HomeMy WebLinkAbout20181819.tiffRESOLUTION
RE: APPROVE GRANT AGREEMENT FOR JUVENILE DIVERSION PROGRAM AND
AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Grant Agreement for the Juvenile
Diversion Program between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office,
and the Colorado Department of Public Safety, Division of Criminal Justice, commencing July 1,
2018, and ending June 30, 2019, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Grant Agreement for the Juvenile Diversion Program between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the 19th Judicial District Attorney's Office, and the Colorado Department of
Public Safety, Division of Criminal Justice, be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of June, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dia,„•�
Weld County Clerk to the Board
BY:
Deputy Clerk to the
APP '%V'DA
oun Attorney
Mike Freeman -
Date of signature: en -7/.7-0
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer, Pro-Tem
Joie A.
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2018-1819
DA0027
Chloe Rempel
From:
Sent:
To:
Subject:
Attachments:
Kirsta Britton
Tuesday, May 29, 2018 2:20 PM
Karla Ford; CTB
Passaround
passaround SOGA 5.29.18.doc; 2019-DV-19-30016-19WeIdCo-19thDA.pdf
Attached is the Statement of Grant Award for the DCJ Diversion grant. We need two original signatures from the signing
authority. We're requesting a pass around for the Commissioners approval to move this to a Board meeting agenda for
authority to sign and accept the funding.
Kirsta Britton
Director of Diversion
Weld County District Attorney's Office
915 10th Street
P.O. Box 1167
Greeley, CO 80632
970-356-4010 ext. 4775
1
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
RE: Division of Criminal Justice Juvenile Diversion Continuation Application
DEPARTMENT: District Attorney DATE: 5/29/18
PERSON REQUESTING: Kirsta Britton
Brief description of the problem/issue:
The DCJ Juvenile Diversion grant has funded the District Attorney's Office Juvenile Diversion Program since
2006. In order to accept the awarded grant funds, we need two original signatures from the board chair on the
Statement of Grant Award (attached).
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Please provide consent to move these items to a Board agenda for authorization for signatures.
Recommendation:
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Ls2[\\
Approve Schedule
Recommendation Work Session
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Other/Comments:
2018-1819
‘,TAoocP-7-
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2
DCJ Grant #: 2019 -DV -19-30016-19
GRANT AWARD LETTER (Intergovernmental Grant Agreement)
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
SIGNATURE AND COVER PAGE
State Agency
Department of Public Safety, Division of Criminal Justice
DCJ Grant Number
2019 -DV -19-30016-19
CMS Number
N/A
Grantee
Board of County Commissioners of Weld County dba District
Attorney's Office, 19th Judicial District
Grant Amount
State Fiscal Year 2018-19: $95,359
Total for all State Fiscal Years: S95,359
Grant Issuance Date (Start Date)
The later of July I, 2018 or the date the State Coatroller or an
authorized delegate signs this Grant Letter
Grant Expiration Date
June 30, 2019
Match Amount
State Fiscal Year 2018-19: $31,786
Total for all State Fiscal Years: $31,786
Grant Description
Funding for the Weld County District Attorney's Juvenile
Diversion Program.
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Agreement represents and warrants that he or she is duly authorized to execute this Agreement and
to bind the Party authorizing his or her signature.
GRANTEE
Board of County Commissioners of Weld County
By: Steve Moreno, Chair
Date: JUN 11 2013
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Public Safety
Stan Hilkey, Executive Director
By: Joe Thome, Director, Division of Criminal Justice
Date: (0'1 a,s11
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: Lynd J. ClellandSotufact and Grants Coordinator,
Departm of Public Safety, Division of Criminal Justice
Effective Date:
RECEIVED
JUN 222018
DCJ
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Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2
DCJ Grant #: 2019 -DV -19-30016-19
Representatives for this Grant
For the State:
For Grantee:
Joe Thome, Director
Julie Cozad
Division of Criminal Justice
County Commissioner Chair
Department of Public Safety
Weld County
700 Kipling Street, Suite 1000
1150 O Street
Denver, Colorado 80215-5897
Greeley, CO 80631-9596
Joe.Thome@state.co.us
jcozad@co.weld.co.us
TABLE OF CONTENTS
SIGNATURE AND COVER PAGE 1
1. GRANT 3
2. TERM 3
3. AUTHORITY 4
4. DEFINITIONS 4
5. PURPOSE 7
6. STATEMENT OF WORK 7
7. PAYMENTS TO GRANTEE 7
8. REPORTING - NOTIFICATION 8
9. GRANTEE RECORDS 9
10. CONFIDENTIAL INFORMATION -STATE RECORDS 9
11. CONFLICTS OF INTEREST 11
12. INSURANCE 11
13. REMEDIES 11
14. DISPUTE RESOLUTION 11
15. NOTICES AND REPRESENTATIVES 11
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 11
17. GOVERNMENTAL IMMUNITY 12
18. GENERAL PROVISIONS 12
EXHIBIT Al, SAMPLE OPTION LETTER 1
EXHIBIT A2, SAMPLE GRANT FUNDING CHANGE LETTER 2
EXHIBIT B, GRANT REQUIREMENTS 1
EXHIBIT C, SPECIAL CONDITIONS 1
EXHIBIT D, STATEMENT OF WORK 1
EXHIBIT E, BUDGET 1
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Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter
(the "State") hereby obligates and awards to Grantee shown on the first page of this Grant Award
Letter (the "Grantee") an award of Grant Funds in the amounts shown on the first page of this
Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter,
Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Grant Award Letter shall commence on the
Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter by providing Grantee with an updated Grant Award Letter showing the new Grant
Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, Federal or other funds used
for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund
this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter
in whole or in part by providing written notice to Grantee. If the State terminates this Grant
Award Letter in the public interest, the State shall pay Grantee an amount equal to the
percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed, as determined by the State,
less payments previously made. Additionally, the State, in its discretion, may reimburse
Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this
Grant Award Letter that are incurred by Grantee and are directly attributable to the
uncompleted portion of Grantee's obligations, provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This
subsection shall not apply to a termination of this Grant Award Letter by the State for breach
by Grantee.
C. Additional Terms
The State, at its discretion, shall have the option to extend the performance under this
Agreement beyond the Initial Term for a period, or for successive periods, of 1 year or less
each successive period, at newly negotiated rates deemed necessary to meet any modification
to this Agreement as provided in §18.E.
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Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
3. AUTHORITY
Authority to enter into this Grant Award Letter exists in the law as follows:
A. State Authority
i. The Division of Criminal Justice is authorized to disburse these funds by Colorado
Revised Statute 24-33.503 and 507.
ii. Authority to enter into this Grant exists in the Juvenile Diversion Program, as defined
in the Colorado Revised Statue §19-2-203.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget" means the budget for the Work described in Exhibit E, Budget.
B. "Business Day" means any day in which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1) C.R.S.
C. "CJI" means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including, without limitation, all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under §24-72-302 C.R.S.
D. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
E. "Effective Date" means the date on which this Grant Award Letter is approved and signed
by the Colorado State Controller or designee, as shown on the Signature and Cover Page for
this Grant Award Letter.
F. "Grant Award Letter" means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future updates thereto.
G. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
H. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
I. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this Grant
Award Letter.
J. "Equipment" means tangible, nonexpendable property with an acquisition cost of $5,000 or
more and a useful life of more than one year. Software, regardless of cost, is not considered
equipment.
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Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
K. "Exhibits" means the following exhibits attached to this Grant Award Letter:
i. Exhibit Al, Sample Option Letter.
ii. Exhibit A2, Sample Grant Funding Change Letter
iii. Exhibit B, Grant Requirements.
iv. Exhibit C, Special Conditions.
v. Exhibit D, Statement of Work.
vi. Exhibit E, Budget.
L. "Extension Term" means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Grant Award Letter
M. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired, produced,
or delivered by Grantee in connection with the Services.
N. "Incident" means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any State Records.
O. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Expiration Date.
P. "Matching Funds" means the funds provided Grantee as a match required to receive the
Grant Funds.
Q. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
R. "PCI" means payment card information including any data related to credit card holders'
names, credit card numbers, or the other credit card information as may be protected by state
or federal law.
S. "PII" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual's identity, such as name, social security number, date and place of birth,
mother's maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §24-72-501 C.R.S.
T. "PHI" means any protected health information, including, without limitation any information
whether oral or recorded in any form or medium: (i) that relates to the past, present or future
physical or mental condition of an individual; the provision of health care to an individual;
or the past, present or future payment for the provision of health care to an individual; and
(ii) that identifies the individual or with respect to which there is a reasonable basis to believe
the information can be used to identify the individual. PHI includes, but is not limited to, any
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Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
U. "Program" means the 2018-2019 State Juvenile Diversion grant program that provides the
funding for this Grant.
V. "Services" means the services to be performed by Grantee as set forth in this Grant Award
Letter, and shall include any services to be rendered by Grantee in connection with the Goods.
W. "State Confidential Information" means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII, PHI,
PCI, Tax Information, CJI, and State personnel records not subject to disclosure under
CORA.
X. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
Y. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
Z. "State Records" means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
AA. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub -grantees.
BB. "Subgrantee" means third -parties, if any, engaged by Grantee to aid in performance of the
Work.
CC. "Tax Information" means Federal and State of Colorado tax information including, without
limitation, Federal and State tax returns, return information, and such other tax -related
information as may be protected by Federal and State law and regulation. Tax Information
includes, but is not limited to all information defined as Federal tax information in Internal
Revenue Service Publication 1075.
DD. "Work" means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
EE. "Work Product" means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, any discovery or
invention, documents, text, software (including source code), research, reports, proposals,
specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings,
designs, models, surveys, maps, materials, ideas, concepts, know-how, sound recordings, and
any other results of the Work. "Work Product" does not include any material that was
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developed prior to the Grant Issuance Date that is used, without modification, in the
performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
5. PURPOSE
The state Juvenile Diversion purpose is to prevent further involvement of juveniles in the formal
justice system. Focusing on holding youth accountable for behavior while involving them in
programs and activities to prevent future criminal and delinquent behavior. Applications for funds
are reviewed and approved by the Juvenile Justice and Delinquency Prevention Council.
6. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit D, Statement of Work. The State shall have no liability to compensate
or reimburse Grantee for the delivery of any goods or the performance of any services that are not
specifically set forth in this Grant Award Letter.
The State may increase or decrease the quantity of goods/services described Exhibit D, Statement
of Work and Exhibit E, Budget based upon the rates established in the Grant. If the State exercises
the option, it will provide written notice to Grantee at least 15 days prior to the end of the current
grant term in a form substantially equivalent to Exhibit A, Sample Option Letter.
Delivery/performance of the goods/service shall continue at the same rates and terms. If exercised,
the provisions of the Option Letter shall become part of and be incorporated into the original grant.
7. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount for
each State Fiscal Year shown on the first page of this Grant Award Letter. Financial
obligations of the State payable after the current State Fiscal Year are contingent upon funds
for that purpose being appropriated, budgeted, and otherwise made available. The State shall
not be liable to pay or reimburse Grantee for any Work performed or expense incurred before
the Grant Issuance Date or after the Grant Expiration Date; provided, however, that Work
performed and expenses incurred by Grantee before the Grant Issuance Date that are
chargeable to an active Federal Award may be submitted for reimbursement as permitted by
the terms of the Federal Award.
B. Erroneous Payments
The State may recover, at the State's discretion, payments made to Grantee in error for any
reason, including, but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Grantee. The State may recover such payments by deduction
from subsequent payments under this Grant Award Letter, deduction from any payment due
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Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
under any other contracts, grants or agreements between the State and Grantee, or by any
other appropriate method for collecting debts owed to the State.
C. Reimbursement of Grantee Costs
The State shall reimburse Grantee's allowable costs, not exceeding the maximum total
amount described in this Grant Award Letter for all allowable costs described in this Grant
Award Letter and shown in the Budget, except that Grantee may adjust the amounts between
each line item of the Budget without formal modification to this Agreement as long as the
Grantee provides notice to the State of the change, the change does not modify the total
maximum amount of this Grant Award Letter or the maximum amount for any state fiscal
year, and the change does not modify any requirements of the Work. The State shall only
reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the
Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee
(i.e. the price paid minus any items of value received by Grantee that reduce the cost actually
incurred).
D. Close -Out.
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete
close out, Grantee shall submit to the State all deliverables (including documentation) as
defined in this Grant Award Letter and Grantee's final reimbursement request or invoice. The
State will withhold 5% of allowable costs until all final documentation has been submitted
and accepted by the State as substantially complete.
E. Matching Funds.
Grantee shall provide the Match Amount shown on the first page of this Grant Award Letter
and described in Exhibit E, Budget. Grantee shall appropriate and allocate all Match
Amounts to the purpose of this Grant Award Letter each fiscal year prior to accepting any
Grant Funds for that fiscal year. Grantee does not by accepting this Grant Award Letter
irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant
Award Letter is not intended to create a multiple -fiscal year debt of Grantee. Grantee shall
not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any
nature, except as required by Grantee's laws or policies.
8. REPORTING - NOTIFICATION
A. Quarterly Reports.
In addition to any Exhibit, for any Agreement having a term longer than 3 months, Grantee
shall submit, on a quarterly basis, a written report specifying progress made for each specified
performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall
be submitted to the State not later than 15 Days following the end of each calendar quarter or
at such time as otherwise specified by the State. If the 15th does not fall on a Business Day,
the report is due the following Business Day.
DCJ requires the submission of a Quarterly Financial Report and Quarterly Narrative
(Programmatic) Report.
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Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
B. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out described in §7.D, containing an evaluation and review of Grantee's
performance and the final status of Grantee's obligations hereunder.
DCJ requires the submission of a Final Financial Report only if the last Quarterly Financial
Report did not reflect all expenditures. A Final Narrative (Programmatic) Report is required
for this Grant Award Letter.
C. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting the
Award. The State may impose any penalties for noncompliance allowed under 2 CFR Part
180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment.
9. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three (3) years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
all such records during normal business hours at Grantee's office or place of business, unless
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Grant Award
Letter using procedures as determined by the State. The State shall monitor Grantee's
performance in a manner that does not unduly interfere with Grantee's performance of the
Work.
C. Final Audit Report
Grantee shall promptly submit to the State a copy of the Grantee Agency's final audit report
in accordance with Exhibit B, Grant Requirements §1.
10. CONFIDENTIAL INFORMATION -STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee's own benefit, publish, copy,
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this Grant
Award Letter. Grantee shall provide for the security of all State Confidential Information in
accordance with all policies promulgated by the Colorado Office of Information Security and
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Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
all applicable laws, rules, policies, publications, and guidelines including, without limitation:
(i) the most recently promulgated IRS Publication 1075 for all Tax Information, (ii) the most
recently updated PCI Data Security Standard from the PCI Security Standards Council for all
PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau
of Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv)
the federal Health Insurance Portability and Accountability Act for all PHI. Grantee shall
immediately forward any request or demand for State Records to the State's principal
representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees,
assigns, and Subcontractors sign nondisclosure agreements with provisions at least as
protective as those in this Grant, and that the nondisclosure agreements are in force at all
times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
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Grantee: District Attorney's Office, 19th Judicial District
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11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State's interests and absent the State's prior written approval, Grantee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee's obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's consideration.
12. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
13. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails
to comply with any term or condition of this Grant, the State may terminate some or all of this
Grant and require Grantee to repay any or all Grant funds to the State in the State's sole discretion.
The State may also terminate this Grant Award Letter at any time if the State has determined, in
its sole discretion, that Grantee has ceased performing the Work without intent to resume
performance, prior to the completion of the Work.
14. DISPUTE RESOLUTION
Except as herein specifically provided, disputes concerning the performance of this Grant that
cannot be resolved by the designated Party representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager or official
designated by Grantee for resolution.
15. NOTICES AND REPRESENTATIVES
Each individual identified on page 2, "Representatives for this Grant" shall be the principal
representative of the other Party. All notices required or permitted to be given under this Grant
Award Letter shall be in writing, and shall be delivered either in hard copy or by email to the
representative of the other Party. Either Party may change its principal representative or principal
representative contact information by notice submitted in accordance with this §15.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
The exception to this §16 is Work Products that contain criminal justice records where each
individual unit or agency will be subject to the rules and regulations.
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
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Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
i. State Right to Use
The State has the right to use, duplicate and disclose, the above material in whole or in
part in any manner for any purpose whatsoever and authorize others to do so.
17. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials shall
be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. Pt.
VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et
seq. C.R.S. No term or condition of this Grant Award Letter shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, or protections of any of these
provisions.
18. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee's rights and
obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Subcontracts and Subgrants
Grantee shall not enter into any subgrant or subcontract in connection with its obligations
under this Agreement without the prior, written approval of the State. Grantee shall submit
to the State a copy of each such subgrant or subcontract upon request by the State. All
subgrants and subcontracts entered into by Grantee in connection with this Agreement shall
comply with all applicable state laws and regulations, shall provide that they are governed by
the laws of the State of Colorado, and shall be subject to all provisions of this Agreement.
C. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits
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Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
D. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to the
Work, oral or written, are merged into this Grant Award Letter.
E. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant
Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of
the updated letter. The Parties may also agree to modification of the terms and conditions of
the Grant in a formal amendment to this Grant, properly executed and approved in accordance
with applicable Colorado State law and State Fiscal Rules. Modifications permitted under
this Agreement, other than Agreement amendments, shall conform to the policies issued by
the Colorado State Controller.
The State may, at the State's discretion, use an Option Letter substantially equivalent
to Exhibit Al, Sample Option Letter to modify the grant terms. If exercised, the
provisions of the Option Letter shall become part of and be incorporated into the
original grant. An Option Letter may be used to perform the following grant actions:
a. Extend the term of the grant, at the same rates stated in this Agreement.
b. Increase or decrease the quantity of services of the grant, either at the same rates
stated in this Agreement or at modified rates outlined in the Option Letter.
c. Prior to the grant expiration date listed on the cover page, the Division of Criminal
Justice (DCJ) may, after discussions with the Grantee, redistribute unexpended
grant award funds for additional work to further overall project goals. The
reduction or addition of grant funds will be exercised in the form of an Option
Letter.
ii. The State may, at the State's discretion, use a Grant Funding Change Letter
substantially equivalent to Exhibit A2, Sample Grant Funding Change Letter to
increase or decrease the amount of grant funds. If exercised, the provisions of the Grant
Funding Change Letter shall become part of and be incorporated into the original grant.
F. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply
with all applicable Federal and State laws, rules, and regulations in effect or hereafter
Page 13 of 14
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Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
G. Order of Precedence
In the event of a conflict or inconsistency between this Grant Award Letter and any Exhibits
or attachment, such conflict or inconsistency shall be resolved by reference to the documents
in the following order of priority:
i. Exhibit C, Special Conditions.
ii. The provisions of the other sections of the main body of this Agreement.
iii. Exhibit B, Grant Requirements.
iv. Exhibit D, Statement of Work.
v. Exhibit E, Budget.
H. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant.
I. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the Grant
and shall be enforceable by the other Party.
J. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties. Any services or benefits which third parties receive as a result of this
Grant are incidental to the Grant, and do not create any rights for such third parties.
K. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Grant Award
Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any
single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
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Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2
DCJ Grant #: 2019 -DV -19-30016-19
EXHIBIT Al, SAMPLE OPTION LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of the Original Contract
Current Agreement Maximum Amount
Initial Term
State Fiscal Year 20xx $0.00
Extension Terms
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
Option Agreement Number
Insert CMS number or Other Contract Number of this Option
Agreement Performance Beginning Date
The later of the Effective Date or Month Day, Year
Current Agreement Expiration Date
Month Day, Year
1.
OPTIONS:
A. Option to extend for an Extension Term
B. Option to change the quantity of Goods under the Agreement
C. Option to change the quantity of Services under the Agreement
D. Option to modify Agreement rates
E. Option to initiate next phase of the Agreement
2. REQUIRED PROVISIONS:
F. For use with Option 1(A): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current
Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended.
G. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the
rates stated in the Original Agreement, as amended.
H. For use with Option 1(D): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter.
The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option
Effective Date of this Option Letter.
I. For use with Option 1(E): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert
start date and end on Insert ending date at the cost/price specified in Section Number.
J. For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount
table on the Agreement's Signature and Cover Page is hereby deleted and replaced with the Current Agreement
Maximum Amount table shown above.
3. OPTION EFFECTIVE DATE:
K. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later.
STATE OF COLORADO
John W. Hickenlooper, Governor
INSERT -Name of Agency or IHE
INSERT -Name & Title of Head of Agency or IHE
By: Name & Title of Person Signing for Agency or IHE
Date:
In accordance with §24-30-202 C.R.S., this Option is not valid
until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Name of Agency or IHE Delegate -Please delete if contract
will be routed to OSC for approval
Option Effective Date:
Exhibit A Page 1 of 2
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2
DCJ Grant #: 2019 -DV -19-30016-19
EXHIBIT A2, SAMPLE GRANT FUNDING CHANGE LETTER
State Agency
Colorado Department of Public Safety
Original Grant Number
DCJ Grant Number: Insert DCJ grant number
CMS Number: Insert CMS number if applicable or NA
Grantee
Insert Grantee's Full Legal Name, including "Inc.", "LLC",
etc...- This must match original contract
Change Letter CMS Number
Insert Change Letter CMS number or NAlnsert CMS
number or Other Contract Number of the Original Contract
Current Grant Maximum Amount
Initial Term
State Fiscal Year 20xx $0.00
Extension Terms
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
Grant Performance Beginning Date
Insert Original Begin Date- Month Day, Year
Current Grant Expiration Date
Month Day, Year
Grantee Match Requirement $0.00
1, GRANT FUNDING CHANGE
In accordance with §Insert Section Number of the Original Grant referenced above, the State Agency listed above
commits the following funds to the grant:
A. The funding available for State Fiscal Year 20xx is Increased/Decreased by $Amount of Change, because Insert
Reason For Change.
B. The total funding avail for all State Fiscal Years as of the effective date of this Grant Funding Change Letter is
shown as the current contract maximum above.
2, TERMINOLOGY
All terminology used in this Grant Funding Change Letter shall be interpreted in accordance with the Original Grant
referenced above.
3, NO ORDER FOR WORK
This Grant Funding Change Letter modifies the available funding only and does not constitute an order or authorization
for any specific services or goods under the Grant.
4. GRANT FUNDING CHANGE LETTER EFFECTIVE DATE:
The effective date of this Grant Funding Change Letter is upon approval of the State Controller or , whichever
is later.
STATE OF COLORADO
John W. Hickenlooper, Governor
Colorado Department of Public Safety
Stan Hilkey, Executive Director
Date:
By: Joe Thome, Director, Division of Criminal Justice
In accordance with §24-30-202 C.R.S., this Option is not
valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Lyndsay J. Clelland, Colorado Department of Public Safety,
Division of Criminal Justice, Contracts and Grants
Coordinator
Grant Funding Change Letter Effective
Date:
Exhibit A
Page 2 of 2
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
EXHIBIT B, GRANT REQUIREMENTS
The following terms as used herein shall be construed and interpreted as follows:
1. AUDIT REQUIREMENTS
A. Due Date:
i. Project Start:
The Grantee must submit the most recent audit or financial review, including the
corresponding management letter, to DCJ within thirty (30) days of request; and, if the
most recent audit/financial review has not already been submitted to DCJ, it must be
submitted within thirty (30) days of the start of this project.
ii. Project End:
The Grantee assures that it will procure an audit or financial review, incorporating this
grant award, by an independent Certified Public Accountant (CPA), licensed to practice
in Colorado. The audit or financial review incorporating this grant award must be
completed and received by DCJ within nine (9) months of the end of the fiscal years that
includes the end date of the grant, or within thirty (30) days of the completion of such
audit or review, whichever is earlier.
B. Report/Audit Type:
i. If your entity expended $750,000 or more in Federal funds (from all sources including
pass -through subawards) in your organization's fiscal year (12 -month turnaround
reporting period), your organization is required to arrange for a single organization -wide
audit conducted in accordance with the provisions of Title 2 C.F.R. Subpart F (§ 200.500
et seq.)
ii. If your entity expends less than $750,000 in Federal funds (from all sources including
pass -through subawards) in your organization's fiscal year (12 -month turnaround
reporting period), your organization is required to arrange for either an audit or financial
review as follows:
a) Grantees that have revenue greater than $300,000 from all sources during the entity's
fiscal year are required by DCJ to obtain a financial audit
b) Grantees that have revenue less than $300,000 from all sources during the entity's
fiscal year are required by DCJ to obtain a financial audit or financial review. A
compilation is not sufficient to satisfy this requirement.
C. Report/Audit Costs:
The Grantee accepts responsibility for the costs of a financial program audit to be performed by the
Department of Public Safety in the event that the audit report or financial review:
i. does not meet the applicable federal audit or DCJ standards;
ii. is not submitted in a timely manner; or,
iii. does not provide an audit response plan with corresponding corrections made sufficient
to satisfy any audit findings.
Exhibit B Page 1 of 2
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
D. Failure to Comply:
The grantee understands and agrees that DCJ or the federal awarding office (DOJ) may withhold
award funds, or may impose other related requirements, if the grantee does not satisfactorily and
promptly address outstanding issues from audits required by Part 200 Uniform Requirements, by
the terms of this award, by the current addition of the DOJ Grants Financial Guide, or other
outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
2. FINANCIAL AND ADMINISTRATIVE MANAGEMENT
A. The Grantee assures that fund accounting, auditing, monitoring, evaluation procedures and such
records as necessary will be maintained to assure adequate internal fiscal controls, proper
financial management, efficient disbursement of funds received, and maintenance of required
source documentation for all costs incurred. These principles must be applied for all costs
incurred whether charged on a direct or indirect basis.
B. All expenditures must be supported by appropriate source documentation. Only actual, approved,
allowable expenditures will be permitted.
C. The Grantee assures that it will comply with the applicable Administrative Guide of the Division
of Criminal Justice (Guide), located at http://dcj.state.co.us/home/grants. However, such a guide
cannot cover every foreseeable contingency, and the Grantee is ultimately responsible for
compliance with applicable state and federal laws, rules and regulations. In the event of conflicts
or inconsistencies between the Guide and any applicable state and federal laws, rules and
regulations, such conflicts or inconsistencies shall be resolved by applicable state and federal
laws, rules and regulations.
3. PROCUREMENT AND CONTRACTS
A. Grantee assures that open, competitive procurement procedures will be followed for all
purchases under the grant. All contracts for professional services, of any amount, and equipment
purchases over five thousand dollars (per item, with a useful life of at least one year) must
receive prior approval by the DCJ. Grantee shall submit Form 16 — Professional
Services/Consultant Certification and/or Form 13 — Equipment Procurement Certification Form.
B. Grantee may not assign its rights or duties under this grant without the prior written consent of
the DCJ.
4. AWARD CHANGE REQUESTS
Grantee may request budget modifications by submitting a request to DCJ. DCJ reserves the right to
make and authorize modifications, adjustments, and/or revisions to the Grant Award Letter for the
purpose of making changes in budget categories, extensions of grant award dates, changes in goals and
objectives, and other modifications as described in §2.C and §18.E in the body of the Grant Award
Letter.
Exhibit B Page 2 of 2
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
EXHIBIT C, SPECIAL CONDITIONS
The following program specific requirements are imposed by the State sponsoring agency concerning
special requirements of law, program requirements, and other administrative requirements. These
requirements apply to this Agreement and must be passed on to subgrant award recipients.
The following Special Conditions documents, if checked, are incorporated herein. These documents
are located on the DCJ Grants website and may also be obtained from DCJ upon request.
2019 State Juvenile Diversion Funds Special Conditions
Exhibit C Page 1 of I
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
EXHIBIT D, STATEMENT OF WORK
Project Summary:
The Weld County District Attorney's Juvenile Diversion Program works to divert first-time, non-
violent juvenile offenders from the traditional court system into restorative programming to address the
juvenile's needs and community safety; repairing the harm caused and encouraging their future
endeavors. Approximately 150 juveniles aged 10-17, who face a first time criminal case will be served
at a cost to the state of approximately $704 per person.
Project Description:
A.) The Weld County District Attorney's Office Juvenile Diversion Program seeks to match first-time
offenders with the appropriate level of services upon their first contact with law enforcement. The
program philosophy is that providing the proper services as soon as possible will best address a
juveniles needs and therefore, be a preventative measure in eliminating future law violations.
Through understanding the juvenile and the communities' needs, not all juveniles are appropriate for
the low level of supervision that Diversion provides; therefore, the program does not accept all
juveniles referred to the program. Diversion sanctions strive to repair the harm done to the juveniles'
community, including their school, neighborhood, trust with parents or guardians, and the victim.
Diversion participants receive case management and appropriate referrals to community -based
programs, which could include Restorative Justice. The Model Programs Guide recommends basic
case management and restorative justice principles for this population.
B.) The Weld County District Attorney's Office Diversion program is a pre -file Diversion program
with referrals coming from the Juvenile Unit of the District Attorney's Office. Cases are staffed at
intake and determined who will be offered Diversion. Cases determined eligible complete a Diversion
intake, case management, and referrals to community based agencies. After successful termination,
the case goes into a No File status in the CDAC database Action Viewer. Cases that are filed at intake
and are later determined to be Diversion eligible can still be referred. These cases are dismissed upon
intake to the Diversion program. The number of cases handled post -file and dismissed for Diversion
are increasing significantly as players in the courtroom are better versed in Diversion.
C.) At Diversion intake, juveniles complete intake paperwork, the MAYSI II and an intake interview.
The AUDIT (Alcohol Use Disorder Identification Test) and CUDIT (Cannabis Use Identification Test)
are used to gain more information on use patterns, when indicated. The intake paperwork and
interview are designed to determine suitability for service options, the level of case management
needed, and what referrals might be appropriate. The MAYSI II affirms the need for treatment, and
which type of treatment, will be included in the Diversion contract and referrals. Substance and mental
health treatment are referred to outside agents who complete a further assessment.
While the MAYSI II and supplemental substance screens have been incredibly helpful in making
mental health and substance referrals, the grantee desired an additional risk level screening tool.
During the Center for Juvenile Justice Reform (CJJR) Juvenile Diversion Certificate Program, the
Arizona Risk/Needs Assessment Instrument was presented as a part of training. While little further
information has been found, despite reaching out to people in Arizona with assistance from DCJ, this
tool really fit the exact need that the grantee had to internally quantify the risk level of the juveniles
served. Using the results of the MAYSI and Arizona tool, a matrix was established to determine risk
Exhibit D Page 1 of 5
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
and need level. As the grantee has been determining whether or not to expand eligibility, these tools
have been helpful in referencing where juveniles scored on these screening tools and their ultimate
outcomes.
D.) All first time offenders aged 10-17 will be considered for diversion services. Violent, drug related,
or sex offenses are not eligible. Juveniles with active gang affiliation are not eligible for services.
Additionally, all cases that range from a petty offense to a class 3 felony are assessed for a referral to
Restorative Justice programming.
E.) Services provided are consistent with the findings of effective programs through the on -going DCJ
Diversion evaluation conducted by OMNI. Standardized screenings are used to evaluate the juvenile
and their family systems. An agreement is made based on these results. Appropriate referrals are
made to a wide network of community -based services which can include evidence based programs
such as Multi -Systemic therapy and Restorative Justice Conferencing. Many aspects of the program
follow the 8 Principles for Effective Interventions when appropriate, specifically when addressing the
Target Interventions. Services are provided to this low -risk level cohort for a minimum of three
months. All participants receive case management, in varying degrees according to participant needs.
The current goal will be to divert 150 juveniles from traditional prosecution per year. This is done at a
cost of approximately $640 per juvenile per year. Steps that Diversion program staff take to aide a
juvenile case through the Diversion program include reviewing cases for acceptance, administration of
mental health and substance abuse screens, creation of a Diversion contract with a clear understanding
that contract items must be completed, maintaining records in CDAC and ETO databases, case
management, screening and submitting referrals for treatment needs or referral to Restorative Justice
conferencing, supervision and monitoring for compliance, and collecting and reporting data. If those
juveniles were to go through the traditional judicial process requiring the time of judges, court
personnel and probation officers, the cost to serve those juveniles would be significantly higher.
F.) In 2013, Weld County was named as a pilot project site in HB 13-1254. This pilot project
evaluated 4 sites statewide as they used Restorative Justice Conferencing as a component of Diversion.
The DA's Office Diversion program has an MOU with a local non-profit program, Youth and Family
Connections, to offer RJ conferences to Diversion participants and reports on such to the Colorado
Restorative Justice Council. Current offerings by this agency include Conference Circles, ReStore
shoplifting conferences, and substance use group conferences. Some funding for diversion program
administration is provided by State RJ Council funds. Restorative Justice is wholly integrated within
our processes at this point.
G.) The structure of the Weld County Diversion program was built intentionally so that Diversion is
the least restrictive level of supervision for a juvenile who has committed a criminal offense.
Diversion follows the trends of the local probation department and educates prosecutors offering pleas
to ensure that Diversion remains the least restrictive option. If a juvenile were to be non -compliant
with their agreement, a meeting will be held where additional sanctions will be assigned. Frequently
parents have been consulted first and parents and the case manager work to help the juvenile come up
with their own graduated sanctions. If a new law violation has been committed or if despite efforts the
juvenile is still non -compliant, the case will be filed with the court and traditional prosecution ensues.
As a matter of graduated sanctions, the juvenile is required to proceed through the court process and
face the consequences of their initial criminal behavior and the issue of non-compliance with the
diversion program.
Exhibit D Page 2 of 5
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
H.) Successful completion of the agreements are determined by the juvenile having provided proof that
the conditions have been complied with during the expected time frames with no new law violations
resulting in a delinquency filing. Upon verification of successful completion, the case receives "no
file" status in the Colorado District Attorneys' Council database Action, noting completion of the
Diversion Program as an explanation for why charges are not filed. Cases that do not successfully
complete sanctions or where a new law violation occurs are filed with the Court and are prosecuted
accordingly.
Target Population:
Number of Juveniles Targeted to be Served
Males - White / Caucasian
33
Females- White / Caucasian
33
Males - Black / African American
1
Females- Black / African American
1
Males - Hispanic / Latino
26
Females- Hispanic / Latino
50
Males - Asian
0
Females- Asian
0
Males - American Indian / Alaskan Native
0
Females- American Indian / Alaskan Native
0
Males - Nat. Hawaiian / Pacific Islander
0
Females- Nat. Hawaiian / Pacific Islander
0
Males - Mixed Race
0
Females - Mixed Race
0
Males - Other / Unknown
3
Females- Other / Unknown
3
Total
150
Level of Juvenile Justice Involvement : First Time Offenders
Age Range of Target Population: 10-17
Percent of Total to be Served with Limited English Proficiency: 25%
Goals & Objectives / Quality Assurance Plan
GOAL 1
Goal:
Objective 1.1
Objective:
Outcome:
Reduce the number of juvenile delinquency filings/cases by successfully diverting juveniles from the
traditional justice system.
Interview juveniles referred to Diversion, screen using the MAYSI II, deliver appropriate sanctions and
referrals, and provide case management for Diversion clients.
150 youth will be served; 100% of consenting youth will be screened with the MAYSI II, 30% will be
referred for a formalized assessment, 75% of youth will receive services to which they are referred, 80%
Exhibit D Page 3 of 5
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -19-30016-19
Measurement:
Timeframe:
GOAL 2
Goal:
Objective 2.1
Objective:
Outcome:
Measurement:
Timeframe:
of youth will complete their agreement, fewer than 15% of youth will reoffend within one year of
program completion.
ETO Database, Excel Spreadsheet and client record, CDAC Action database and Colorado Courts Data
Access database.
By June 30, 2019
Divert juveniles charged with sexting offenses per FIB 17-1302.
All juveniles will complete the MAYSI-II at intake in order to determine appropriate referrals.
75% of sexting related cases will complete appropriate referrals.
CDAC Action database and Diversion files.
By June 30, 2019
Quality Assurance Plan
1) Collecting data for required outcome measures is seamless for the program at this point. Juveniles and parents
complete separate intake paperwork prior to their Diversion intake interview. Data collection points are included within
this paperwork. If questions are left blank (or assistance with written paperwork is needed), the case manager addresses
the questions verbally and notates the responses. Once a juvenile is accepted, the case manager compiles paperwork and
scans it into the paperless case file. The information is forwarded to the Diversion Director who updates an excel
spreadsheet and the ETO database. Included in the excel spreadsheet are cells with the ETO identification number and a
column to notate that an intake survey and exit survey was completed. Both case manager and director access this data at
different points, which ensures that the necessary actions have occurred at each stage. Together, they refer to the data,
both in the excel spreadsheet and ETO, to make programmatic decisions and to determine efficacy of certain aspects of
the program. The ETO database provides aggregate information on data that would otherwise require cumbersome hand
counts, making data tracking and analytics less time consuming and more accessible. Historical data informs goals and
outcome measures set for each grant cycle.
2) The Weld County DA's Office is as paperless as possible. All cases are initiated electronically and stored in the
CDAC Action database. Each individual case has a documents section. Within the documents section is a Diversion tab.
Families complete paper forms which are scanned into a working file maintained on the DA server and also saved to the
Diversion tab in the Action database. The Director enters specified information into ETO for storage as well. Though the
office has been paperless for some time, the Diversion program was slow to give up paper files altogether. Paper files of
terminated cases are stored in Weld County Storage and are accessible if needed. As of September 2016, no paper
Diversion files are maintained. Electronic files are accessed as each stage of work indicates.
3) Much work has been done on ensuring that the post survey is completed. Because of a low matched survey rate in the
past, formalizing a process for post -survey completion was a goal for a prior fiscal year. If a family consents to the
juvenile taking the pre -survey, and the juvenile completes the pre -survey, then it is included in the Diversion agreement
that the juvenile is responsible for a post -survey, as long as they don't revoke their consent to participate. If they still
agree to participate, they need to complete the survey prior to the case being terminated. Once they complete the survey,
they sign a statement saying that they completed the survey on that date. The case manager gives the survey to the
director who notates in the excel database that the survey has been completed and then puts it in the envelope to send to
OMNI. This process takes a fair amount of time. The addition of funds for a case manager in 2014 meant that our
matched survey rate increased substantially and was at 84% as of August 2016. It is still a struggle to get completed post
surveys for families who live a far distance from Greeley. Grantee has worked with OMNI and has been able to mail
surveys to families with postage paid envelopes but completion of those surveys is low. The case manager spends a fair
amount of time on completion of post -surveys.
Exhibit D Page 4 of 5
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2 DCJ Grant #: 2019 -DV -I9-30016-19
4) The first form presented to families is the OMNI form consenting to participate in the survey process. It is clearly
explained to parents that they do not need to complete the survey in order to participate in Diversion. The OMNI form is
utilized as it can best address the requirements. An issue worked through with OMNI was including on the Diversion
agreement that the juvenile would complete the post -survey, as that could indicate a lack of consent once it becomes a
requirement. It's a fine line to let someone know that they can revoke their consent, but to stress the importance of
completing the survey.
5) Prior to 2014, when additional funding was provided by DCJ to hire a case manager, the program absolutely did not
have the capacity to complete all of the requirements. Now that the program is sufficiently staffed, they are able to
participate in all requirements and recognize the great value given by participating in the evaluation and having ready
access to data and information that we would not otherwise have. Now, the only barrier is the difficulties of having
families make an extra trip to the office to complete the survey.
6) Very simply, youth who re -offend during programming are marked in red in the excel spreadsheet with notes
regarding what offense occurred and what date the Diversion case was returned to the Deputy District Attorneys for the
filing of charges with the Court. Because the program occurs at the pre -file stage, a new offense means that the juvenile
has 2 filings where they previously had none. This information is notated in ETO and marked as an unsuccessful
termination as a result of a new filing. Post -surveys on these cases can be difficult and none of the juveniles who fall in
this category have yet agreed to come to the office to take a post -survey, though that is data that the program desires to
obtain.
Exhibit D Page 5 of 5
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2
DCJ Grant #: 2019 -DV -19-30016-19
EXHIBIT E, BUDGET
Personnel
Supplies & Operating
Travel
Consultants / Contracts
Indirect
Total
Grant Funds
$ 93,934
$ 150
$ 525
$ 750
$0
$ 95,359
Cash Match In -Kind Match Total Project Total
Match
$ 31,311 $ 0 $ 31,311 $ 125,245
$50 $0 $50 $200
$ 175 $0 $ 175 $700
$ 250 $ 0 $ 250 $ 1,000
$0 $0 $0 $0
$ 31,786 $ 0 $ 31,786 $ 127,145
Percent
Match
24.63 %
0.04 %
0.14 %
0.20 %
0%
25 "A0
Personnel: Budget & Budget Narrative Details
Position Title and Annual Base Annual Base °A0 To Be Annual
Name Salary Salary To Be Paid Paid By Fringe
By Grant Funds Grant
Funds
Annual % To Total Total Base Cash
Fringe To Be Paid Annual Salary + Match
Be Paid By By Base Salary Fringe To Be
Grant Grant + Fringe Paid By
Funds Funds Grant Funds
In- Total Match
Kind Committed
Match to this
Project
Director of
Diversion, Kirsta
Britton
Budget
Narrative and
Justification:
$ 81,219 $ 36,549
45 % $ 34,624 $ 3,923 11.33 %$ 115,843 $ 40,472 $ 13,490 $ 0 $ 13,490
60% of time is spent on this project, 34.9% is being requested and 18% of the total salary will be provided as cash match. Salary is based on the
Counties scheduled pay scale and representative of 12 years program experience. Fringe is calculated by using the following percentage of the
salary: Social Security 7.65%, Unemployment Compensation .09%, workers compensation insurance premium .08%, retirement and savings
plan payments 10.75%, life insurance and accidental death and dismemberment .575%, health insurance premium 11.8%, short and long term
disability .5375%, vacation 4.61%, holiday 4.25% and sick time 2.30% for a total of approximately 42.6%. An estimated 3% cost of living
increase will likely occur January 2019 and is factored into requested amounts. This increase will be for all County employee salaries. The
current estimated pay rate for a similar local Director position is a base salary near $95,000 plus fringe. A salary survey in 2016 shows the salary
is less than other Diversion Directors in District Attorney's Offices. This position does all administration, supervision, collaboration, and
evaluation efforts for Diversion and is a member of the DA's Office management team.
60% of time is spent on this project, 34.9% is being requested and 18% of the total salary will be provided as cash match. Salary is based on the
Counties scheduled pay scale and representative of 12 years program experience. Fringe is calculated by using the following percentage of the
salary: Social Security 7.65%, Unemployment Compensation .09%, workers compensation insurance premium .08%, retirement and savings
plan payments 10.75%, life insurance and accidental death and dismemberment .575%, health insurance premium 11.8%, short and long term
disability .5375%, vacation 4.61%, holiday 4.25% and sick time 2.30% for a total of approximately 42.6%. An estimated 3% cost of living
increase will likely occur January 2019 and is factored into requested amounts. This increase will be for all County employee salaries. The
current estimated pay rate for a similar local Director position is a base salary near $95,000 plus fringe. A salary survey in 2016 shows the salary
is less than other Diversion Directors in District Attorney's Offices. This position does all administration, supervision, collaboration, and
evaluation efforts for Diversion and is a member of the DA's Office management team.
Match Budget
Narrative and
Justification:
Exhibit E Page 1 of 3
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2
DCJ Grant #: 2019 -DV -19-30016-19
Position Title and Annual Base Annual Base % To Be Annual Annual % To Total Total Base Cash In- Total Match
Name Salary Salary To Be Paid Paid By Fringe Fringe To Be Paid Annual Salary + Match Kind Committed
By Grant Funds Grant Be Paid By By Base Salary Fringe To Be Match to this
Funds Grant Grant + Fringe Paid By Project
Funds Funds Grant Funds
Case Manager,
$ 49,977 $ 37,483 75 % $ 21,305 $ 15,979 75 % $ 71,282 $ 53,462 $ 17,821 $ 0 $ 17,821
Erica Barraza
Budget
The amount requested will fund 75% of the Case manager salary and 25% will be provided as cash match. Salary is based on the Counties
Narrative and
scheduled pay scale and is commensurate with experience. Fringe is calculated by using the following percentage of the salary: Social Security
Justification:
7.65%, Unemployment Compensation .09%, workers compensation insurance premium .08%, retirement and savings plan payments 10.75%,
life insurance and accidental death and dismemberment .575%, health insurance premium 11.8%, short and long term disability .5375%,
vacation 4.61%, holiday 4.25% and sick time 2.30% for a total of approximately 42.6%. An estimated 3% cost of living increase will likely
occur January 2019 and is factored into requested amounts. This increase will be for all County employee salaries. The case manager salary was
set after reviewing the pay rates of similar positions in the County and is also reflective of rates of pay for other Diversion counselors in the
state, per the 2016 salary survey. Complete job descriptions are attached as required.
Match Budget
The amount requested will fund 75% of the Case manager salary and 25% will be provided as cash match. Salary is based on the Counties
Narrative and
scheduled pay scale and is commensurate with experience. Fringe is calculated by using the following percentage of the salary: Social Security
Justification:
7.65%, Unemployment Compensation .09%, workers compensation insurance premium .08%, retirement and savings plan payments 10.75%,
life insurance and accidental death and dismemberment .575%, health insurance premium 11.8%, short and long term disability .5375%,
vacation 4.61%, holiday 4.25% and sick time 2.30% for a total of approximately 42.6%. An estimated 3% cost of living increase will likely
occur January 2019 and is factored into requested amounts. This increase will be for all County employee salaries. The case manager salary was
set after reviewing the pay rates of similar positions in the County and is also reflective of rates of pay for other Diversion counselors in the
state, per the 2016 salary survey. Complete job descriptions are attached as required.
Total
$131,196 $ 74,032 56 % $ 55,929 $19,902 36 % $187,125 $ 93,934 $ 31,311 $ 0 $ 31,311
Non -Personnel: Budget & Budget Narrative Details
Budget Item
SUPPLIES & OPERATING
Office supplies $150
Supplies & $150
Operating Total
Budget Narrative and Justification
Line items to include office supplies are estimated to
cost $200, which is a decreased amount based on the
office moving to a paperless system. Items to be
purchased will include receipt books ($35/year),
business cards ($30/year), calendars/planners
($35/year), dividers, paper, envelopes, and other
general office supplies (pens, paperclips, post -its,
tablets, etc) to be replenished at a rate of
approximately $8.33/month, registration fees for
training, and if needed, school supplies for the
juveniles participating in the program. This cost
estimate is based on the annual historical cost for
these items.
Cash
Match
In -kind
Match
Match Narrative and Justification
$50 Line items to include office supplies are estimated to
cost $200, which is a decreased amount based on the
office moving to a paperless system. Items to be
purchased will include receipt books ($35/year),
business cards ($30/year), calendars/planners
($35/year), dividers, paper, envelopes, and other
general office supplies (pens, paperclips, post -its,
tablets, etc) to be replenished at a rate of
approximately $8.33/month, registration fees for
training, and if needed, school supplies for the
juveniles participating in the program. This cost
estimate is based on the annual historical cost for these
items.
$50
Exhibit E Page 2 of 3
Grantee: District Attorney's Office, 19th Judicial District
Project: Weld County Juvenile Diversion Program -Year 2
DCJ Grant #: 2019 -DV -19-30016-19
Budget
Item
Budget
Narrative and Justification
Cash
Match
In
Match
-kind
Match
Narrative and
Justification
TRAVEL
In -state travel $ 525 Anticipated travel
costs include
at
least three trips to $ 175
Anticipated travel
costs include
at least
three
trips
to
Denver for administrative meetings or trainings with
Denver for administrative
meetings or trainings with
DCJ. Trainings are only
attended when
fiscally
DCJ.
Trainings are only
attended
when
fiscally
prudent.
prudent.
Based
on historical
actual
costs, mileage
is Based
on historical
actual
costs, mileage is estimated at
estimated at the Weld
County reimbursement rate the Weld
County reimbursement
rate of1,296.30
miles
of1,296.30 miles at $.54/mile.
It is estimated
that
at $.54/mile. It is estimated that mileage
and
associated
mileage
and
associated training and
service costs will training and
service costs will
be $700.00, which
is
be $700.00, which
pace to use in
the
17-18
is
slightly
fiscal
less than
year.
grantee is on
slightly
fiscal
less than grantee
year.
is on pace to use in the
17-18
Travel
Total
$ 525 $
175
CONSULTANTS/CONTRACTS
(PROFESSIONAL
SERVICES)
OMNI
$ 750
to
It is not anticipated
contracting specifically
provide direct services
that
the diversion
with
to the
an individual
juvenile
program
or
will
or business
their
be $250 It
to
is
contracting
not anticipated
specifically
provide direct
that
services
the
with
to
diversion
an individual
the juvenile
program
or
or
their
will
business
be
families
in the
program. The
exception is the
required
families in the
program.
The exception
is the required
expense
by DCJ for OMNI
and
the
ETO
database. expense
by DCJ for OMNI
and
the
ETO
database.
Consultants
/ $750 $250
Contracts
Total
INDIRECT
$0
Indirect Total $0
Non-
$1,425
$ 475
Total
Personnel
Exhibit E Page 3 of 3
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