted services. Pay close attention to time sheets
and invoices theys'.dould have detailed information about the numeer of nouns worked and what was
performed.
▪ Program Director mast thoroughly review invoices, receipts, payroll records, mileage vouchers, time
sheets. etc. and all other expenses related to the grant before paying. These should be contained in the
Master Grant File.
❑ Ensure that all internal controls are in place and are operating.
❑ Monitor budget for proper expenditures.
U Stay in regular communication with the RJ Coordinator; it is better to "ask a question", than to GUESS!
J Re responsive to the RI Coordinator as the best resource!
Master Grant File: The master grant file should contain ALL documentation relative to the grant funded RI
program. All documentation should include the grant name and grant funded agency ID.
Grant File should contain at a minimum:
�7 Grant interagency Agreement /Contract
luclude'; signed grant documents, including application and, exhibits
All correspondence related to grant
U Copies of or original receipts/invoices to support approved expenditures in the approved budget
categories (Personnel, Training, Supplies and Operating, Travel, Professional Services/Contractors) of
the original grant application; payroll records: mileage vouchers
Copies of ail reports complete with signatures
❑ Signed copy of contracts; purchase orders with outside vendors/consultants. memorandum of
understanding, letters or agreement, etc.
• Time records from any contractor(s) being paid with grant dollars
U Internal agency timesheeta and time records
J
Any released reports, articles and/or other publications, notices, visual or audio publications (books,
films, manuals, etc. relative to this funded RJ Program
4
r,::9 5/1,1/18
EXHIBIT B
STATE COURT ADMINISTRATORS OFFICE FUNDED
RESTORATIVE JUSTICE PROGRAMS
COMPLIANCE GUIDELINES
INSTRUCTIONS AND RESOURCE GUIDE
RESTORATIVE JUSTICE
`OI OIRAIIO
❑ Any other items/documentation related to the grant award
• Signed (Memorandum of Understanding) MOU's with outside entities if applicable.
PLQJessional Services/consultant
❑ Grantee must comply with all appropriate local and state procurement procedures.
❑ Required back-up documentation (i.e. scope of work, memorandum of understanding, draft contract)
must be submitted by mail, or email to the Rj Coordinator for grant records AND must be retained in
the master grant file.
❑ All expenses must be supported by a valid, signed contract between the grantee and the contractor, and
by detailed invoices from the contractor, which have been approved for payment by the Project
Director.
❑ The maximum hourly rate cannot exceed $81.25 or $650 per 8 -hour day without prior approval.
❑ justification must be included if the hourly wage exceeded $81.25 per hour or $650 per 8 -hour day
❑ The grantee must provide justification if it is a sole source contract
❑ The contract must be signed by an authorized official of the grantee agency and the contract agency
who has authority to enter into contracts
• Note: Payment requests will not be approved if form(s) have not been received and
approved.
❑ The debarment/excluded parties list needs to be checked at https;//www.satu.gov
5 rev. 6/11/18
EXHIBIT B
STATE COURT ADMINISTRATORS OFFICE FUNDED
RESTORATIVE JUSTICE PROGRAMS
COMPLIANCE GUIDELINES
INSTRUCTIONS AND RESOURCE GUIDE
ltr:5TeHRKTIVE JUSTICE
COMPLIANCE GUIDELINES AND REQUIREMENTS
Section I. Administrative Generfil t:ompli as r�<e
Human Resources Office/Employee Relations Office; The RJ Council and SCAO recommend that you seek
the involvement of Human Resources professional for items that impact personnel management. Reporting
will require a breakdown of personnel expenses including but not limited to hourly/salary rate and benefits
provided, time spent on the RJ program, duties or job descriptions relative to the program and personnel
policies. Copies of or linos to all required policies and documents must he retained in the master grant file.
1. Personnel Policy Manual - Please retain a copy of your policy manual and/or other policies not in
your personnel manual in your Master Grant file, These will he reviewed at the site visit.
Highlight/reference the page numbers or links where the policies listed below in questions LA. - LC.
can he found. Rj Council/SCAO recommends that employees sign a statement that they have received
the policies and procedures and that they understand the content.
A,
Non-discrimination policy -Title VI of the Civil Rights Act of 1964, Title IX of the Education
Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with
Disabilities Act, and. Age Discrimination Act of 1975, prohibit discrimination on the basis of race,
color, sex, disability. age and national origin. These regulations require that recipients notify
employees, program participants, benefit recipients and others that they do not discriminate on the
basis of race, color, national origin, sex, disability, and age. An anti -discrimination policy conveys to
employees, benefit recipients, program participants and others that discrimination on the basis of
race, gender, color or national origin will not be tolerated and can provide a defense to a
recipient/employer if a discrimination lawsuit should arise.
Comniaoicate the anti -discrimination policy to all employees. Have employees sign the policy to
indicate that they have read it, understand it and agree to comply with it. Post the policy in the
workplace and include it in the employee handbook or personnel manual.
Please r (wiew theJoJllrswitly wchsites for more irijormatrr>n and firr resources:
lit t n/1 wwce rte t>ow/lmltcyjinde:l.htnil
irttt,;awww.eenl.,,or1Lt_ ;:,lAta tdt,Jttint
htitnl/ www.d(dovf odcp./pulrs/lart/I:.ltws.ln
Irtth:jjwww.u. ja.usdoj,,g.uvjalauutjocrjstatutes.irlri.}
harlyi/WWW.(1010.titi.it.C.CO.Uqj Vi -rigb1a/
B. Written grievance policy - Title VI of the Civil Rights Act of L064, and other related civil rights
statutes, require written grievance policies. The purpose of which is to provide and communicate to
potential interested parties the primary process for addressing allegations of illegal discrimination.
Potential interested parties include employees, benefit recipients, program participants and others.
RJ Council/SCAO recommends that the policy describe in detail the procedure for dealing with
complaints. And, that it provides for the prompt and thorough investigation of all complaints. It is
important to also include the corrective actions that will be taken if any kind of discrimination is
found to have occurred. Please include sufficient information for whom to contact including
name(s), telephone number(s), email and web addresses.
511.118
EXHIBIT B
STATE COURT ADMINISTRATORS OFFICE FUNDED
RESTORATIVE JUSTICE PROGRAMS
COMPLIANCE GUIDELINES
INSTRUCTIONS AND RESOURCE GUIDE
i +CYRES'OKA'iVr. JUST ICI
$ trr„i',rn,
C. Conflict of interest policy -Grant recipients need to maintain written standards of conduct
governing the performance of its employees engaged in the award and administration of contracts.
No employee, officer, or agent shall participate in the selection, award, or administration of a
contract supported by government funds if a real or apparent conflict of interest would be involved.
Such a conflict would arise when the employee, officer, or agent, any member of his or her
immediate family, his or her partner, or an organization which employs or is about to employ any
of the parties indicated herein, has a financial or other interest in the firm selected for an award.
The officers, employees, and agents of the recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to sub -agreements. However,
recipients may set standards for situations in which the financial interest is not substantial or the
gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary
actions to he applied for violations of such standards by officers, employees, or agents of the
recipient.
The State of Colorado, in CRS 24-18-201 and 24-50-507, addresses conflict of interest policy
requirements.
2. icipants of non-discrimination practices -
No one should be turned away from the opportunity to participate in restorative justice practices for
financial reasons or fur any reason noted in 1.A of this document,
3. Written policies or procedures for notifying program participants and beneficiaries how to We
complaints alleging discrimination - please see numbers 1.8 above for more information.
Fiudiigs_Qf discrimination - In the event a federal or state court or federal or state administrative
agency makes a finding of discrimination, after a due process hearing, on the grounds of race, color,
religion, national origin, sex, disability, or age against a recipient of funds, the recipient is to forward a
copy of the finding to the State Court Administrator Office RJ staff.
5. Debarred and suspended organizations - The U.S. government -wide common rule for debarment
and suspension, 28 CFR Part 67, provides guidance on requirements for recipients and sub -recipients
that receive government funds. Recipients and sub -recipients are not permitted to award or permit any
award at any level to any party which is debarred or suspended from participation in federal assistance
programs.
F'1srse review 0016110WirWAV_Chsisafcjr ipure fnforrnatiln and for re,suur ces:
t≥ fw 1.)y .pligL:FR 2006-titla8-volt/ if/ 8-20061 title2ti-v012-par't67.i�dl
hiitlps /j tWW, 7l a v
6. Civil or criminal judgment or conviction - The government -wide common rule, 28 CFR Part 67,
stipulates that recipients and sub -recipients are not permitted to award or permit any award at any
level, to any party that has been convicted of civil or criminal offenses such as fraud, emberi,lement,
7 ,_. a z,t,ia
EXHiB!T B
STATE COURT ADMINISTRATORS OFFICE FUNDED
RESTORATIVE JUSTICE PROGRAMS
COMPLIANCE GUIDELINES
INSTRUCTIONS AND RESOURCE GUIDE
REsTORATrui, ;USTICE.
c:„r,
theft or other offenses, as stated in the General Compliance Check List, in violation of federal or state
laws. Included are those who are presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any criminal or civil offenses. And,
those, within a three-year period preceding, having one or more public transactions (federal, state, or
local) terminated for cause or default.
Report any allegations of fraud, waste, and abuse of grant funds to the RI Coordinator or the
State Court Administrator.
7. Civil or criminal indictments - Same as 8. above
8. Termination for cause or default - Same as 8. Above
9. Lobbying Activities - The government -wide Common Rule, 28 CFR 69, requires all recipients and sub -
recipients of funding to comply with its provisions for restrictions en lobbying. No SCAO funds may he
used for purposes of:
A. Attempting to influence the outcome of any federal, state, or local election, referendum,
initiative, or similar procedure, through in -kind or cash contributions, endorsements, publicity,
or similar activity;
B. Establishing, administering, contributing to, or paying for the expenses of a political party,
campaign, political action committee, or other organization established for the purpose of
influencing the outcome of elections;
C. Attempting to influence: (a) the introduction of federal or state legislation; or (b) the enactment
or modification of any pending federal or state legislation through communication with any
member or employee of the Congress or Sate legislature (including efforts to influence state or
local officials to engage in similar lobbying activity), or with any government official or
employee in connection with a decision to sign or veto enrolled legislation;
D. Publicity or propaganda purposes designed to support or defeat legislation pending before
legislative bodies;
E. Paying, directly or indirectly, for any personal service, advertisement, telegram, telephone,
letter, printed or written matter, or other device, intended or designed to influence in any
manner a member of Congress or of a state legislature, to favor or oppose, by vote or otherwise,
any legislation or appropriation by either Congress or a state legislature, whether before or
after the introduction of any bill or resolution proposing such legislation or appropriation;
F. Engaging in legislative liaison activities, other than as required by the position, including
attendance at legislative sessions or committee hearings, gathering information regarding
legislation, and analyzing the effect of legislation, when such activities are carried out in
support of or in knowing preparation for an effort to engage in unallowable lobbying; or
G. Paying a publicity expert.
Meuse revien the JUlfcw/uq we1as1tEsfp,r more rr(Jarrzlotiur7 and for r sou c. h:
bitailLwww ,ro\'Jb y_ , LI it -10 1U t k i1-ul2jui:ItJSLR201-_tit 2.:_ uLLituc69i,p di
8
EXHIBIT B
STATE COURT ADMINISTRATORS OFFICE FUNDED
RESTORATIVE JUSTICE PROGRAMS
COMPLIANCE GUIDELINES
INSTRUCTIONS AND RESOURCE GUIDE
()RA FIVE JOSIICI:
1. 11 L 1 It.1111
10. Records Retention Policy - Records contained in the Master Grant file are required to be retained for
three (3) years after the final reports are submitted at the close of the fiscal year in which funding was
granted.
A, The Grant funded agency assures that:
i. It will retain all program records, and will facilitate an effective audit if requested, for
three years (3) after the end of the state fiscal year that includes the end date of the
grant. (For example, if the grant ended 6/30/2015, the state FY would be July 1, 2014 -
June 30, 2015. The files could be destroyed after 6/30/2019); except,
ii. If an audit is in progress and/or the findings of a completed audit have not been
resolved satisfactorily, then records must be retained beyond the three-year period
until such issues are resolved.
Please review the jalkuwind websites for mate mformcrtion undior resource41
www.colorado.gov/d,p' lduitJarchiyes
http://www.colora,sLn. .v,LtipaJdoii/i1E b v_e jin1[ tltlitipailtMM./Tahle.hlnr
11. LEP Policy - Limited English Proficiency (LEP) Title VI of the Civil Rights Act prohibits discrimination
on the basis of national origin. Recipients of these funds are strongly encouraged to take reasonable
steps to provide meaningful access to their programs and activities to persons who have limited
English proficiency. A plan for access to services includes an analysis of how you identified persons
needing assistance, the importance ni the type of services you provide to their lives, the likelihood that
persons with LEP will encounter your programs, type and cost of resources available for assistance
with LEP in your area, For example, steps may include a description of identified people with LEP in
your area, how they are notified of the availability of your services, types of assistance that will be
provided, and how staff will be trained. If you need further assistance you may contact the Language
Access unit at SCAO.
Developing a written plan or policy is highly encouraged, but is not in itself a requirement. If you have
one, please provide a copy of the written plan or policy. Otherwise, please document the steps your
entity is taking to prepare a plan.
Please review the,followintl web,.iik lot. mare iiihr trrr{,inn and for atidititu.rl resmivc,u':
www lel) Oy/
j C JJr�vww,ujP.usdui.er;w1al_ooh/m rLlcp.htni
12. Employment Eligibility Verification requirements - Public Law 104-208 and 108-156, requires
companies to employ only individuals who may legally work in the United States - either U.S. citizens,
or foreign citizens who have the necessary authorization, Colorado legislation, CRS 8-17.50101 and
102, incorporates the federal requirements into state law. It is important to note that inter-
governmental agreements between state agencies, local governmental entities such as cities, counties,
9
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EXHIBIT B
STATE COURT ADMINISTRATORS OFFICE FUNDED
RESTORATIVE JUSTICE PROGRAMS
COMPLIANCE GUIDELINES
INSTRUCTIONS AND RESOURCE GUIDE
RI.SIORnrrvG ttrsrrC
� ISAI
I
towns, school districts, political sub -divisions, higher education, etc. are exempt from C -Verify
requirements. Non -governmental entities meet the requirements by either using the federal C -verify
program or by participating in the Colorado Department of Labor and Employment (CDLE), Division of
Labor Program.
F -Verify is an Internet -based system that allows entities to determine the eligibility of their employees
to work in the United States. A second option is to enroll in CDLE's program in lieu of E -Verify and
complete the "Notice of Participation in the Department Program for Public Contracts for Services"
("Notice Form") located at either of these websites:
A. Division of Labor: www.ccloradu.t.ulc41ii. J ,. or;
B. State Controller's Office:
1 I I I, / 11 ,!/_SLR!";coicon act- iTauthorizeil_.1tuirUJ;�
If your entity participates in the E -Verify program, please retain a copy of the Memorandum of
Understanding (MOU) your entity signed with the federal government in your grant file. Or, if
your entity participates in CDLE's program, please retain a copy of your Notice of Participation
Form that your entity completed and sent to CDLE to register for the program in your grant file.
Piacrle review the fol/uwiw:Iwebsife for more information andfor additional resuur'reL
Impitiwww.coluradii,buvfcs/SawIlite?(.-P:age&childp4eWarne.CDLL;_
I hi) rl:aw `;Si3Ir( 111 t.Lay oil t,crd- I ,18(1Tj. 5;4t;D.kti,h,riee[lame=Cl1LF.Wrapptr
blip://www.u_scis.r._, v/11)115/l lluicc 11 kaLudI
lull??:/ Y�'1.w �ht is.�rr�(/1uu t,1_l,!titte/�scis/nitrnul er tuj ld'h 2,r;3r hitrt).rrt c)2,,tIc fia7543 lcul laf:'vgnixtoid
75L a,"1,,e2fLI405110V itV(IM 1.00000171 ii 190;aRCRI)`v(,rr-\tc'horti Ll_-.'75bce)r:•2n1405110VguVLM UU.
0_U't71U.[9QdRCRD
13. Children's Code of Records and Information Act C.R.S.(19-11-3O1 et seq.) Sharing information with
respect to juvenile dependency or neglect under Title l9 for the acquisition, provision, oversight, or
referral of services and support with the Judicial Department or any other agency or individual that
performs duties and functions under the Colorado Children's Code with respect to such cases.
t ll, I:in,rrlci;rl (rItti.
1. Financial Systems: must reflect the expenditures and revenues of the grant funded RI program
separately from all other funds within the grant funded agency, recipient, organization or entity.
2. Policies for controls and separation of duties: must reflect internal controls including a separation
of duties, monthly financial reconciliations, dual signatures for expenditures above an express amount
$10,000 or less.
3. Grant Management: The Program Director will be held accountable to the overall grant management.
The Financial Officer and Program Director shall work together to ensure the grant funds are handled
responsibly and reported in a timely fashion.
10
rev. 6/1x;18
EXHIB
STATE COURT ADMINISTRATORS OFFICE FUNDED
RESTORATIVE JUSTICE PROGRAMS
COMPLIANCE GUIDELINES
INSTRUCTIONS AND RESOURCE GUIDE
4600 51OnnIIve WS' iee
fie. i u,1 un,nln,i
Budget: It is understood that budgets reflect the plan relative to the goals of the RI program. The
budget must adhere to the allowable categories and may only be amended by written request and
approval from SCAO when a change is $1000 or more. The SCAO funds may not in any way be co -
mingled with any other fund sources in reference to these reports, record keeping or administration. RJ
Council understands that additional funds may be used for other restorative justice practices or
services within an agency, organization or entity. However, the SCAO funds must be clearly and
separately tracked.
a. Budget Revision - General Approval
i. A letter from the Project Director signed as well by the Financial Manager must be
submitted to the RJ Coordinator requesting the Budget Revision or any structural, staff
or significant programmatic changes. It must explain the need for the change, the
amount of the budget change and an explanation of how the change will affect the RJ
Program and participants. It must include a copy of the proposed budget with new lines
addressing the budget revision.
ii. NOTE: VERBAL APPROVAL IS NOT SUFFICIENT
hi. NOTE: Changes within a Budget Category, (e.g., items within the supplies and operating
category), do not necessarily require a written modification if they are under $1000 but
the Program Director must note the changes in the master grant file and provide
explanation in the Year-end Report.
iv. NOTE: NO INDIRECT OR UNSPECIFIED EXPENDITURES WILL BE REIMBURSED.
S. Expenditures: Grant funded agency, recipient, organization or entity shall submit specified invoices,
including but not limited to the hourly rate or monthly salary of personnel paid by the grant, reflecting
expenditures in the approved categories for reimbursement on the form provided by SCAO. Actual
expenses, not budgeted expenses must be reflected on the reimbursement request. The Financial
Report and Reimbursement Request must be submitted together within twenty (20) days after the end
of each quarter for which payment is requested or expenditures have been made. Due dates for
Financial Repors and Reimbursement Requests: 20 days after the end of the calendar quarter (10/20,
1/20, 4/20 and 7/20- July reports may be submitted earlier if SCA0 requires) Payments will be made
within 30 days after receipt and approval of invoices.
b. Reimbursement and record keeping: Supporting documentation (receipts, invoices, etc.) for each
Reimbursement Request should he kept in the master grant file attached to the Reimbursement
Request for the quarter it was requested. Upon request copies of bank statements and/or credit card
statements must be available for review by SCAO reflecting the expenditures spent and
reimbursements deposited.
7, Financial Reporting:
a. Financial reports must be submitted in a timely fashion on or before the 20,1 working day of the
month immediate iy following the end of the quarter (10/20, 1/20, 4/20 and 7/20- maybe
11
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EXHIBIT B
STATE COURT ADMINISTRATORS OFFICE FUNDED
RESTORATIVE JUSTICE PROGRAMS
COMPLIANCE GUIDELINES
INSTRUCTIONS AND RESOURCE GUIDE
a,\Tlvr luCTICE
I 11 (18:100
requested earlier if SCAO requires), They should reflect the actual expenditures and any
narrative or explanations relative to expenditures.
b. The Year-end Financial report provides the final financial picture of the RJ Program at the end
of the fiscal year and includes any changes, unexpected categorical expenditures and
unexpended budget categories. Any categorical budget adjustments, changes, amendments or
other types of changes must be reported
c. Quarterly and Year -End Finn icial Report
i. Used to report program expenditures for the quarter or the Year-end respectively.
ii. Expenditures of funds must reconcile to the agency's General Ledger. If sub -ledgers are
used, a process to reconcile the sub -ledger to the General hedger must be in place.
iii. The Quarterly Reimbursement Request may contain Unpaid invoices (any unpaid
invoice(s) for the quarter or the legal commitment for goods/services not yet paid),
iv. Year-end fi
Possible Errors
Uivil1_d.lnvoices.
Reimbursement Request may not be approved for payment if:
A. Narrative/Financial reports are late or submitted incorrectly
B. Required documentation has nut been received (report must be signed)
C. Any applicable Special Conditions have not been met
With the Reimbursement Request
A. Request does not match reported expenditures for the quarter or year
S. Requesting funds in advance on an estimated basis (excessive draw down of funds)
C. Requesting funds when progress has not been made on grant activities
With Budget Revisions
A. The letter has been submitted without the required reasons for the request or signatures
B. The budget revision requested changes the program goats, this will require a Contract Amendment
C. Any changes in the program must be communicated to the state RJ Coordinator
U. Must include a narrative explaining the need for the change
12
EXHIBIT B
STATE COURT ADMINISTRATORS OFFICE FUNDED
RESTORATIVE JUSTICE PROGRAMS
COMPLIANCE GUIDELINES
INSTRUCTIONS AND RESOURCE GUIDE
l! 40 RrS rr)itArive )us rig r
(o rnicnnu
E. Request should he made at least 60 days prior to the end of the grant award period
F. All reports must be up-to-date for any change to be considered
Section III. Proyp r piatit; Compliance;
Direct Services: RJ services are provided to resolve the harm of crime or conflict that has affect victims,
offenders, their families and support people and the community, All program participants should be surveyed
post process to measure their satisfaction with the process. All offenders and harmed parties /victims willing to
participate should also receive a pre-process survey to assess their suitability for R) and to gain a sense of their
understanding of the RJ process and impact of their behavior. The RI Program must use the approved survey
provided by SCAO. All offenders considered eligible by the Program Director or the criteria of the RJ program
should he entered into the secure database (access provided by SCAO/ RJ Coordinator) and tracked throughout
their participation. Data collection points will be defined and disseminated at the beginning of the grant year.
They will be reflected in the database used by funded program to provide data reports to SCAO/RJ
Coordinator.
Client records: should he retained in a secure location electronically and/or in hard copy form. The
confidentiality of all clients and personnel should be protected by the grant funded agency. Written policies
reflecting the grant funded agency's processes and procedures protecting the confidentiality of all program
participants are highly recommended. These should be distributed to all personnel who have contact with
program participants and retained in the master grant file.
RJ Program processes and procedures: should be documents and distributed to all RJ program personnel
and updates provided as the program evolves These documents should he retained in the master grant file.
Service Providers: all service providers including contracted parties, outside agencies, volunteers, agency
personnel and any other RJ program involved parties providing any kind of service to the RI program should
he trained by qualified RJ trainers, receive regular support and debriefing from the RJ Program Director or
other qualified support staff within the funded agency. All service providers must comply with the guidelines
and agency policies. All service providers outside of those background checked by forded jnd.cial or law
enforcement agencies will need to have a background check via SCAO.
Grant Goals and Objectives: Program Director is responsible for ensuring the grant goals and objectives are
being pursued and met. Changes to the grant goals must he made in writing.
Training: If training is provided as a part of this grant an evaluation or survey of participants must be
conducted to assess usefulness of the training and quality of the trainers. The number of participants for the
training mast be included with an agenda for the training. The surveys must be retained as a part of the master
grant file. All service providers must receive appropriate training to provide RI services.
13
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